A driver who pleaded no contest to charges that he fatally struck a pedestrian in a DUI hit-and-run in San Carlos last year was sentenced Wednesday to a year in county jail, but he could be out of custody in six weeks, according to San Mateo County District Attorney Steve Wagstaffe.
Randall Scott Rubingh, 51, of San Carlos, drifted out of his lane and into the adjacent bicycle lane as he was traveling westbound near the 2100 block of San Carlos Avenue, where 53-year-old Christopher Ricci and his wife were walking around 10:30 p.m. on April 23, 2016.
Ricci was killed, although his wife was unharmed. Rubingh was apprehended roughly 30 minutes later at a Safeway in Belmont, where prosecutors say he had gone to buy more alcohol.
Rubingh told investigators he’d consumed four drinks at a restaurant prior to the crash, and he performed poorly on field sobriety tests.
A blood sample obtained hours later indicated he had a 0.13 percent blood-alcohol level, but Wagstaffe said that at the time of the crash it was probably closer to 0.23 percent.
Rubingh has been in custody ever since on $275,000 bail. This May, he pleaded no contest to felony vehicular manslaughter while under the influence of alcohol and felony hit-and-run involving injury.
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During Wednesday morning’s sentencing, five members of the victim’s family addressed the court and advocated for a state prison sentence. According to Wagstaffe, one relative said Ricci was not a vindictive person and would not have wanted Rubingh to be unduly punished. Rubingh reportedly cried in court and apologized to the victim’s family and his own for his actions.
Judge Donald Ayoob sentenced him to one year in county jail, which can also be served in an alcohol addiction treatment facility if he is approved for one after he serves six months in county jail, and five years of supervised probation with 800 hours of public service after his release.
If he’s already applied to a program, and it agrees to accept his application, Rubingh could be out of jail next week, according to Wagstaffe.
Wagstaffe said Rubingh’s case is another example of the horrible tragedies that can occur when people drive drunk, and that taking a life warrants a more serious sentence than probation.
“I just think that there needs to be consequences for serious action,” he said.
Rubingh’s attorney Josh Bentley did not immediately respond to a request for comment.
Note to readers:This story has been changed to correct information. It was previously reported that Rubingh could be released from jail as early as one week and that he swerved across oncoming traffic and into the opposite bicycle lane when he struck Ricci. The district attorney has since confirmed that Rubingh will be required to serve six months in county jail before his sentence can be modified, and that both he and Ricci were traveling westbound along San Carlos Avenue when Ricci was struck.
What was the max. sentence possible? What was probation department recommendation? Why was bail so high if he was sentenced to only 1 year in jail? The "Fixer" does it again.
D.A. Wagstaffe says, "...Rubingh’s case is another example of the horrible tragedies that can occur when people drive drunk, and that taking a life warrants a more serious sentence than probation." A serious sentence? Seriously? 1 year in county jail? This is just so sickening. The criminal kills an innocent person taking a walk while driving drunk and this penalty is considered "serious?" Who is Wagstaffe trying to kid?
Whoever wrote this must not have been at the hearing - I was. First, Rubingh did not get just 1 year - he got 1 additional year behind bars beyond the 1.5 years he's already served. Plus, he also got 4 additional years probation. Also, the judge made abundantly clear that Rubingh must serve the entire year in jail, with no possibility of getting out early, and once on probation no possibility of that being shortened. The reference to entering an alcohol treatment program was IN ADDITION to having to do everything else that will be required of Rubingh on probation. The judge also ordered Rubingh to pay restitution to the victim's family in an amount to be determined. I find it very hard to believe that the DA told the reporter that Rubingh could be out in a week, as it's not possible the DA heard or gathered any such thing.
Additional comment: Another inaccuracy is stating that Rubingh veered across lanes and hit the victim on the other side of the street. That is based on a misreading of the police report (which I have read). The report makes clear elsewhere that Rubingh's vehicle approached the victim from behind, with them both travelling the same direction. In other words, both were on the same side of the street.
Dec. 16, 2018 Randall Rubingh repeated his erratic, dangerous driving. Similar to his prior accident, he abruptly veered across 2 lanes of incoming traffic on Mathilda Ave. in Sunnyvale. He came to a stop in my lane. There was no way my car could avoid hitting his car, even though I immediately braked. Randall is supposed to be on probation? Can probation include not driving? This man is a danger on the roads.
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(7) comments
What was the max. sentence possible?
What was probation department recommendation?
Why was bail so high if he was sentenced to only 1 year in jail?
The "Fixer" does it again.
D.A. Wagstaffe says, "...Rubingh’s case is another example of the horrible tragedies that can occur when people drive drunk, and that taking a life warrants a more serious sentence than probation."
A serious sentence? Seriously? 1 year in county jail? This is just so sickening. The criminal kills an innocent person taking a walk while driving drunk and this penalty is considered "serious?" Who is Wagstaffe trying to kid?
Whoever wrote this must not have been at the hearing - I was. First, Rubingh did not get just 1 year - he got 1 additional year behind bars beyond the 1.5 years he's already served. Plus, he also got 4 additional years probation. Also, the judge made abundantly clear that Rubingh must serve the entire year in jail, with no possibility of getting out early, and once on probation no possibility of that being shortened. The reference to entering an alcohol treatment program was IN ADDITION to having to do everything else that will be required of Rubingh on probation. The judge also ordered Rubingh to pay restitution to the victim's family in an amount to be determined. I find it very hard to believe that the DA told the reporter that Rubingh could be out in a week, as it's not possible the DA heard or gathered any such thing.
Additional comment: Another inaccuracy is stating that Rubingh veered across lanes and hit the victim on the other side of the street. That is based on a misreading of the police report (which I have read). The report makes clear elsewhere that Rubingh's vehicle approached the victim from behind, with them both travelling the same direction. In other words, both were on the same side of the street.
Great job, Ray5737!
Hi Ray,
Thanks for your comments. We made some changes to the story.
Dec. 16, 2018 Randall Rubingh repeated his erratic, dangerous driving. Similar to his prior accident, he abruptly veered across 2 lanes of incoming traffic on Mathilda Ave. in Sunnyvale. He came to a stop in my lane. There was no way my car could avoid hitting his car, even though I immediately braked. Randall is supposed to be on probation? Can probation include not driving? This man is a danger on the roads.
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Keep the discussion civilized. Absolutely NO personal attacks or insults directed toward writers, nor others who make comments.
Keep it clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
Don't threaten. Threats of harming another person will not be tolerated.
Be truthful. Don't knowingly lie about anyone or anything.
Be proactive. Use the 'Report' link on each comment to let us know of abusive posts.
PLEASE TURN OFF YOUR CAPS LOCK.
Anyone violating these rules will be issued a warning. After the warning, comment privileges can be revoked.