California Woman Convicted of Killing Cyclist to Be Released Early on Good Conduct
A California woman convicted of killing a 21-year-old cyclist with her car will be released early from prison due to good conduct credits, despite being a repeat offender with a history of at-fault crashes. Neomi Velado, 28, struck and killed Benjamin Montalvo in Corona in 2020 while he was biking with friends, in what authorities described as a case of gross negligence.
Details of the Case and Sentencing
Velado was sentenced to nine years in prison in 2023 after being convicted of felony vehicular manslaughter with gross negligence and felony hit and run causing death. However, less than three years into her sentence, she is set to be released on February 14, 2025, after earning credits for good behavior and participation in rehabilitative programs.
According to reports, Velado was texting her boyfriend when she hit Montalvo with her car, and this incident marked her fourth at-fault crash involving phone distraction and her fifth at-fault crash overall. During her court hearing, the judge noted that Velado demonstrated callousness by leaving the victim in the street to die, though she turned herself in the following day.
Family Outrage and Legal Challenges
Montalvo's family, particularly his mother Kellie Montalvo, has expressed profound outrage over the early release. Kellie called the decision a huge slap in the face and questioned the enforcement of sentences, stating, Why do they give a sentence if it's not going to be enforced?
The family was initially satisfied with the nine-year sentencing but received a letter announcing Velado's Valentine's Day release, prompting them to appeal to the governor's office for help. They hoped there was an error in calculating Velado's credits, which included 124 days for previous time served.
Kellie Montalvo emphasized her concerns about re-offending, saying, Am I afraid she's going to re-offend? Absolutely. It isn't enough time to have made a difference in someone that has four hit-and-runs and shows no consciousness of guilt.
California's Sentencing and Credit System
A spokesperson for the California Department of Corrections and Rehabilitation explained that individuals with determinate terms serve a fixed period and are automatically released without a parole hearing after completing that term. Most non-violent offenders can earn credits for up to 50 percent of their sentence through following rules or completing educational programs.
However, the Montalvo family has been vocal in criticizing this system, with Kellie stating, Quite frankly, we don't give a darn about her good merit credits. Where are Benjamin's credits? Where are his milestones? She took every milestone that he could have ever achieved when she killed him.
Advocacy for Stricter Traffic Safety Laws
In response to the tragedy, the Montalvo family has championed laws in California aimed at promoting traffic safety. One proposed law would add vehicular manslaughter and vehicular manslaughter while intoxicated to the state's list of violent felonies, potentially leading to harsher sentences for offenders.
Attorneys in the case claimed that Velado had been drinking and smoking marijuana before the crash, but the evidence was lost before she surrendered. This has further fueled calls for legal reforms to prevent similar incidents and ensure accountability.
The Daily Mail contacted the California Office of Traffic Safety for comment, highlighting ongoing public and media scrutiny over this case and its implications for justice and road safety.
