Last Ecstasy death suspect faces fate

More important, she said, is the gravity of Fintzi's involvement in the death of Irma Perez, 14. He is charged with multiple felonies, including child endangerment, involuntary manslaughter and providing controlled substances to a minor - all of which led to Perez's death, Raffaelli said.

"That's why we are treating everybody in this case in such a serious fashion. It is about accountability," Raffaelli said.

Fintzi is the last of five suspects arrested after Perez died. The four others all agreed to plea bargains but Fintzi isn't even at a point yet where that is an option. First, a judge must decide whether Fintzi remains in juvenile court or is tried as an adult. The choice makes the difference between how much time Fintzi could spend behind bars and if he'll spend it in state prison or the California Youth Authority.

If convicted as a juvenile, Fintzi faces up to four years. As an adult, he is looking at more than a decade in prison.

Beginning this morning, Raffaelli will try swaying Judge Marta Diaz to deem Fintzi fit to stand trial as an adult. Diaz can also dismiss any charges she believes are not warranted by the evidence.

The crux of the case is not only if Fintzi provided drugs to the trio of girls but also if he dissuaded them to seek medical help when Perez lost consciousness. Diaz isn't deciding Fintzi's guilt; rather, Raffaelli must prove the charges faced by Fintzi are so great he deserves to be in adult court.

California law allows for minors to be tried in adult court if their crimes are deemed serious enough. Most recently, San Mateo County used the law to try several sexual assault suspects as adults. The court must decide the degree of criminal sophistication, whether the minor can be rehabilitated, previous delinquent history and the circumstances of the current charges.

"I feel confident we'll have him tried as an adult," said Chief Deputy District Attorney Steve Wagstaffe.

To prove her case, Raffaelli plans to launch the most complete hearing on the incident so far. Today, and possibly tomorrow, Belmont police officers, the coroner and a Stanford doctor will testify about Perez's death.

Perez died after she and two friends took one pill each at a slumber party April 23. Perez had a severe reaction, complaining that she didn't feel right and eventually slipped into unconsciousness. The girls told authorities they called Fintzi for help and he came to the home. He allegedly told Perez's friends to give her marijuana and water; he never sought medical help or suggested the two girls seek it.

Perez was declared brain dead the following day and taken off life support later in the week. A coroner's report cited the cause of death as Ecstasy poisoning and noted that Perez would likely have survived if she received immediate help.

The lingering question, though, is whether Fintzi will stand trial at all or try for a plea bargain arrangement as the others did after his fitness hearing.

On Tuesday, Antonio Rivera, 20, pleaded no contest to conspiracy to provide controlled substances to minors, possession of a controlled substance for sale and inducing a violation by a minor. Rivera reportedly gave the Ecstasy to Fintzi who in turn sold it to the three girls.

Prosecutors pushed for a dozen years but the court decided Rivera will receive no more than eight. He will be sentenced Oct. 22.

The two 14-year-old girls who took the drug with Perez each pleaded no contest to child endangerment and were sentenced to rehabilitation programs. One must also pen a biography of Perez. Angelique Malabey, 18, pleaded no contest to hiding drugs for Rivera after his arrest.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.