"If it was in my power to give my life for the child's life I would."
JERSEY CITY -- Despite asking for forgiveness, a Newark man was sentenced to 11 years in prison today for a West New York hit-and-run that claimed the life of a 7-year-old girl and seriously injured her mother in February 2016.
"I put myself in their place and if it would have happened to my child, I would have thought the same as what they are thinking of me perhaps," Fabian Rodriguez, 33, said in court today to the parents of Shaila Pichardo.
The 7-year-old died of head trauma after being struck by Rodriguez's SUV in the crosswalk at Van Buren Place and 61st Street on Feb. 19, 2016.
"If it was in my power to give my life for the child's life I would," said Rodriguez, who tearfully asked for forgiveness of the girl's family before being sentenced by Hudson County Superior Court Judge Mark Nelson in Jersey City.
His sister, Ana Rodriguez, described her brother as an excellent worker and person who helped her family because her husband is disabled and money was tight. She said she came to the United States from Ecuador first and he came later. "It's just us two," she told the judge.
"He got married, he got a family, but he never forgot about me and my daughters," the sister said. "The only thing I ask the family, your honor -- a little forgiveness. Is it too much for a little forgiveness."
The girl's father, Javier Pichardo, and mother, Yeime Coria Vital, held up a large picture of their daughter and cried when the father addressed the court. Pichardo said he wasn't thinking about forgiveness. He said he and his wife are destroyed.
"I'm just asking for justice in the name of my daughter," Pichardo said. "My mother passed away two months after my daughter... Honestly, I'm not well. I understand what you people are saying but I did not come her to look them in the face or talk to them. Sir, all I want is justice -- from the bottom of my heart."
Defense attorney Brooke Burnett made a long and impassioned plea for lenience for Rodriguez noting at the age of 34, he had never been arrested before.
The attorney said he worked at the same company for 14 years where he worked his way up the ladder and made a good salary to support his wife and two young children. He left for work that morning heading to Brooklyn to pick up material when he ran into traffic and took a detour that brought him to the intersection in West New York.
Barnett noted that her client was not charged regarding the crash, but only regarding his actions afterward. She said video captured the crash and shows the girl being run over. The mother is heard screaming "You killed my daughter" in Spanish.
Hudson County Assistant Prosecutor Leo Hernandez urged Nelson to abide by the plea deal and sentence Rodriguez to 11 years. Before meting out the sentence, Nelson said what the defendant did was no momentary lapse but a course of conduct lasting 24 hours.
"It was cold and calculated because he cooked up a scheme with (his wife) to cover up the crime," Nelson said. Rodriguez's wife reported the SUV stolen within 20 minutes of the collision and the pair had it washed and had stickers removed from it.
The judge said that when police showed up at the couple's home 24 hours later, Rodriguez stuck by his story that the SUV was stolen. Nelson said Rodriguez lied until police told him, "We have you on the video getting out of the car." The judge said it was only then that Rodriguez came clean.
Nelson sentenced Rodriguez to seven years in prison for leaving the scene of a fatal accident, four years in prison for endangering an injured victim, regarding the girl's mother, and four years in prison for hindering apprehension. The first two counts will be served consecutively and the last concurrently.
Rodriguez's wife, Joanna Rosas-Alvarez, 26, was not in the SUV at the time of the collision but was charged with tampering with evidence and obstruction. She was allowed to enter the Pretrial Intervention Program today and if she completes a period of supervised release, the charges will not remain on her record.