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Wednesday, July 27, 2005 at 8:40:31 PM  XML icon  
Alleged drunken driver's trial postponed again
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Kate Galbreath
Daily Egyptian

The trial for the man charged with reckless homicide and aggravated driving under the influence of alcohol, which resulted in the death of journalism student Ayesha Judkins, has been postponed until Aug. 31.

Gustavo Garibay Jr. appeared in court Wednesday for his first day of trial, but told the judge he had forgotten his case file and asked for a continuance.

Tom Stanton, spokesman for the Cook County State's Attorney, said he didn't know the exact number of continuances that have been requested in Garibay's trial, but they were numerous.

"[There were] probably quite a few," Stanton said. "It's not terribly unusual. Unfortunately, they can go from one to two years for reckless homicide."

December will mark the two-year anniversary of Judkins' death.

Her mother, Debbie McKenzie, said she was disappointed but not surprised the trial was postponed another month.

"I've been hearing that every month," she said Wednesday. "You know, I had a feeling today. I didn't get my hopes up."

McKenzie said state's attorney Karen Armbrust told her Garibay would likely receive 30 months probation and weekend house arrest as part of a plea agreement.

She said her plans for the next month include looking for another job and continuing to tell her story at Victim's Impact Panels, which are mandatory sessions for DUI offenders.

The panels are sponsored by the Alliance Against Intoxicated Motorists, which among many other functions serves as a victim's advocacy organization.

Twyla Blakely is the Victims Services Coordinator with the alliance and has worked closely with McKenzie throughout the trial.

"She's not only disappointed, we all are," she said. "The whole thing is heartbreaking and I wonder about the justice of it all."

Blakely said probation should be reserved for youth offenders, and described one case in which a 16-year-old killed a 14-year-old in a car crash while high.

Garibay, who was 24 at the time of the crash, should receive a heavier sentence, she said.

She also said none of his prior reckless driving charges could ever be discounted from being DUIs that were pleaded down because there is no way to tell after the fact.

"He does not seem remorseful," Blakely said. "I see no remorse in that man at all."

Stanton said he wants the process to conclude for the family's peace of mind.

"We're hoping this will make significant progress in the near future," he said.

Reporter Kate Galbreath can be reached at kate_galbreath@dailyegyptian.com