Illegal immigrant gets 120 days in pedestrian death

Friday, July 16, 2004 | 8:16 a.m.

A week ago they were contemplating filing murder charges against him, but on Thursday prosecutors allowed an illegal immigrant to plead guilty to misdemeanor charges of leaving the scene of an accident and failing to render assistance.

Jose Manuel Soto-Cabrales, 25, is expected to serve 120 days at the Clark County Detention Center in connection with the death of 27-year-old Abigail Coleman. Soto-Cabrales hit and killed Coleman on U.S. 93 north of Las Vegas on June 18.

Upon Soto-Cabrales' release, the Immigration and Naturalization Service is expected to deport him.

Soto-Cabrales was originally accused of transporting two illegal immigrants, Osiel Ramirez Giana, 34, and Lucrecia Santos Estaban, 24, but federal prosecutors decided not to pursue those charges.

Chief Deputy District Attorney Clark Peterson said after separately interviewing both Giana and Estaban for three hours, discussing the case with the coroner's office and having the Nevada Highway Patrol "work day and night," he found it was clear the act wasn't even a felony let alone murder.

Peterson said through the investigation he was able to determine Soto-Cabrales was driving from Phoenix to Washington, where he works as an apple picker with Giana and Estaban.

At roughly 3 a.m. on June 18, Coleman apparently was walking in the middle of the highway and Soto-Cabrales' vehicle struck her. Coleman went partially through the windshield.

Nevada Highway Patrol officers said they have not yet determined what Coleman was doing on the deserted stretch of roadway but hope to know more after they talk to her family.

Soto-Cabrales continued driving, but after swerving into a lane of oncoming traffic he lost control of the car and crashed into a ditch. He then took Coleman off the windshield, according to the investigation.

The coroner later determined that Coleman bled to death and that she had cocaine and alcohol in her system when she died.

Peterson said Giana and Estaban resisted leaving the scene of the accident initially, but soon gave in and left because Soto-Cabrales said he wanted to get them medical assistance in Las Vegas for injuries they suffered from the crash.

Giana and Estaban became alarmed at the high speed of Soto-Cabrales' driving, made him stop and got out of the car. Soto-Cabrales continued driving, but later crashed the car, took off the license plates and fled the scene. He successfully evaded the police for 36 hours, according to Peterson.

Peterson said the coroner's office determined it was not unreasonable for Soto-Cabrales to believe the victim was dead.

Nevada Highway Patrol officers determined Soto-Cabrales wasn't driving at an "excessive speed" and was found to have no alcohol or drugs in his system.