The Virginian-Pilot
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VIRGINIA BEACH
A 16-year-old pleaded guilty Monday to aggravated involuntary manslaughter and drunken driving in the death of his teammate.
The juvenile was driving with his Kempsville High School varsity baseball teammate, Joseph "Joey" Fonseca, on March 7 near the intersection of Avalon and Normandy avenues when the vehicle swerved off the road and hit a tree.
Fonseca, 16, died at the scene.
Police have said the case involved an alcoholic energy drink. The beverages, which are becoming more common in underage drinking cases, look similar to nonalcoholic energy drinks.
Police have viewed video of the teens buying alcohol before the crash.
The juvenile's attorney, Tim Quick, said prosecutors dropped a request for the case to be transferred to Circuit Court where he would have been tried as an adult because his client agreed to plead guilty to the charges in juvenile court.
Monday's hearing was closed. The Virginian-Pilot does not typically name juveniles in criminal cases.
Commonwealth's Attorney Harvey Bryant said Fonseca's parents had expressed that they did not want to see the juvenile tried as an adult.
"I think we wrapped this thing up to everyone's advantage," Bryant said.
A message left at a number identified as the Fonsecas was not returned Monday.
Quick said his client was released from electronic home monitoring after Monday's hearing, but still has an alcohol detection device.
The maximum sentence the teenager faces is a commitment to the Department of Juvenile Justice, Quick said.
Sentencing is set for July 1.
Jen McCaffery, (757) 222-5119, jen.mccaffery@pilotonline.com
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To raise the legal age of
To raise the legal age of driving in response to this tragedy is absurd. There are PLENTY of good responsibile teen drivers out there who don't drink & drive. There are plenty of 30 yr and up drivers who think they aren't too drunk to drive. Yep, you heard me, not that drunk. If you drink you shouldn't drive. PERIOD. You never know how it will affect you.
Taking priveledges away is exactly the problem here. Zero accountability is another one. Adults and kids alike. Adults need to lead by example, they don't. We are supposed to be mature and we make bad choices all the time. Stop attacking these kids parents. No matter how well you are raised, the child is the one who makes the the choice to follow or lead. We all have made truly bad choices, we were just lucky enough to live through them and learn
I think alot of you are confused
I think a lot of you are confused about what is a punishment and what is consequence. Allow me to explain. When you say "Well, he has suffered enough, he shouldn't go to juvie, he has to live with the fact that he killed his friend", those aren't punishments. Those were the direct consequences of the choices he knowingly made that night. In fact, when you say those types of things, you are directly advocating that he not be punished for manslaughter and DUI that he has admitted to, whether you know you are or not. Now punishment, that would be any community service, time in lock up, probation, or whatever that he is sentenced to. I don't know about you, but when you admit to the crime of DUI (where people would normally scream bloody murder about) and killing another human being (the worst crime on the books), I think there should be some smidgen of punishment to go along with that. Call me a stickler for the rules I guess, but these actions cannot go unpunished. Also, please remember there plainly is a difference between simple consequence and punishment. Of course, all of this is in my humble opinion, I seem to not be as permissive as most people.
Wordsmithing...
Punishment is defined as “a penalty inflicted for an offense, fault, etc.” and a synonym for penalty is consequence.
So, depending on the context on the remark they can be the same thing... at the very least a punishment, sentence, penalty, result, outcome or effect is certainly a consequence of a given action.
Hmm, ponder it some more please
Please extend your thinking a little more and ponder the differences between an official, judicial punishment and unintended consequence. Sometimes you have to add context into what ol' Mirriam and Webster define.
Hmm, ponder it some more please
Please extend your thinking a little more and ponder the differences between an official, judicial punishment and unintended consequence. Sometimes you have to add context into what ol' Mirriam and Webster define.
Lessons: parents go get your teens to read this please.
Two friends were horsing around, cutting it up, doing what they both knew they shouldn't, and an accident happened in the hieght of their bliss. I'm sure neither boy intended to wreck, much less one resulting in a death. Drinking and driving with friends is like playing Russian Roulette together, sooner or later the bullet filled chamber is found and one friend is left gaping at a dead friend and at the smoking gun in their own hand. Don't drink and drive. Don't get into a car with someone who has been drinking. Don't let the lesson be learned like Joey and his friend had to learn it. Be smart during this prom season. Stay Alive. This boy is admitting his part in the tragedy of that night and will be dealt with according to law but it goes beyond that. He is subjected to the harsh public reaction. He will carry a guilt heavier then most know. If he has teens of his own, the fear of what they are doing while on their own will be even greater. He knows the dark flip side; the role of the person who lives. Please stay safe ... and unhaunted.
truth hurts
race can't be left out because we continue to live in fundamentally 2 Americas 1 where money, color and privilege take precedent over being poor, a minority. We see it all the time. the breast cancer fraud in Virginia Beach they put that minor's face all over the page it did not matter that her mom st arted that lie she gave people hope and the will to fight the disease this boy toook a life. look at the celebrity kids they are awful children but money keeps them from the punishment they deserve. until law enforcement and those in authority put aside their personal opinions color will be a difference in how zealous they investigate and prosecute crimes. Gangs, as long as they are terrorising low-income neighborhoods the process is slow, let them try to venture into a upscale area and they will be taken down immediately. that includes the media as well on how they cover crimes. the murder-suicied on Peace Harbor my friend is a neighbor and there was not mention in the media how often that man held a gun on his wife or beat her up the neighbors knew it and was supposed to call the police.
WOW!
Some of the comments on here are so cold. My thoughts and prayers go out to both families, I cannot imagine what they are going through. A huge part of the issue is that 16 year olds really do not belong behind the wheel of a car. They are not mature enough and are entirely to reckless and only think in the moment. A car is a dangerous piece of machinery. Teenagers are going to make mistakes, in this case a deadly one. No, they should not have been drinking and then driving. But for the grace of God this could be any of our children. I do agree that the young man should be punished, however, not as an adult. Who would that really serve? Exactly no one. Even the parents who lost their son did not want to see him tried as an adult. I say we need to raise the age for driving, period. Also I am assuming whomever sold them the alcohol is bearing some responsibility?
Oh it won't happen to me...
But it did happen to him and he killed someone doing it. What will it take to make youth see that this is no game. Lock him behind bars. Take away his freedom. Maybe release him on good behavior provided he shows it. But he has to be punished.
Beach Teen Charged in DUI
I have read the comments posted on this incident with great interest. First as a law enforcement officer for 30 plus years; second as a father who has experienced our legal system at work first hand both personally and during my years of experience and now in the business of conducting private investigations. First my thoughts go out to both families as there is never just one victim. As for the youth driving he is responsible yes, as is anyone else who got into that vehicle knowing they were drinking. Both bare some responsibility. The youth that was charged just happened to be the driver and was the lucky one who survived. As in most cases the one who survived will be charged. I am glad for the youth at fault that he did not get charged as an adult. It would have been ugly for him and would have served no justice to him or the family of the deceased. It would have ruined another persons life as the system would have made him into a real criminal. Incarceration serves no one any good nor will it rehabilitate anyone in most cases. There are exceptions. Persons arrested for vilolant crimes do need to be kept from society. This youth needs to be counseled and made to talk about the i