The Virginian-Pilot
©
VIRGINIA BEACH
A teenager who was convicted in the death of his teammate at Kempsville High School in a drunken driving crash could return to the school for his senior year.
Juvenile and Domestic Relations Court Judge Deborah L. Rawls ruled Thursday that the community would be better served if she did not send the youth into detention.
She committed the 17-year-old boy to state juvenile authorities, then suspended the sentence.
Rawls also imposed conditions, including that he be on supervised probation, perform 500 hours of community service, and educate others about the dangers of drunken driving.
"Every single weekend, there are kids out there doing the same thing," Rawls said.
The teenager pleaded guilty earlier this year to aggravated involuntary manslaughter and drunken driving in connection with the death of Joseph "Joey" Fonseca. The two played together on Kempsville's varsity baseball team.
Because the youth was prosecuted as a juvenile, The Virginian-Pilot is withholding his name.
The teenager was driving with 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.
Before the crash, the driver purchased cans of an alcoholic energy drink. The beverages, which are becoming more common in underage drinking cases, look similar to nonalcoholic energy drinks.
A clerk at the Woodstock Shell Station at 6084 Indian River Road was prosecuted in July for selling alcoholic beverages to the minor, Commonwealth's Attorney Harvey Bryant said in a phone interview Thursday.
The investigation found that the young driver went into the station's shop on March 6, just before 9:30 p.m., Bryant said. He bought three cans of Four Loco, a flavored malt beverage energy drink, Bryant said.
The clerks didn't ask the youth for identification, Bryant said. The transaction was captured on videotape.
Fonseca and another minor remained outside in the car.
The driver later testified against the clerk during the trial for selling a minor alcohol.
The clerk, Dae "David" Chong, was convicted of the misdemeanor charge and fined $100, Bryant said.
The youth is also scheduled to testify today at a Department of Alcoholic Beverage Control hearing in Chesapeake about buying the drinks.
According to a notice from the state ABC, the hearing is to determine whether the board should take any disciplinary action such as revoking or suspending the company's license to sell alcohol. The business could also face a fine.
During the juvenile's sentencing hearing on Thursday, former coaches and Kempsville's guidance director testified about work the teenager had done in the community and his readiness to return to school.
The police officer, who coordinates the Every 15 Minutes drunken driving program, said the teenager would talk to other students about the dangers of alcoholic energy drinks.
The Fonseca family did not attend the hearing but sent letters to the judge.
The teenager said he wished the Fonsecas had come to the hearing so they would see how sorry he is.
The teenager's attorney, Tim Quick, said he had
received a letter from Kempsville officials that said his client could enroll again in the school for his senior year.
The driver said he doesn't want any other student to go through what he, his family and the Fonsecas have gone through.
"Hopefully, I can get that message to other people," he said.
Jen McCaffery, (757) 222-5119, jen.mccaffery@pilotonline.com
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Seriously?
This judge is not in contact with reality. A slap on the wrist for killing someone is ridiculous. Would the judge do the same for another person who was older with no criminal record? This was a crime that needs to be punished plan and simple. If no jail time then at least some lasting effects like probation, mandatory testing, and no license for starters. Once his service is over then it will not be long before this is all forgotten. He will move on with his life but one other young man will not. If you let this boy off with no real punishment what happens to the next one and the next because you know they will keep happening. Why worry, there is no punishment if you are young.
Re: Seriously?
First, you don't know either of the teens apparently. They were best friends. The fact that it was his fault that Joey died will follow him the rest of his life. Is that not punishment enough? He will carry that guilt forever. Nobody who knew either of them wanted him to go to juvie, because it wouldn't have done him any good. And he did get probation. That is what a suspended sentence is. Don't talk like you know anything more than what the media has told you. The fact that Joey is dead rocked our entire community. I knew him for years. Our families were friends. My brother played baseball with him. It is absolutely terrible that this tragedy occured, but the other boy will do much more good now being able to tell the story and how much it affected him than he would be able to inside of a cell.
Teenage drinking and driving
It doesn't matter where you live, teens are going to buy alcohol, or get someone to buy it for them. It has always happened, in the 90's, 80's, 70's, 60's, etc. Teens are going to drive afterwards. Why not? Adults do it everyday and night. I know the driver of the tragic accident. I know that this teen didn't go out to purposely hurt his friend and teammate. It was a terible accident, and I hope as I did, he has learned a lesson. I feel really bad for both families, and it is something that both will have nightmares over for several years. The tragedy will always be there in all of our minds. Let the kid back in school and move on with his life. He will pay for this forever.
Teenage drinking
IKight227, would you feel the same way if this was your family member's life that was cut short in the prime of their life. Something needs to be done, he should be punished in some way. As an 17 year old, he knew the affects that the drink could have on him, this was NOT his first time going to get this drink or even drinking it, if he felt comfortable enough to go in the store to get it and I feel that he may have been a regular in there and cashier was used to him coming in,that is my opinion. Being a senior in high school, he knows how to read, so he knew that there was some level of alchol in this drink.
Agree with 'watching'
Judge Rawls should be the first one to get the phone call the next time this kid gets drunk and kills someone.
From what I understand
The party was at Joey's house. The driver was taking another boy home because he'd had to much alcohol (the irony there) and Joey jumped into the car. There are many that can have fingers pointed to them, and the driver should not be the one with the greatest punishment. There was no intent or malice. They were friends. I would think that if there was anyone that should suffer a greater sentence it would be the clerk that sold the drinks to the boys. $100 is a joke! I think that the punishment for the driver was fair.
There's justice for suburban
There's justice for suburban Beach kids and there's justice for everyone else.
Joey Fonseca fatal accident
I was at the scene the morning when Joey died. I had to tell his parents the horrible news and drive them to the morgue to identify their dead son. Both sets of parents have been through H--L. The driver will have to carry this burden for life. It is history. It happened. I would hope some decisions in the future will be made for good based on this tragic event.
A Future
Life brings different twists and turns that guide our lives and sometimes we need a little help to locate the path that guides the rest of our lives. This has been a tragic event that has affected two good families and an entire community so this is bigger than trying this young man as an adult and having him serve his community service with the sheriffs department and the other brilliant ideas you have. He has experienced a life changing event that he will have to address publicly on a daily basis, hear the whispers of his classmates, going past the scene of the accident and other things that he will have him recall that tragic evening, that is a lot for 17 year old to bear, could you handle it. My son unlike yours has practice baseball with both of the boys and I know that he is good young man that has something to offer as do the parents of Joey whom did not contest the actions taken so who are you to pass judgement.............Oh I know your perfect.
Thank You
Someone had to say it, and you obviously are close enough to testify.
"Let he who is without sin cast the first stone"
There is a difference between malice, irresponsibility, carelessness, and negligence. The "don't judge me" crowd, and their Progressive defenders try to blur the meanings of the aforementioned. The parents of the deceased have made peace with a tragic lapse of judgment belonging to both children. This sad unfortunate event is not in anyway similar to the malicious killings that some of our neighbors would like to equate this. There is good reason that the Constitution of the US intended for for these things to be decided on a local level, because all tragedies and circumstances are not equal.