Patel Will Serve 18 Months in Prison for Killing Cyclist Near Newark
Rahul Patel
In a Delaware Superior Court sentencing hearing on Friday at the New Castle County Courthouse in Wilmington, a judge directed that motorist Rahul Patel be imprisoned for 18 months without possibility of parole for killing cyclist Eloy Sandoval.
Patel, 21, was driving under the influence of both alcohol and drugs on July 26, 2014 on his way to visit friends. At about 8:30PM he was driving west towards Newark at high speed on Route 273 and was approaching Ruthar Drive when he lost control of his vehicle. His car left the roadway, traveled onto the center median, rotated counter-clockwise and continued into the intersection, where the passenger side of Patel’s car hit cyclist Eloy Sandoval, 44, of Newark.
Sandoval had been waiting in the median for an opportunity to cross Route 273. He sustained multiple traumatic injuries and was pronounced dead at the scene.
Patel was charged with, and pled guilty to, vehicular homicide in the first degree, which is categorized as a “Class C Felony (Violent)”. The crime of first degree vehicular homicide occurs when someone drives a motor vehicle under the influence of alcohol or drugs and their criminally negligent driving causes the death of another person.
Delaware Criminal Code Title 11 § 630A Vehicular homicide in the first degree
(a) A person is guilty of vehicular homicide in the first degree when while in the course of driving or operating a motor vehicle under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s criminally negligent driving or operation of said vehicle causes the death of another person.
Vehicular homicide in the first degree is a class C felony.
(b) The minimum sentence required by this section shall be 2 years, notwithstanding § 4205(b)(5) of this title. The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole, furlough, work release or supervised custody during the first 18 months of such sentence.
At his sentencing hearing on Friday, Patel expressed remorse for killing Sandoval.
Sentencing guidelines in Delaware explicitly embrace a philosophy that
“offenders should be sentenced to the least restrictive and most cost-effective sanction possible given the severity of the offense, the criminal history of the offender and the focus, which is, above all, to protect the public’s safety.”
In Patel’s sentencing on Friday, the judge said that she concluded that Patel had had no intention of killing Sandoval and did not represent a significant threat to the public as a repeat offender after release. In the absence of any additional aggravating factors and consistent with the sentencing philosophy as articulated by Delaware’s sentencing guidelines, she directed that Patel serve the minimum amount (18 months) allowed by statute. With the time he has already served, Patel will remain in prison for another 16 months. The judge also directed that Patel pay a fine of $5,500, which includes $5,000 to the Delaware Victims’ Compensation Assistance Program and $500 to Sandoval’s family.
RELATED:
• Police: Man drove drunk, hit and killed bicyclist (News Journal)
• Delaware State Code Title 11, Chapter 5, Subchapter II (Delaware Criminal Code)
• Delaware Sentencing Accountability Commission 2014 Benchbook
65 Responses
Omg. That’s it?!?
Benjamin McQuiston, what do you think the sentence should have been?
At least a few years. 18 months and probably out early for good behavior. That’s not enough for ending the life of another human.
Only $500 to the family?!
Criminal restitution is always a mere pittance, so that isn’t unusual. The family may well recover in a civil claim/suit. Hopefully Patel had high liability limits.
Douglas Hyde Yeah, but they have to have folks up here, have to find an attorney, pay a retainer, etc. His folks are nowhere near that savvy. This was a wife and 2 children down in MX who relied on their dad to make his way up here and work (probably for min. wage) and send money back home. For all we know, without their dad’s support, now the family may be trying for an illegal border crossing.
I hope they’ll hook up with someone. Our firm has represented many non-citizens on personal injury & wrongful death claims. Attorneys don’t typically charge a retainer for that of work.
This is an appallingly light sentence for such a callous and reckless act. Driving around drunk and high means he didn’t give a shit about anyone’s life; a murderer at least gives enough of a shit about someone’s life to go to the trouble of ending it.
Our system is so screwed up. Only 18 months for killing someone? Unreal
Sorry, this was not enough money and not enough time in prison. He killed someone while driving under the influence. Our system is screwed up.
