Settlements near in ped death
Prosecutors have offered a settlement to the motorist charged with manslaughter in the death of a pedestrian in Kings Beach in January.
Kevin Gorchinski, 25 from Sacramento, will serve three years of informal probation and 60 days of work release if he accepts the offer from the Placer County District Attorney’s Office, according to his attorney Alison Bermant.
That offer is consistent with the sentencing of similar cases in the county, Bermant said.
Gorchinski is charged with vehicular manslaughter without gross negligence and failure to yield to pedestrians. Both charges are misdemeanors, Bermant said.
Gorchinski hit and killed Tahoma resident Linda Fernandez and injured her boyfriend Jeremy Virgo on Jan. 8 while driving his 1999 Honda on Highway 28 in Kings Beach, according to California Highway Patrol reports. The pedestrians were in a crosswalk at the time of the accident, according to the CHP.
Gorchinski was driving at or near the speed limit and was not under the influence of alcohol, according to reports following the accident.
Bermant requested photographs from the California Highway Patrol at a previous court hearing. The photos showed the condition of the intersection the night the accident occurred, Bermant said.
“They show how dark it was that night,” she said. “The paint on the crosswalk was almost completely rubbed off by road sand.”
Bermant said Gorchinski had no criminal history and is a hard-working man who served in the U.S. Navy Reserves before being discharged for the emotional stress he suffered from the Kings Beach accident.
“This was a horrible tragedy for both parties,” Bermant said.
A civil lawsuit, which is separate from the criminal complaint, has also been filed against Gorchinski, Bermant said.
The parties are close to a settlement in that case, which would pay out to the plaintiffs the maximum amount allowed under both Gorchinski’s mother’s homeowner insurance policy and Gorchinski’s vehicle insurance policy, said Bermant.
She notified the court of the developments in the case during a hearing on Monday morning. The next hearing is scheduled for Aug. 7.
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