At sentencing, convicted drunk driver asks for forgiveness from victims’ families
- The San Juan Daily Star
- 2 hours ago
- 5 min read
Judge who sentenced Mayra Nevárez to house arrest slams punitive amendments
By THE STAR STAFF
Mayra Enid Nevárez Torres apologized on Monday to the family of Justin Santos Delanda and to Keven Monserrate Gandía prior to her sentencing to 15 years in prison for causing the death of Austin Agustín “Arcángel” Santos Delanda’s brother and seriously injuring his passenger while driving under the influence of alcohol on Nov. 21, 2021, on the Teodoro Moscoso Bridge.
“On November 21, 2021, an accident occurred in which young Justin Santos Delanda died and Keven Monserrate Gandía suffered serious physical harm. I still don’t remember what happened that day, but I am aware that I caused that unfortunate accident and I am responsible for what happened that day. I didn’t go out with the intention of harming anyone; that was never in my mind or in my heart, but there are no excuses for what I did,” Nevárez Torres said in her statement. “I acknowledge the seriousness of my actions, and I deeply regret the suffering I have caused due to the loss of a life and the physical and emotional harm I have inflicted during this process.”
“I am here to most sincerely ask Ms. Carmen Santos, Kevin, Ms. Iris, and their families for forgiveness and to express my deepest remorse for what happened,” she added. “Since that fatal day, I have carried and will carry an eternal burden on my conscience and in my heart, because it pains me to see the anguish and suffering I have caused both families, and therefore I will live with regret for the rest of my life. I made a commitment to change, to be a different person. I sought professional, psychological, psychiatric, and spiritual help. Since that day, I have not drunk alcohol again and I have complied with the conduct expected of me. I am committed to my process of change, my rehabilitation, to reforming myself, and to never repeating this terrible situation again.”
Prior to the sentencing, Judge Wanda Cruz Ayala, who announced her upcoming retirement from the judiciary, emphasized the “therapeutic justice” approach as a source of rehabilitation for a convicted person. The judge made it clear that she disagrees with the island Court of Appeals’ reversal of her sentence of house arrest and, in passing, criticized the amendments to the law that mandate incarceration.
She offered “a very brief explanation of why judicial systems around the world are adopting more humane, more compassionate approaches to the application of the law.”
“These considerations were the ones we used to issue the sentence that was later overturned by the Court of Appeals, which we accept with the utmost respect, but do not agree with because we understand that it resulted in the substitution of the discretion of the sentencing court of first instance,” Cruz Ayala added.
“Unfortunately, the social and state response to drug and alcohol use and abuse has not been treated as a health problem, with the emphasis placed on punitive actions instead of preventive and therapeutic ones,” the judge continued. “In fact, a law was recently approved that aims to establish mandatory imprisonment in these cases. The elimination of alternatives to incarceration and of judicial discretion limits the ability of judges to evaluate each case on its particular merits and issue rulings in accordance with applicable law, after a calm and impartial assessment, taking into account the circumstances of each case.”
“In short, laws should be guided by empathy, love, forgiveness, compassion, and mercy,” Cruz Ayala said, before going on to note “the high social and economic cost of incarceration in Puerto Rico.”
The judge then addressed Nevárez Torres.
“Although it has been ordered that the sentence be served in a penal institution and not in the community, remember that human life retains its value, meaning, and purpose,” Cruz Ayala said. “Always protect your integrity. [...] I urge you to face this process as an opportunity for reconstruction and personal growth.”
“And finally, I sincerely hope that Mr. Justin Santos Delanda rests in peace and that his family and friends find comfort, serenity, and strength even in the midst of their grief,” Cruz Ayala said.
The judge credited Nevárez Torres with the 11 months and 29 days she had already served prior to sentencing.
According to the authorities’ investigation, Santos Delanda, 20, was driving a Can-Am with Monserrate Gandía on the Moscoso Bridge. Nevárez Torres was driving under the influence of alcohol and against traffic. As a result, she collided with the Can-Am. Santos Delanda died and Monserrate Gandía was seriously injured.
Nevárez Torres’ blood alcohol content was .29%. During the judicial process, her defense counsel challenged the proceedings.
In September 2024, Nevárez Torres was found guilty of causing the death of Justin Santos Delanda and inflicting serious bodily harm on Monserrate Gandía by driving against traffic and under the influence of alcohol.
The sentencing hearing was postponed on more than one occasion. In January of this year, Cruz Ayala sentenced Nevárez Torres to 15 years of house arrest with electronic monitoring. The sentence also included 200 hours of community service, fines, $10,000 in restitution to Monserrate Gandía, a five-year suspension of her driver’s license, and random drug testing.
The sentence drew criticism from Santos Delanda’s family, especially his brother “Arcángel,” who called the Puerto Rican justice system “garbage.”
The Department of Justice appealed the trial court judge’s decision, and in April, the Court of Appeals overturned the house arrest sentence and ordered Nevárez Torres to serve the 15-year prison sentence in a correctional institution.
The case reached the Supreme Court, which upheld the Court of Appeals’ decision.
Justice Secretary Lourdes Gómez Torres stated that “[w]ith this resentencing of fifteen years in prison against Ms. Mayra Nevárez Torres, justice is served for Justin Santos Delanda, his mother, his siblings, family, and friends, as well as for Keven Monserrate Gandía, who was seriously injured in this tragic traffic accident.”
“This judicial determination [...] sends an unequivocal message to all those irresponsible drivers who insist on driving under the influence of alcohol: this criminal behavior will not be tolerated,” Gómez Torres said. “This administration’s public policy is clear: those who break the law will go to jail. The life of a human being and the irreversible pain of a family and a community cannot and should not be the impetus for changing behavior; responsibility must exist before getting behind the wheel, not after destroying a life.”