- Alexis Javier Garcia-Torres seeks parole after serving time for a fatal crash.
- He admitted falling asleep at the wheel with THC and oxycodone in system.
- Garcia-Torres expressed remorse and aims to be a better father post-incarceration.
SALT LAKE CITY — When he was sentenced to the Utah State Prison in 2023, a 4th District judge recommended that Alexis Javier Garcia-Torres not be released until his substance abuse issues were properly addressed.
"Based upon the defendant's long history of substance abuse, the court recommends to the parole board to not consider release until the defendant completes all available treatment at the prison," according to the court docket.
On Tuesday, Garcia-Torres went before the Utah Board of Pardons and Parole for the first time, and board member Dan Bokovoy noted that, to this point, he has done everything asked of him. But Bokovoy also said the full five-member board now has the task of weighing Garcia-Torres' current successes against the crime that sent him to prison: driving onto a sidewalk and hitting two siblings, killing one.
On March 4, Arely Hernandez-Cuenca, 15, and her brother, 13-year-old Kevin Hernandez, were on a sidewalk at the intersection of 2100 North and 3600 West in Lehi, at about 4:30 p.m., when a Chrysler 300 drifted to the left side of the road, went across an island in the intersection, then jumped the curb and struck them. Arely was killed and her brother was seriously injured.
Garcia-Torres, now 35, told the parole board on Tuesday that he had fallen asleep at the wheel. Police concurred that his driving pattern was "consistent with him having either fallen asleep or passing out," a booking affidavit alleges. Toxicology test results showed THC and oxycodone in Garcia-Torres' system at the time of the crash, according to the affidavit.
He pleaded guilty in April 2023 to two counts of negligently operating a vehicle resulting in death or serious injury. Garica-Torres was sentenced to one to 15 years in prison for each count. A judge ordered the sentences to run consecutively, meaning he could serve up to 30 years.
During his hearing on Tuesday, Garcia-Torres noted that while "I can't blame nobody else" for his actions, he said growing up without a father was partially to blame for his multiple marijuana convictions leading up to the crash, as well as smoking marijuana for pain management.
"I was in a dark place for a long time," he said.
On the day of the incident, Garcia-Torres says he had been working long hours on top of traveling from his home in Ogden to a work site in Lehi every day. He couldn't get a ride from his job site, although he tried to tell his supervisor that he could not drive because his license was suspended. Nevertheless, Garcia-Torres ended up driving that evening and stopped at a gas station to fill up and get an energy drink. But after putting his car in cruise control and accelerating from the intersection, he says he fell asleep and drifted. He woke up after his head hit the steering wheel from impacting the curb.
"I tried to correct my car, but it was already out of control," he told the parole board.
While Garcia-Torres admits he has "made a lot of bad decisions" in his life, he says all he can do now is take responsibility for what he has done and better himself. His biggest motivation now is his 7-year-old son.
"I don't want him to be like me and end up in prison like I did," Garcia-Torres told the board. "I can show my kids that, no, you don't need to sell drugs. No, you don't need to use drugs to survive in this life.
"Just know that if I can do it, you can do it too," he said,
Bokovoy noted that Garcia-Torres has maintained a clean record since arriving at the prison.
"I've done everything you asked me. I've done everything for myself, I've done everything for the family I hurt," he said while noting his mindset has completely changed since being incarcerated. "I was just young and reckless ... I'm not the same person that came here four years ago."
Although no representatives from the victims' family were present for the hearing, Garcia-Torres read a note to the board that he had prepared, stating how "truly sorry I am for breaking your family apart and taking something precious from you.
"I can't believe in a matter of seconds I can ruin your lives," he said. "I'm truly sorry for what I did."
Garcia-Torres says his goal now is to be a better person and to be there for his children.
The full five-member board will vote on whether to grant parole.