Lisa Ambagis, what do you think the sentence should have been?
He killed someone by choosing to drink and drive. I think 25 years. And $500 will not even cover the cost of the burial. Such a shame.
Drug dealers get more time.
Lisa,I believe that Her Honor Medinilla gave Ruhal Patel minimum sentencing because she didn’t have to look at any member of Eloy’s family, or any friends or community that misses him. This case went straight to sentencing. She didn’t hear the case played out in Court before either a Jury, or just herself presiding. She didn’t have to look at Eloy’s autopsy photos on the large flat-screen TV in the Courtroom. She probably didn’t see the crash site. She didn’t have to see anyone who loved Eloy crying in heartbreak and anguish. This is where the cycling community could have filled the gaps. Attention should have been given to this case, and all cases which result in the death of a cyclist. More cyclists should have made their voices heard, led by Bike Delaware, who should have a Committee standing by to attend these tragedies. Until we, the vulnerable cyclists, and pedestrians, support each other and pack courtrooms of these cases in our outrage, more of us will die. As I said earlier, Ruhal Patel was a perfect storm, brewing and waiting to happen. Sadly, there are more like him out there, and there will be more fatalities. But that brings me to enforcement, and we’ll be here all night if I start a rant on that… – See more at: http://www.bikede.org/2015/11/23/patel-sentenced/#comment-117284
I am not a judge but if this guy was drunk and shot a child the verdict would have been far different.
Alex Soroka, what do you think the sentence should have been?
I think that’s a tough question because we really don’t know what caused him to crash. What we do know is that the driver was intoxicated (but, was it 2 beers or 12?) and, he was going at a high rate of speed. His recklessness removed someone from our planet forever.
Patel will have to keep this with him for the rest of his life and he will constantly explain this to future employers.
I would take away his license for a decade plus the 18 months, if not 30. Also, that 500$ to the family is like saying “oops, my bad”, we pay more for fender benders.
Alex Soroka, some other commenters on this article have called for sentences of 10+ years. Do you think your suggestion of a long/permanent license suspension would reconcile those commenters to shorter jail time?
Bike Delaware I think we should have a permanent loss of license for killing someone while driving. It’s avoidable, it’s an option to drive- not an inalienable right.
Bike Delaware I think we’re great fans of strict punishment if we are not involved. It will reconcile some but not all. I think all of us know someone who has died or been injured by someone doing something reckless and stupid.
As I sit thinking about this I wonder: Why do we jail people? Did Patel actually learn anything through this ordeal? If he shows real remorse, he should still be locked away and not be able to drive for long after his release. If he shows no remorse, perhaps he doesn’t need to be with the rest of society.
Something else to think about:
What is our re-incarceration rate? I believe it is really high.
Does our prison system reform people?
Alex Soroka I was at the sentencing and I did not sense remorse from Mr Patel. It sounded scripted, like it was being read. Real tears would have made the difference, but there were none, not even close.
As for strict punishment and loss of license, YES, we should be rallying behind that. We have a wonderful bus route system (DART) in De that thousands rely on for daily transportation, and it’s getting better all the time. It will soon be using GPS technology available in an ap so people can accurately target their arrival at the bus stop. For anyone to feel that people *have* to drive is ludicrous. I own a car but commute 16 miles by bicycle round trip to work almost every day, with the bus as another viable option. Sorry, but there is simply no excuse to re-instate bad drivers or those with anger and aggression issues back on our roads.
Agreed on all points but I wouldn’t call DART Wonderful… I mean it’s half the reason I got into bicycling, because I knew it would take 3x longer than biking and save me what was then a half hour’s worth of wages…granted it’s FAR improved from where it was (it was once 3 hours between Wilmington and Newark on a weekday…)
Great points Frank and Joel. I think he got off waaayyyyyyy too easy, way too easy. If that was the verdict for my trial I would haunt him till the end of time. I just don’t think jail helps too much. Fully in favor of a 300K+ fine that must be paid or jailtime, plus no license etc
Joel Schwaber Point take, Joel. I’ll swap “wonderful” out for “adequate” with the potential for above avg if they follow through on some promises (GPS tracking aps, etc). In any case, increased ridership would force change for the better, including more buses which translates into shorter waiting times. This could be easily accomplished by revoking more licenses as a result of better enforcement. And if the bus system still stinks, so what – maybe they’ll learn just how valuable their license is after all.
