Ecstasy death case concludes
Ecstasy death case concludes
Nov 1/2004
By Michelle Durand Daily Journal Staff
The teen Ecstasy dealer who provided the drugs to a 14-year-old Belmont girl who died from it will likely spend less than a year in a rehabilitation camp after admitting two felonies.
Calin Fintzi, 18, admitted one count of involuntary manslaughter and one count of conspiracy to provide drugs to a minor. The plea bargain wraps up a string of five criminal cases stemming from the April death of Irma Perez although a civil liability lawsuit is still likely.
In return for Fintzi’s plea, authorities dropped numerous drug and child endangerment charges. Fintzi does receive one strike on his criminal record which will carry over into adulthood. If he is ever convicted again of a felony he could receive a heftier sentence under the current Three Strikes structure.
The conspiracy charge encompasses two days worth of actions, from initially selling the drugs to Fintzi going to the sleepover where the girl lay dying to readying more narcotic sales in the following days.
“The charges he admitted absolutely defined his conduct,” said prosecutor Elizabeth Raffaelli.
Fintzi was immediately sentenced by juvenile Judge Marta Diaz to an indeterminate program at Camp Glenwood. The La Honda-based camp is a structured rehabilitation program serving as an alternative to the California Youth Authority. Its purpose is to rehabilitate Fintzi rather than simply punish him for the crimes he admitted. Program stays averages between six and eight months depending on a juvenile’s behavior, Rafaelli said. The camp will also require ongoing care after Fintzi’s sentence and counseling for his parents.
Prosecutors pushed for a CYA sentence but a probation report recommended a year at Hillcrest Juvenile Facility. Diaz opted for the camp, considered an option between the two. Fintzi has been at Hillcrest since his April arrest. Diaz told the court she didn’t simply want him biding his time there awaiting release. Fintzi could still be sent to CYA if he violates probation or any aspect of Glenwood’s program, Raffaelli said.
Fintzi’s case was the last of five defendants arrested after Perez took Ecstasy with two other middle-schoolers. Two other adults and two minors each agreed to plea bargains and received punishments ranging from rehabilitation programs to five years in prison.
Perez’s sister and guardian, Imelda, was not happy Fintzi would not go to CYA, Raffaelli said.
Fintzi was the only one to face involuntary manslaughter charges for failing to seek medical help for Perez.
“Really, out of all the people involved, he was the most responsible,” Raffaelli said.
Fintzi was 17 at the time of her death, but prosecutors tried unsuccessfully to have him tried as an adult. Had they succeeded, Fintzi could have been sent to prison and carried a criminal record for the rest of his life.
Fintzi’s sentencing caps a tragedy that rocked the Belmont community in April, spurred renewed conversations about drug use among teens and raised questions of parental responsibility and supervision.
The trio of girls each took one double-stacked Ecstasy table but only Perez reacted severely. Fintzi, who ran an Ecstasy and cocaine business with Antonio Rivera, 20, sold three pills to one girl. She took one after buying it and became nauseous. Fintzi gave her another so there would be three for the sleepover.
Shortly after taking the pill April 23, Perez complained of a headache and began vomiting violently. As she moaned and said she felt like dying, the two other girls called Fintzi for help. He told them to give Perez marijuana and the girls also flicked water in her face. Fintzi arrived at the Belmont home with two friends but no one ever called 911. Fintzi reportedly told the girls Perez was having a bad trip before leaving.
The grandmother of the party’s hostess heard Perez moaning the next morning and alerted the parents. They found Perez slumped over and called her 26-year-old sister and guardian. Imelda Perez flew to the house and phoned 911 despite reported requests by the parents to take the girl to the hospital instead.
Five arrests
Fintzi and Rivera were arrested with days, even before a now-brain dead Perez was removed from life support. The two minor girls and an 18-year-old woman who hid drugs at Rivera’s apartment were taken into custody within the week. The girls pleaded no contest to child endangerment and each received rehabilitation programs. Rivera received five years in prison Tuesday and Angelique Malabey was sentenced to six months in county jail for aiding him.
The quick plea bargains and lack of preliminary hearings on the part of the others left Fintzi’s judicial journey the only opportunity to hear publicly about the events before and after Perez took the pill. Even after Perez died, Fintzi and Rivera were still selling drugs and devising the best way to sell at the upcoming prom, Raffaelli said.
Defense attorney Vince O’Malley argued during an early court hearing his client is no more to blame than any other person in the house who declined to seek help.
Possible civil suit
The parents whose house hosted the fatal party have also not emerged unscathed. Diaz and Judge James Ellis, who sentenced Rivera, have both publicly chastised the parents for failing to supervise the sleepover and delaying calls to 911. They were never criminally charged but could still face a civil lawsuit. Imelda Perez declined to elaborate on potential litigation.
“Our office looked into it but we could find no criminal liability there. A lot of people share the feeling they are morally culpable and while we may feel that we can’t prove it in a criminal court,” Raffaelli said.
Next April, the city of Belmont plans to hold a candlelight vigil in Perez’s memory. Raffaelli hopes the gesture prevents future tragedies.
“I mean no disrespect to teenagers but it is easy to forget which is the biggest mistake we can make in this case. We need to remember the lessons of what happens when kids buy drugs and use them,” she said.
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Her parents should definitely sue the government cause that is what is truly to blame for her death....
