FIL AM FAMILY OF 5 KILLED IN THE TRAFFIC MISHAP
By JOSEPH G. LARIOSA
(© 2019 Journal GlobaLinks)
JUDGE VIVIAN L. Medinilla of the Delaware Superior Court in Wilmington has set on Sept. 6 at 1:15 p.m. the sentencing of the driver of a Ford pickup
that smashed into a 1998 Toyota Sienna minivan, killing five of six Filipino American family members on board, that took place exactly one year to the day on Saturday, July 6, in New Castle County in Delaware.
Judge Medinilla set the sentencing after Alvin Seymour Hubbard pleaded guilty before Judge Calvin L. Scott, Jr. last June 5 to two counts of vehicular assaults second degree and five counts of vehicular homicide second degree that killed Audie Trinidad, 61, his daughters, Kaitlyn, 20; Danna, 17; and twins, Allison and Melissa Trinidad, and caused the serious physical injury of the mother of the children, Mary Rose Ballocanag, 54, a registered nurse.
Brian C. Kern, 25, of Bethlehem, Pennsylvania, a driver in another vehicle, Mercury Sable, also sustained injuries, when his car was hit by Hubbard's pick-up before ramming the Toyota Sienna.
MARY ROSE BALLOCANAG Trinidad (extreme left) had a photo op with her family in front of their Christmas tree. To her left are Kaitlyn, 20, Danna, 17, and husband, Audie, and their 13-year-old twins Melissa and Allison. Only Mary Rose survived while the rest of her family were killed on the spot when her family's 1998 Toyota Sienna minivan slammed into heavy-duty Ford F-350 pick-up truck traveling the wrong way that left her husband and their four daughters all dead. (JGL Photo courtesy of Paul M. Ballocanag used with permission)
Hubbard’s Ford pickup tore thru a public roadway known as Route 1 and/or the Korean War Veterans Memorial Highway in New Castle last July 6, 2018. Hubbard, 45, is a father of two. The family was on their way home from a Fourth of July celebration when the deadly mishap happened.
VEHICULAR HOMICIDE 2ND DEGREE
Vehicular homicide in the second degree in Delaware is a class D felony. Its minimum sentence is 1 year, not subject to suspension, and no person convicted under this section shall be eligible for probation, parole, furlough, work release or supervised custody during the first year of such sentence.
Vehicular Assault Second Degree Class A Misdemeanor which causes injury due to criminal negligence calls for a statutory sentence of zero to a year of imprisonment and up to $2,300 fine.
According to the indictment signed by Delaware Attorney General Matthew P. Denn, the Grand Jury charged Hubbard with Counts I to V for vehicular homicide second degree in violation of Title II, Sec. 630 of the Delaware Code while in the course of driving or operating a motor vehicle, his criminally negligent driving or operation of said vehicle caused the death of Audie Trinidad and his four daughters.
CHARGED WITH COURTS VI AND VII
Hubbard was also charged with Counts VI and VII misdemeanors for vehicular assault second degree for his criminally negligent driving or operation of said vehicle causing serious physical injuries to Audie's wife, Mary Rose Ballocanag, who sustained severe physical injuries and Brian Kern, who also suffered physical injuries.
WHEN MARY ROSE Ballocanag-Trinidad's mother, Evangeline Mogol Ballocanag, fell sick in August 2017, she took her entire family to her hometown of Pinamalayan, Oriental Mindoro in the Philippines. Mary Rose (third from right) wanted her family to be by her mother's side. (JGL Photo courtesy of Paul M. Ballocanag used with permission)
Hubbard was also charged with Count VIII misdemeanor for vehicular assault third degree for his criminally negligent driving or operation of said vehicle that caused physical injury to Brian Kern.
FAILED TO GIVE FULL TIME & ATTENTION WHILE DRIVING
Hubbard was also charged with Count IX violation for inattentive driving when he failed to give full time and attention to the operation of the vehicle or failed to maintain a proper lookout while operating said vehicle.
He was also charged with Count X violation for failure to obey a traffic control device when he failed to obey the instructions of any traffic-control device application and Count XI violation for driving on divided highways which had been divided into two or more roads by an intervening space. Or by a ”physical barrier or clearly indicating dividing section so constructed as to impede vehicular traffic and did fail to drive only upon the right-hand road and/or did drive over, across, or within any such dividing space, barrier or section, and there was no space or crossover or intersection established there.”
Hubbard, who is out on bail, has posted $30,000 secured bond distributed across all charges for his provisional liberty.
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