A 19-year-old woman has been punished after she plead guilty to striking a pedestrian while driving home late on a weekend evening.
Nikolette Gallo received one year in jail and five years on probation. She was charged with a felony hit-and-run and a misdemeanor alcohol-related crime.
She was 18 when she hit 23-year-old Sho Funai with her car before sunrise on March 11. Police later found Funai's body on the side of the road. Gallo turned herself in to police the following day, saying she thought she hit a couch lying on the side of the road.
The judge said it was established that Gallo consumed alcohol and marijuana before the crash, which he took into consideration before the sentencing hearing.
More than 100 of Funai’s friends and family members arrived from Los Angeles to hear Gallo’s sentencing. Since many people asked to speak during the sentencing, the hearing lasted Thursday and Friday afternoon.
Dozens openly wept in gallery when family spoke.
A picture of Funai was placed on the podium as his father spoke.
"I don't understand why the victim has not apologized. She should carry the weight of this…like us,” Funai’s father said while sobbing.
Funai’s father found out about his death on the day of his 59th birthday, and said “will never celebrate” his birthday again.
"Probation can be wiped cleaned off her record,” Funai’s sister-in-law said. “I urge you to sentence the defendant to the maximum… Jail time is the only way my family can carry on with our lives without torment."
The probation department asked for the maximum sentence of three years in prison.
"He walked that night to avoid drinking and driving, Sho was struck from behind and left to die,” said Funai’s brother.
“My son is not roadkill,” said his mother.
Gallo’s attorney Paul Pfingst said that the victim should not have been walking alone, in the dark in the middle of the road. Her parents stared blankly at their daughter with no visible emotion on their faces during the sentencing.
Before receiving her punishment, Gallo cried at the podium, saying she is “in pain every day” and is “truly sorry” for what happened.
Keep up to date on breaking news: Download our improved iPhone app, follow us on Twitter @nbcsandiego, fan us on Facebook, sign up for our breaking news e-mail alerts or text SDBREAKING to 622339 to receive text messages for local breaking news. (For more info, text HELP. To end, text STOP. Message and data rates may apply.)
