Shawn Ledesma was supposed to be sentenced this week for vehicular homicide in the St. Petersburg death of 14-year-old Raquel Carreras back in 2007. The sentencing was continued to September, the same month that Shawn’s mother Lesa Ledesma will face trial on manslaughter charges in Carreras’s death. Manslaughter is a second degree felony in Florida.

Shawn’s charges are not drunk driving-related but are instead the result of his reckless behavior behind the wheel. His mother’s charges are more unique.

Fifteen-year-old Shawn wanted to pick up some friends on a Saturday night in September 2007. He had received his learner’s permit about a month and a half earlier. He asked his mother for the keys to her Saturn.

Despite the fact that she knew that Shawn wasn’t supposed to drive after 10 p.m. or without a licensed 21-year-old in the passenger seat, Lesa still gave him the keys.

Shawn ultimately picked up several friends, including Carreras who was 14 years old, and became involved in a race with a friend’s vehicle. He lost control of the Saturn and crashed. Carreras was ejected and killed.

Shawn pleaded guilty to vehicular homicide and faces a possible 15 year prison sentence.

About six months after the crash, prosecutors took an unusual step and charged Lesa Ledesma with manslaughter for her actions, arguing that she was ultimately responsible for Carreras’s death. It does not appear that any similar case has ever been prosecuted in Pinellas County.

For a manslaughter charge, the prosecutors will have to prove that Carreras was killed as result of Lesa Ledesma’s actions or by her culpable negligence.

In order to prove culpable negligence, prosecutors will have to convince the jury that Ledesma’s negligence rose to such a level that she either knew or reasonably should have known that giving 15-year-old Shawn the car keys would result in death or serious bodily injury, that he would choose to drive recklessly.

If she was reasonable in her belief that Shawn would drive safely, the jury could acquit her. If the jury found that Shawn made unexpected or unusual driving decisions or some other intervening factor caused the crash, then the jury’s instructions will likely lead them to a “not guilty” verdict.

Mother and son will be both be back in court in Pinellas County in September.

Felonies

This entry was posted on Monday, June 8th, 2009 at 7:31 am and is filed under Florida Criminal Law News. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.