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Lois Henry: Fatal accident dealt its own justice

BY LOIS HENRY, Californian staff writer
e-mail: lhenry@bakersfield.com | Tuesday, May 13 2008 5:04 PM

Last Updated: Wednesday, May 14 2008 9:13 AM

It’s impossible to know how you would feel if Dorothy Anne Walter were your mother, killed in a senseless accident in 2006 on her way home one night.

You can’t know until you’ve been there, and I wouldn’t wish that on anyone.

Laurie Rankins has made it clear how she feels in letters to the court that’s hearing the vehicular manslaughter case against the man who drove the car that killed Walter, Rankins’ mother — her best friend.

She’s overwhelmed by grief. Sickened. And furious.

She and her family want the book thrown at now 25-year-old Daniel Espinoza, who was driving more than 90 mph when he crashed into Walter on Stockdale Highway near Buena Vista Road, according to police reports.

Rankins doesn’t call what happened an accident. She calls it murder.

While lawyers and courts have a different definition of murder, I understand where Rankins is coming from.

Espinoza was way over the speed limit, it was reckless and thoughtless to other people on the road.

People like Walter, a 69-year-old grandmother driving with her two little dogs, one of whom was also killed. She didn’t stand a chance.

The case will come back before Superior Court Judge Michael Lewis on June 5.

The maximum Espinoza could get is six years, which at first blush may not seem like much in exchange for a woman’s life.

But considering the accident nearly killed Espinoza and left him a quadriplegic in need of constant and intensive medical care, I wondered what exactly is justice in this case?

Espinoza has suffered some pretty harsh consequences for his actions. And he will continue to do so until the end of his life, which is now filled with extreme pain, brain damage and life-threatening infections.

That’s enough to me.

Not for the Walter family, according to court documents.

The letters are painfully sad to read. I did speak with Rankins but she said she did not wish to be quoted. The family’s letters, however, show Dorothy Walter was no hands-off grandma. She was fully involved in the lives of her children and grandchildren. She had a great sense of humor and a wide cast of friends. She loved life and it was stolen from her.

Meanwhile, Espinoza is alive. Yes, in a broken body, but alive and here for his mother to touch, his father to talk with.

The Walter family doesn’t believe his medical condition should be taken into consideration. After all, they argue, it was self-inflicted.

By the letter of the law, perhaps they’re right. But that’s why we have judges, to look at the whole case, the people involved and their circumstances.

At the heart of this matter, I believe, is remorse.

Espinoza has never apologized, the Walter family says. Even in a video shot by The Californian, he says he’s sorry the accident happened, but never says, “I’m sorry for what I did.” There’s a difference.

Initially, that was because of lawyers, Espinoza’s father, Dennis Espinoza, told me.

“He is full of remorse,” he insisted. “As a family we all pray for Mrs. Walter. It’s just devastating.”

Finally, a new lawyer tried to help them connect with the Walter family but they declined.

I’m pretty sure if Daniel Espinoza wanted the Walter family to know his feelings, there are ways to get that across.

E-mail? Letters? A statement to the court?

And he should already have found a way to use his experience to help others. Such as visiting high schools (or even using a computer cam) as regularly as his health permits and explaining how he ended one life and severely curtailed his own because of a single moment of stupidity.

If he caused even a handful of youngsters to take an extra minute before peeling out from a stoplight, it would be worthwhile.

His mother, Laurie Kolkman, told me he will try to make such an appearance at his old high school, where his younger brother will be graduating later this spring. She said the school called and felt it would be a powerful message to the teens just before prom night.

She said her son accepts responsibility for his actions, is very remorseful and also eager to find a way to make any kind of positive out of this horribly tragic event.

It wasn’t until five months after the accident that Espinoza was even aware enough to be told of Walter’s death. He was distraught, Kolkman said, and went into a deep depression.

“Even he has said, ‘Mom, if I did something wrong I should be punished,’’” Kolkman said. “And he is being punished, every day.”

I talked to Christopher Meyers, ethics professor at Cal State Bakersfield, about this case.

He agreed the goal should be “restorative” justice, where Espinoza tries to help the Walter family feel, in some small way, “restored” so they can heal and move forward.

Whether they’re able to accept that gesture — and it doesn’t seem they are based on court documents — the onus is still on Espinoza to try.

With or without an apology, Espinoza shouldn’t go to prison. The drain on taxpayers for his care is one issue but, more important, he’s paid for his crime.

Opinions expressed in this column are those of Lois Henry, not The Bakersfield Californian. Her column appears Wednesdays and Sundays. Call her at 395-7373 or e-mail lhenry@bakersfield.com.