Frank Warnock Yeah those would go a long way. So would not stopping every block or so. Something between where it is now and BRT.
I think it would be nice to see some rail transit along the line that goes from Newark to Bear, Middletown, Dover, and elsewhere. The tracks are in functional order, all someone has to do is lease the line and get a diesel unit.
Light rail was considered in the original plans for the Rt.1 corridor, back in the ’90s. But with gas at about a $1.35/gal, the idea was laughed at. This is why I laugh at these so-called “planners”, who IMO, couldn’t plan a garage sale if it suited them. If nothing else, oil is a finite resource and even if it takes decades longer, the demand will still appear someday.
Frank Warnock Well, gas out here now is like $1.85… but people still take the train. What I think is necessary is to raise the gas tax to pay for roads instead of burdening taxpayers to make the difference.
That’s just wrong!
Gwen Smith, what do you think the sentence should have been?
The sentencing guidelines are clear, but I think It should be a little stiffer like at least 3-5 years. Accidents happen , but driving impaired is a conscious act
This is beyond wrong! This is all he gets for killing a man while driving drunk? What is this world coming to? The family shoukd be sick.
Katie Kehler Moran-Alvarez, what do you think the sentence should have been?
It would have helped if Bike De rallied the support of its followers, and encouraged them to attend the sentencing. The fact that no one attended (except a few non-Bike De members and advocates) gave the judge a green light to let this guy virtually off the hook. If you support Bike De, ask them to start an alert system that will keep you abreast of the latest bike/ped fatalities and when/where the hearings are. Here is a great article in Bicycling Mag, which demonstrates the importance of bicyclist’s presence in the courtroom: http://www.bicycling.com/culture/advocacy/broken-when-traffic-laws-fail-cyclists
Thank you Frank Warnock You have been a tremedous source of support for Eloy – you, Amy Wilburn and Beverly Suarez-Beard. Together, we four have fought to bring awareness for Eloy Sandoval-Mateoz. I won’t ever forget him, and I know that you three won’t, either.Thank you again for joining me at the sentencing.
I wish more cyclists had been there–but I am glad that we were. I wish his family could have been there also–I shudder to think of how they will survive, when he was undoubtedly the breadwinner, sending home those hard-earned checks to keep his kids fed and clothed. Someone suggested a civil suit, and that would be great–but they won’t have the resources to pursue one. I want to also add for everyone who was not there (I know you know this, Ange) that the sentence was actually 15 years, suspended, with a bunch of other requirements, any of which, if violated, will send this perpetrator back to jail for the duration of that 15 years (unless somehow he gets parole). For the sake of road users in this state, I would have liked to see a longer actual imprisonment (the prosecutor recommended at least 30 months), but I would like to see Eloy’s family compensated even more.
I think that the reason that the 15 year sentence wasn’t mentioned, by myself, Frank Warnock, or Bike Delaware thus far, is because it is inconsequential. I heard those words from Her Honor, but, my heart fell immediately seconds later, when I heard the word “SUSPENDED”. Therefore, in the context of this conversation over whether or not the sentence was fair, that 15 years suspended sentence is inconsequential, and not even worth mentioning. Because non-cyclists and others will hear “15 years….” and nothing beyond that, and they will think that justice was served, when indeed it wasn’t. And I believe that Her Honor only imposed that sentenced, which she immediately suspended, to save face, and to give a false show that justice was served. The fact is, Ruhal Patel faces only 18 months behind bars. I think that is the issue we are addressing here. And in that context, the sentence was grossly unfair.
