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Teen gets 9 years in fatal crash

The judge departs from sentencing guidelines that call for a heavier penalty for the triple manslaughter.

photo
[Times photo: Brendan Fitterer]
Raimond Michael Moran, 19, weeps at his sentencing hearing Thursday in New Port Richey.

By CARY DAVIS, Times Staff Writer
© St. Petersburg Times
published June 28, 2002


NEW PORT RICHEY -- For the past year, Raimond Michael Moran wanted to do two things, his mother told a judge Thursday.

The 19-year-old wanted to apologize to the families of the three people who were killed because Moran was inhaling from an aerosol can and crashed his car at a busy U.S. 19 intersection. And he wanted to resolve the triple manslaughter case against him, accept responsibility and take his punishment.

His parents just wanted to protect him. "I was stopping him from doing what heart and his head were telling him to do," said Christine Breivik, Moran's mother. "His parents were trying to fight for him."

On Thursday, Moran finally got his wish at a sentencing hearing that brought out a wide range of emotions from everyone involved, including the judge. Moran cried through the three-hour hearing, and when he addressed the court, he could barely mutter, "I'm sorry, I'm so sorry," through his heaving sobs.

His remorse made an impact on Pasco-Pinellas Circuit Judge William Webb, who went below state sentencing guidelines in ordering Moran to serve nine years in prison.

Moran, who pleaded no contest last week to three counts of manslaughter by culpable negligence, faced between 28 and 45 years in prison under the guidelines. In departing from the guidelines, Webb relied on a state law that allows for leniency if a judge finds the crime was committed in an "unsophisticated" manner and the defendant shows great remorse.

"I'm convinced that you've been a good son," Webb said. "You have many fine qualities. However, and it's a huge however ...

"The magnitude of your crimes is enormous. You used inhalants while you were driving. You killed three people."

In addition to prison, Webb ordered Moran to complete 12 years of drug-offender probation upon his release. As a condition of that probation, Moran must spend 60 hours a year speaking to youth groups about the dangers of drug and alcohol use.

The sentence came as another blow to those who lost loved ones in the August 2000 crash.

The parents of Douglas Allen left the courthouse quickly, telling reporters and prosecutors they were too angry to offer their reaction to the sentence.

Milissia Posey lost her fiance, Feliciano Castillo, in the crash. Her daughter, who was 2 at the time of the crash, has undergone four surgeries for a shattered pelvis and broken leg. Posey suffered a broken arm and now is disabled.

"The way I see it, he got a slap on the wrist," Posey said of Moran's sentence. "My fiance got life. Moran got nine years."

Assistant State Attorney Mike Halkitis, who pushed for at least 28 years in prison, said prosecutors would review the judge's decision before deciding whether to appeal.

Webb's sentence allows Moran to serve his time in a prison for youthful offenders. Moran's attorneys argued that a lengthy stay in an adult prison would leave society with a middle-aged hardened criminal.

While calling the crime "horrendous," assistant public defender Candy VanDercar said Moran was a "child who committed a horrendous blunder."

He had no prior criminal record, not even a driving infraction, VanDercar said. At the time of the crash, Moran had been driving for only seven months.

Judge Webb said of his decision Thursday: "I can't recall a more difficult sentencing in almost six years on the criminal bench."

Moran had a difficult home life in the months leading up to the crash, his parents said. His brother Adam, now 7, is severely disabled and requires round-the-clock care. With two young girls as well, there was no room for Moran in the family's small Port Richey home. His stepfather, Scott Breivik, testified Thursday that Moran was "basically ousted" from the home. Moran went to live with his grandmother a short distance away and harbored resentment against his parents, Scott Breivik said.

The crash occurred Aug. 19, 2000, as Moran, then 17, drove west on Ridge Road with two friends. Prosecutors said the teens were on their way to buy the drug ecstasy.

The teens passed around a can of computer keyboard cleaner, prosecutors said. Moran took two quick hits from the can and passed out as he approached a red light at U.S. 19. His Honda Prelude slammed into Posey's Buick Regal. It wasn't until the next day that Moran, who was hospitalized, learned that Castillo, 34, Allen, 30, and Megan Basinger, 24, had been killed. Basinger was three months' pregnant.

Moran admitted that while he was out on bail in the months after the crash he drank alcohol and smoked marijuana. Moran's mother said her son continued to use illegal drugs and alcohol because he could not cope with overwhelming guilt.

He refused to take medication for his depression or get plastic surgery to erase the scars on his face, Christine Breivik said, because "he needed to get up every morning and be reminded of this."

-- Cary Davis covers courts in west Pasco County. He can be reached in west Pasco at 869-6236, or toll-free at 1-800-333-7505, ext. 6236. His e-mail address is

cbdavis@sptimes.com.

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