A motorist convicted of two counts of second-degree murder in a DUI crash that killed a couple walking on a sidewalk will have to wait at least two more weeks to learn his fate.
Oscar Jimenez, scheduled to be sentenced Tuesday, agreed to continue his sentencing to Aug. 6 to give his attorney more time to read a recently delivered probation department report. Jimenez has seven prior DUI convictions and faces 78 years to life in prison.
Prosecutor Robert Murray said he was ready to go forward with the sentencing Tuesday, but defense attorney Bill Slocumb said he had only received the probation department's report Monday. He said he needed more time to examine its contents.
Judge John R. Brownlee said he received the report a week ago, and Murray said the report contained "no surprises." Nevertheless, the continuance was granted and Slocumb will argue for a new trial and for Jimenez's prior convictions to be struck on the sentencing date.
Jimenez, 47, cut a far different figure Tuesday than from the time of his arrest. He once had thick black hair but has since shaved his head bald, and has also shaved his mustache and grown a beard, and has gained some weight from his nearly two years in custody.
Police have said Jimenez was driving a pickup when he struck 70-year-old Al Cichy and 80-year-old Annabelle Cichy as they walked along Auburn Street. He crossed over the center divider and across opposing lanes of traffic onto the sidewalk.
Al Cichy died about an hour after being hit, with Annabelle succumbing to her injuries later that evening. A blood test revealed methamphetamine and marijuana were in Jimenez's system at the time of the April 26, 2011 crash.
In addition to his numerous DUI convictions, Jimenez was sentenced to two years and eight months in prison in 2006 after pleading no contest to methamphetamine possession, court records show.
A 1998 arrest for meth possession resulted in a four-year term. He was sentenced to two years and eight months in 1996 for meth possession, and received a two-year term for a 1992 conviction for first-degree burglary.