Hit and Run Driver Given Four Years

Judge Susan Quinn Cobb sentenced hit-and-run driver Walter Oliva of Danbury to four years in prison Thursday for the death of four-year-old Eric Zhunio, who was struck and killed by Oliva’s truck on July 29, 2010 on Stevens Street.

The accident occurred at about 6 p.m., after Carlos Zhunio walked his son over to the neighborhood ice cream truck with other children. After striking the boy, Oliva drove away and didn’t admit to the accident until after lengthy questioning by the police.

“That day we were talking about going to the beach,” Carlos Zhunio recalled during his tearful plea to Judge Cobb. Zhunio and his attorney Rute Mendes, of Ventura Ribeiro & Smith were asking that Oliva be sentenced to the maximum time in prison under the plea agreement reached in December 2010. “I saw the truck and I tried to raise my hand, but it was useless. There wasn’t any time, because he already ran over my son.”

Carlos Zhunio then said, “I feel a part of my life and a part of my heart has left me forever.”

The December plea agreement called for a sentence of 10 years, suspended after one to four years followed by three years of probation. The court discussion involved whether it would be one to four years. The prosecutor, assistant State’s Attorney Deborah Mabbett, asked for four years, the maximum allowed under the deal.  

Oliva said to the court, “I am very sorry, very sorry.”

Oliva’s Attorney James Diamond said he could offer no excuse for Oliva’s driving away from the accident, but he argued for one year in jail based on the facts that Oliva had no previous arrests, he wasn’t speeding, he is a father himself, he feels remorse, his friends and family have written letters of support, some from people who worked with him for 30 years, and except for this one incident, he is hard working, dependable and reliable.

“He was overwhelmed with fear,” Diamond said. “There is no doubt that his leaving the scene was unconscionable.”

Diamond said the police investigation said the accident occurred at between 18 and 22 miles per hour.

“I can’t gloss over those facts, your honor. They are critical,” Diamond said. “This is every parent’s nightmare. It’s every driver’s nightmare.”

Diamond asked for less than four years.

Judge Cobb said she could not help either family by anything she said. She said she can’t bring Eric back.

Cobb said by driving away, Oliva denied everyone the ability to know how the accident really happened.

Was he speeding. Was he reckless? Was he driving under the influence? Cobb asked those questions, and said because Oliva didn’t stop, she said no one will really know.

Cobb said the defendant claimed he was afraid, so he drove away, but Cobb said she doubted that explanation.

Why not drive to the police station immediately, if that was the case? Why not go home and phone the police, if that was the case.

It showed extreme insensitivity and callousness, Cobb said.

She sentenced Oliva to 10 years in prison for evading responsibility in an accident that involved serious injury, suspended after four years. She sentenced him to 10 years for misconduct with a automobile, suspended after two years, with the sentences running at the same time. He has three years of probation and he has a set of rules he must live by upon his release. He must donate money each year to the victims relief fund, he must avoid bars and alcohol, he must drive with a legal license in a registered car.

No sentence will bring Eric back, Cobb said.