Driver sentenced for fatal crash in New Philadelphia
NEW PHILADELPHIA – The driver in a drunk-driving, drag-racing crash that killed a 21-year-old New Philadelphia man in August will spend six to seven years in prison.
Friday morning, 38-year-old Janesh Cabrera-Vargas was sentenced to three years in prison for aggravated vehicular homicide and an additional three to four years for fleeing the scene. He will simultaneously serve a 180-day jail sentence for OVI.
Police say Cabrera-Vargas was drag-racing on South Broadway and crashed into a utility pole around 2 a.m. on Aug. 23. 21-year-old Terron Henderson, a passenger in the car, was killed in the crash.
Prosecuting attorney Fred Scott said the two had just met that night at a bar. He said factors that dictate a more serious sentence include the decision to drag race and then flee the scene. He said another factor to consider was that the victim encouraged the drag-racing. However, Judge Michael Ernest said that does not put any fault on the victim or change the sentence.
Defense attorney Aaron Kovalchik said Cabrera-Vargas is remorseful.
“It’s tragic for everybody,” he said. “It’s a situation where you have a bunch of hardworking guys who cash their check, then go to the bar and then make bad decisions.”
The victim’s mother, through victim’s advocate Krista Nutter, and sister shared their grief and asked Cabrera-Vargas to use his time in prison to reflect on his decisions and make sure nothing like this ever happens again.
“Janesh, I want you to know that I don’t hold any hate or ill will toward you. I know you didn’t intentionally or maliciously kill my son, but I am still angry at your actions – that you ran to try to save yourself from the consequences of your actions and left my son for dead on the side of the road.”
Cabrera-Vargas through an interpreter said he has been sober since the accident and thinks about it every day.
‘I would like to apologize to his family because there are no words or anything I can do to change what happened that night besides me trying to be a better person, a better citizen, and I am trying to be.”
Vargas will begin serving his sentence immediately. Judge Ernest also imposed a lifetime driving ban and up to three years of probation following the sentence.