Mother says Modesto drunk driver who killed her son should get treatment in prison

The mother of a man killed by a drunk driver in Modesto asked a judge for the maximum prison sentence, because that’s where the defendant can receive the supervision and the mental health treatment he needs.

Rigoberto Ramirez Aleman was released early from jail on Oct. 19, 2014, after serving time for a misdemeanor charge of driving under the influence of drugs. Aleman was drunk a few hours later, ran a red light in downtown Modesto and crashed into another vehicle, killing John Bixby.

Bixby, 38, of San Mateo had just left his girlfriend’s home when the crash occurred. He was taken to a local hospital, where he died from his injuries.

Bixby earned a bachelor’s degree in economics from Brown University in 1998 and later his master’s of business administration from the Anderson School of Management at UCLA in 2008, according to an obituary in The San Diego Union Tribune. At the time of his death, he had most recently worked as an analytics leader at Intuit in Mountain View.

Nancy Bixby, the victim’s mother, said Aleman should be sent to prison for as long as possible, because behind bars is where he will be fed, clothed and supervised and receive medication for his mental illness. Without that type of care, there’s too much risk for the public, she said.

“We believe the community needs protection from that danger,” the mother wrote in a letter to the judge. The letter was read in court Thursday by Deputy District Attorney Melissa Chichportich, who prosecuted Aleman.

Greg Spiering, Aleman’s attorney, has told The Bee that his client was diagnosed with schizophrenia and that Aleman should not have been released from jail before the crash. He said Aleman should have been sent to receive mental health treatment, but his previous DUI case moved through the judicial system too quickly.

A Stanislaus County jury on Oct. 24 found Aleman guilty of second-degree murder, gross vehicular manslaughter while intoxicated, and a misdemeanor count of driving without a valid license.

Stanislaus Superior Court Judge Rick Distaso gave Aleman the maximum sentence of 15 years to life in prison for the murder charge. The judge sentenced Aleman to 10 years and 180 days in prison for the two other criminal charges, but that sentence will be permanently stayed. The potential life sentence supersedes it.

Before the judge handed down the sentence, the court gave Bixby’s family and friends a chance to speak about the impact of his death. His family was not able to attend the hearing, but the prosecutor read two letters submitted to the court.

A longtime friend also wrote a letter to the judge, saying he couldn’t help but think how much life Bixby had ahead of him when it was taken away by the drunk driving crash.

Bixby’s mother wrote in her letter that there’s no such thing as closure for her family, and no prison sentence will help fill the void or alleviate the pain of learning “their once beloved son had just died violently.” But she said there’s some solace in knowing Aleman will receive the kind of support he couldn’t afford or get from his family, which was evident in the trial testimony.

Mental illness, alcoholism

The defense attorney said several members of Aleman’s family attended Thursday’s sentencing hearing. Spiering told the judge that Aleman’s family was sorry for the defendant’s action, and they did their best to intervene and help Aleman with his mental illness and alcoholism.

Spiering also said in court that his client wanted to express his sorrow for what he caused. Aleman didn’t speak during Thursday’s hearing. He was assisted in court by a Spanish language interpreter.

Court records indicate that Aleman was charged with DUI, driving with a suspended or a revoked license, and child endangerment, as well as drug possession, in two separate incidents that occurred a few weeks before the crash that killed Bixby. Superior Court Judge Linda McFadden handled those cases.

Four days before the fatal crash, Aleman pleaded no contest to the misdemeanor DUI charge, child endangerment and drug possession. The charge of driving with a suspended or a revoked license was dropped.

Prosecutors said the judge warned Aleman he could be charged with murder if he continued driving intoxicated and someone was killed.

Aleman was sentenced to 90 days in jail and formal felony probation for the 2014 conviction. He had already been in custody when he entered the no-contest plea Oct. 15, and he had about a month left to serve in his jail sentence.

With credit for good behavior, Aleman initially was scheduled to be released from jail Nov. 13, 2014.

Aleman instead was released almost a month early because of jail overcrowding. A sheriff’s spokesman said at the time that the state’s prison realignment had increased the jail population beyond federal capacity standards, so sheriff’s officials were forced to release some inmates early.

Prosecutors said Aleman left the jail about 11 a.m. and immediately went to his sister’s home, where he drank alcohol over the next few hours. They said Aleman grabbed his sister’s car keys and drove away.

The defense attorney has said Aleman experienced massive delusions, including that he had a computer chip inside him and the Mexican government was communicating with him. Spiering said alcohol and drugs quell the voices experienced with psychosis, and he thinks the voices overwhelmed Aleman as he was driving.

The deadly crash occurred about 2:10 p.m. Aleman was driving a Chevrolet Malibu when he crashed with an Audi driven by Bixby, according to Modesto police.

Prosecutors said Aleman was speeding through the area, ran a red light at L and Seventh streets and drove on the wrong side of the road. Aleman was driving about 70 mph on Eighth Street when he crashed into Bixby’s vehicle.

Aleman suffered moderate injuries and was hospitalized before he was released and charged with murder. He has remained in custody ever since.

Aleman’s criminal case had been suspended after he was declared mentally incompetent to stand trial. A forensic psychologist in 2015 evaluated Aleman’s mental health, and the court ordered mental treatment to restore his competency. His case was later reinstated and prosecuted at trial.

This story was originally published December 14, 2019 at 5:00 AM.