Beverly Suarez-Beard I think that the reason that the 15 year sentence wasn’t mentioned, by myself, Frank Warnock, or Bike Delaware thus far, is because it is inconsequential. I heard those words from Her Honor, but, my heart fell immediately seconds later, when I heard the word “SUSPENDED”. Therefore, in the context of this conversation over whether or not the sentence was fair, that 15 years suspended sentence is inconsequential, and not even worth mentioning. Because non-cyclists and others will hear “15 years….” and nothing beyond that, and they will think that justice was served, when indeed it wasn’t. And I believe that Her Honor only imposed that sentenced, which she immediately suspended, to save face, and to give a false show that justice was served. The fact is, Ruhal Patel faces only 18 months behind bars. I think that is the issue we are addressing here. And in that context, the sentence was grossly unfair.
Ange Connolly, if violations sent him straight to jail then the 15 years wouldn’t be entirely inconsequential, but I just looked up what happens to offenders when they violate suspended sentences, and that is not the case. Apparently, a violation can result in lengthened probation or a warning, not just jail time. I find that horrifying. I know that the judge was considering the age of the offender and the fact that judgment centers are not fully developed at that age, but kids half his age can be taught that there are consequences to their actions. Not every young person is a fatal crash waiting to happen. And I agree with Alex Soroka’s comment–if someone is drunk and pushes someone else off a balcony or shoots them or punches them and knocks them to the sidewalk, causing a fatal head injury, there would probably be a much harsher penalty.
Beverly Suarez-Beard I think that what would have spoken volumes in this case would have been jail time. Solid, behind bars, jail time. The point is that Patel had already proven himself to be capable of abusing drugs/alcohol to the point of no return. He has prior convictions. All of the rehabilitative avenues that he will have access to while free would have been available to him while incarcerated. Remember when Patel’s lawyer was saying how hard Patel was adjusting to prison life? Well, too bad. And how the Judge didn’t feel that a “lengthy inarceration” would benefit him? That one life (Eloy’s) was already ruined? I still feel that the 15 year suspended sentence is a joke, and not even worthy of considering.And the bottom line is that Eloy Sandoval’s family were not present, and so Her Honor didn’t feel obligated to render them justice.
The outrage now needs to turn into action. Remember, we (the citizens and cyclists) elect the DAs who prosecute, the judges who rule and sentence, and the lawmakers who can change the laws. Really consider whom you’re voting for come next election, and let’s get these laws changed so the punishment fits the crime.
Dana Renheop, what do you think the sentence should have been?
Life imprisonment with eligibility for parole in 10 years. Then community service for 10 years working with victims’ families. One action can change your life. This lapse in judgment should change his as much as he changed that family’s!
Dana we do not elect judges in Delaware thank goodness. Just look at Pa. if you think we should. We elect only the attorney general not the prosecutors. We do elect the legislators do focus your energy there.
This was no accident and the sentence is ridiculously weak. This man chose to drive drunk and high and in so doing took another man’s life. He should serve a minimum of 10 years.
It would have helped if Bike De rallied the support of its followers, and encouraged them to attend the sentencing. The fact that no one attended (except a few non-Bike De members and advocates) gave the judge a green light to let this guy virtually off the hook. If you support Bike De, ask them to start an alert system that will keep you abreast of the latest bike/ped fatalities and when/where the hearings are. Here is a great article in Bicycling Mag, which demonstrates the importance of bicyclist’s presence in the courtroom: http://www.bicycling.com/culture/advocacy/broken-when-traffic-laws-fail-cyclists
Besides the absurdity of sentencing guidelines only stipulating 18 – 30 months for vehicular homicide, which is a result of the “accident” perception, I find it odd that Patel received the low side of that despite being under the influence of alcohol and drugs. I would think this ruling could get a lot of attention right now with the recent focus on pedestrian fatalities in Delaware.
Vehicular homicide: the perfect crime:
http://freakonomics.com/2014/05/01/the-perfect-crime-a-new-freakonomics-radio-podcast/
Nick Pyle, what do you think the sentence should have been?
