A 38-year-old man was sentenced Friday to six years in prison for a deadly hit-and-run in Laguna Hills.
Andrew Austin Arbuckle was convicted Oct. 17 of a felony count of hit-and-run with permanent and serious injury. He pleaded guilty in June to driving on a suspended or revoked license due to a DUI.
Arbuckle was given credit for 52 days in jail.
Arbuckle ran over 22-year-old Fabio R. Castro of Atascadero while driving a pickup truck at The Hills Hotel at 25205 La Paz Road about 9:15 p.m. July 16, 2020, according to prosecutors.
Arbuckle was dropping off a friend at the hotel after spending the day drinking, according to prosecutors.
Castro was staying at the hotel because the groomer was working a horse show in San Juan Capistrano, prosecutors said.
The defendant’s attorney, Ronald MacGregor, argued for a three-year sentence. The defense attorney said in the past four years his client has “lost five family members. His grandmother passed shortly before this accident occurred. During the pendency of this case the defendant has also lost both his parents” and an uncle.
Arbuckle “recognizes the sentencing range for this loss of a life that appeared so promising,” MacGregor said in court papers. “In the defendant’s defense, however, the defendant was obligated to look to his right to ensure no oncoming traffic was approaching. The victim was walking his bike and not in a crosswalk to the defendant’s left and talking with his girlfriend.”
Arbuckle thought he hit a speed bump, the defense attorney said.
Arbuckle had two prior DUI convictions, but MacGregor said there wasn’t enough evidence to show the defendant was driving while impaired. Part of the evidence in the case included Arbuckle telling a girlfriend after the accident that he was in trouble.
“This incident was a tragedy for all concerned,” MacGregor wrote. “A young man with a future shall never realize his dreams or those that love him still. Since I have seen the victim’s family members on more than 30 occasions, I can honestly say their loss is one not put on or over dramatized — it’s real.
“On the other hand, the defendant too has support, even though the loss of most of his family since this incident occurred. Was this incident truly an accident? The Hills Hotel is situated near the 5 Freeway by about a block. There are several speed bumps on the property and any car entering must negotiate several of them. Some witnesses to this event noted they heard what sounded like chains falling off a truck.”