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Woman Pleads Guilty In Crash That Killed Son

POSTED: 2:03 pm PDT June 28, 2007
UPDATED: 4:44 pm PDT June 28, 2007

A woman whose 6-year-old son was killed when her drunken husband crashed their car on Interstate 15 near Escondido pleaded guilty Thursday to a felony child endangerment charge for placing the boy in the vehicle.

Rosa Carachure, 29, admitted to Judge Aaron Katz that she put Brian Mendoza and her two other children in the car with their father, Rodrigo Mendoza, at the Escondido Swap Meet on May 5, even though she knew he was intoxicated.

Two other child endangerment counts were dropped in exchange for the plea.

Witnesses reported that the vehicle was "swerving all over the place" at speeds up to 80 mph in the northbound lanes just past El Norte Parkway, according to Deputy District Attorney Patricia Lavermicocca.

While Carachure and Mendoza argued over Mendoza's ability to drive, Brian's 9-year-old brother told the boy to put on his seat belt just before the vehicle swerved into an embankment and overturned.

The child was thrown from the car and killed.

The surviving children, who are staying with their uncle, were uninjured. Carachure suffered a broken arm.

"The (plea) agreement allows her to move more rapidly to have her kids returned to her," said Carachure's lawyer, Rena Wallenius.

Custody of the children is up to a juvenile court judge.

Lavermicocca said the defendant has been complying with juvenile court orders so far. The judge told her he would consider reducing the charge to a misdemeanor in 18 months if her cooperation continued.

"(Carachure) is paying a heavy price for the sins of her husband," her lawyer said. "She lost a husband, who is going to prison for a very long time. She buried a child, and she had her other children removed."

Rodrigo Mendoza, who had a blood-alcohol level of .21 two hours after the crash, pleaded guilty Wednesday to gross vehicular manslaughter, driving under the influence of alcohol causing injury and child endangerment.

He faces up to six years in state prison when he is sentenced on July 26.

Carachure could receive up to a year in county jail. Her sentencing is scheduled for Aug. 2.

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