I understand the source of the motivation to bias vehicular homicide cases as accidents and subsequently punish them as such. Did Patel mean to kill someone? No. I feel that under the current guidelines 18 months, the minimum, should represent the most innocent of possible scenarios. Since Patel was under the influence, I believe Patel should have been punished much closer to the maximum.
Ideally though the punishment for this type of crime needs to change. As another commenter mentioned, the suspension of the driver’s license needs to be more common. The right to operate a deadly vehicle is not an inalienable right. Further there needs to be more punishment for other and more common types of driver neglect. If punishments don’t alter behavior, what’s the purpose of them? Is Patel’s sentence going to have any other drivers second guessing their speeding? Three days ago while on my bike, I was inches away from being merged upon by a car. The driver was looking straight down at their phone. I’m certain the worst case scenario that driver was imagining was a small chance of receiving a menial fine.
Nick,I believe that Her Honor Medinilla gave Ruhal Patel minimum sentencing because she didn’t have to look at any member of Eloy’s family, or any friends or community that misses him. This case went straight to sentencing. She didn’t hear the case played out in Court before either a Jury, or just herself presiding. She didn’t have to look at Eloy’s autopsy photos on the large flat-screen TV in the Courtroom. She probably didn’t see the crash site. She didn’t have to see anyone who loved Eloy crying in heartbreak and anguish. This is where the cycling community could have filled the gaps. Attention should have been given to this case, and all cases which result in the death of a cyclist. More cyclists should have made their voices heard, led by Bike Delaware, who should have a Committee standing by to attend these tragedies. Until we, the vulnerable cyclists, and pedestrians, support each other and pack courtrooms of these cases in our outrage, more of us will die. As I said earlier, Ruhal Patel was a perfect storm, brewing and waiting to happen. Sadly, there are more like him out there, and there will be more fatalities. But that brings me to enforcement, and we’ll be here all night if I start a rant on that…
He should never drive again. He should never drink again. He should devote his life to the victim’s family until they feel compensated.
Not sure what the sentence for vehicler manslaughter is but in my opinion should be at least 25 years
If getting drunk and high and killing a person only warrants the minimum sentence, I wonder what one would have to do to deserve the maximum.
15 years. Play stupid games, win stupid prizes. Dumb enough to get behind the wheel under the influence? Throw the book at him! There should be consequence for that much stupidity.
In 2011, a woman in Kentucky hit and killed a little boy on his bicycle while driving drunk. She received a 35 year sentence and isn’t eligible for parole until she serves 20 years. Delaware needs to crack down on drinking & driving that involves a fatality.
Even Kentucky, one of the most unbike-friendly states in the country has us beat – by a long shot. Pathetic.
This was NOT appropriate judgement. Justice for Eloy Sandoval was NOT served. I was in the Courtroom for the sentencing. I felt that Her Honor Judge Medinilla showed too much sympathy to Mr. Patel. Emphasis was put on the fact that he had family support, had been a honor student, etc. Prosecutor Sean Lugg made an excellent case for My. Sandoval, even taking exception to the word “accident” being used, favoring the word “crash” instead. Mr Patel was an angry young man, had prior speeding violations and was a perfect storm waiting to happen. No one was in Court for Eloy, except a handful of Advocates. I wanted very badly to speak for Eloy, but could not as there is a family only policy. I did however submit an impact statement for Eloy. I have been foillowing this case since it happened, from visiting the crash site the morning after it happened. From the moment I heard of it, Eloy’s death has haunted me, and I have felt a connection to theis man, who I am sure I saw in my cycling travels. No one was there from Eloy’s family, understandably as they are all in Mexico. BUT, had we, the cycling community, been a better and stronger presence for Eloy, maybe Her Honor would have felt more accountable. That Courtroom, had it been packed, would have sent a message that Eloy’s life mattered. I put a post up on your page about the sentencing, and your Admin didn’t even have the decency to “like” my post. Your post about the sentencing, is only the second one that you’ve posted about him. I am glad to see all the posts and awareness happening now, however, perhaps had you all acted sooner, the outcome might have been different. I feel so sad for Eloy, and will think of him every time I pass the bare, empty median where he was so violently killed.
lock him up for 10 years minimum. no parrole until the 10 years are passed, killing is killing weather it is in a car or using a gun!!!
