Teen driver gets two years jail for Tongan deaths

Delgado, who has been free on bail since her conviction, wept as the judge imposed the sentence and left the courtroom without comment surrounded by Moore and her family.

Delgado, nor anyone on her behalf, addressed the court prior to sentencing.

In contrast, Sela Tonga, a cousin of the Tongan princess, said words can't express how she feels about the loss.

"You don't know how much it has impacted all of us," she said.

Moore asked for a 30-day stay to give Delgado and her family time an adjustment period to her return to incarceration but Judge John Runde gave only one week. She must surrender to the women's jail at 9 a.m. Sept. 1.

Delgado's sentence also includes three years supervised probation and restitution to the families and estate of the three victims.

Outside the courthouse, Moore respectfully disagreed with the sentence but said his client would survive another turn in the jail. He called the sentence less about her actual conviction of three misdemeanor counts of vehicular manslaughter without gross negligence and more about the publicity and identify of the victims.

Prosecutors charged Delgado with felony gross vehicular manslaughter in the July 5, 2006 crash that killed Prince Tu'ipelehake, 55, his wife Princess Kaimana, 45, and the couple's driver Vinisia Hefa, 36. On June 14, a jury ended two days of deliberations with convictions on the lesser charges.

The crux of the case hinged on whether Delgado was reckless, causing the accident prosecutor Aaron Fitzgerald categorized during sentencing as "a tragedy."

On July 5, 2006 Delgado and her 18-year-old passenger drove her white Mustang north on Highway 101 until sideswiping the red Explorer carrying the victims near Marsh Road. The Explorer's front tire turned to the right, causing the SUV to flip multiple times and killing the three inside. Delgado and her passenger were unharmed and the teen was arrested at the scene.

After the trial, jury foreman Frank Johnson III said the jury couldn't conclude Delgado was grossly negligent. Outside the sentencing, Moore said Johnson's comments cemented his contention that the crash was simply an accident.

Delgado's sentence, therefore, he added, cannot be seen as a deterrent to speeding, reckless driving or gross negligence such as using alcohol or drugs.

The cause, he said, was an unsafe lane change and pointed the finger at Ford for playing a role.

Family members of the Tongan royal family filed a civil suit against Ford in Santa Clara County Superior Court last Monday. The suit alleges that the Explorer itself is to blame for the rollover but also names Delgado.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.