This was NOT appropriate judgement. Justice for Eloy Sandoval was NOT served. I was in the Courtroom for the sentencing. I felt that Her Honor Judge Medinilla showed too much sympathy to Mr. Patel. Emphasis was put on the fact that he had family support, had been a honor student, etc. Prosecutor Sean Lugg made an excellent case for My. Sandoval, even taking exception to the word “accident” being used, favoring the word “crash” instead. Mr Patel was an angry young man, had prior speeding violations and was a perfect storm waiting to happen. No one was in Court for Eloy, except a handful of Advocates. I wanted very badly to speak for Eloy, but could not as there is a family only policy. I did however submit an impact statement for Eloy. I have been foillowing this case since it happened, from visiting the crash site the morning after it happened. From the moment I heard of it, Eloy’s death has haunted me, and I have felt a connection to theis man, who I am sure I saw in my cycling travels. No one was there from Eloy’s family, understandably as they are all in Mexico. BUT, had we, the cycling community, been a better and stronger presence for Eloy, maybe Her Honor would have felt more accountable. That Courtroom, had it been packed, would have sent a message that Eloy’s life mattered. I put a post up on your Facebook page about the sentencing, and your Admin didn’t even have the decency to “like” my post. Your post about the sentencing, is only the second one that you’ve posted about him. I am glad to see all the posts and awareness happening now, however, perhaps had you all acted sooner, the outcome might have been different. I feel so sad for Eloy, and will think of him every time I pass the bare, empty median where he was so violently killed.
For the sake of cyclists and other road users in this state, I would have liked to see a longer actual imprisonment (the prosecutor recommended at least 30 months), in order to send a clear message that this behavior is intolerable. However, I would like to point out that the sentence was in fact 15 years, suspended, with a lot of other requirements that will send this perpetrator back to jail if he violates any of them. The people suffering the most are Eloy’s family, who didn’t have the resources to appear–victim compensation in this case, I believe should have been primary.
Too short of a sentence for killing someone while intoxicated.
Randy Ferrell, Matt Neugebauer
I’m late to this discussion. But it’s obvious that everyone thinks the sentence was too short. I was there and I agree. The prosectuor was great, but outside of him, there was a lot of sympathy directed towards Mr. Patel for the wrong reasons, such as his “intelligence” and his privileged life of college and (enabling) family. Sure he’s young, but seriously, he’s lived a quarter of his life already and has apparently learned little in all of those years. In addition, it’s extremely questionable that he demonstrated remorse for anything other than the loss of “his brilliant career” (his words). He did apologize, but his apology sounded scripted, and I found the inclusion of this self-pity about his future to be odd, especially since that’s the reason he says he lies awake at night. Not that he took a man’s life. Not that he took the life of a father and husband. Not that he took a family’s means of support, and may have left them destitute. Not that he has been a menace to society on numerous occasions. In any case, please turn your energy into action. Instead of preaching to the choir, write to the WNJ. Write an impact statement for the Pardo sentencing. Attend the Pardo sentencing. It’s not too late for that, not too late to send a strong message. People in other states, including California, have packed courtrooms. Lo and behold, when sentences were previously mere fines, if that, errant motorists began to receive sentences as high as 6 years. Also, we should push for more revoked licenses and community service. Why even return the license for the duration of the 15 year suspended sentence. Let him reapply once he’s off of probation. Or at least only allow him a limited license after 5 years for the duration of the 15 year sentence. Why do we treat licenses as more valuable than freedom itself? That’s a question we should ask ourselves.
WTF.. !!
Driving while intoxicated and on drugs !!! WTF was the judge thinking !!! OMG ..