Valley mom questions 'killer's' punishment

Posted at 10:58 PM, Feb 22, 2016
and last updated 2016-02-23 01:08:10-05

A Valley mother is breaking hear silence after learning the man responsible for killing her son won't go to jail.

Jose Hernandez and his two friends were killed the day after Christmas when a man drove through a red light at the intersection of 59th Avenue and Indian School Road.

"It's horrible. He destroyed my family overnight," said Christina Chicharello.

While her heart still hurts, it is also filled with anger because she believes Phoenix police have done nothing with her case. She said a conversation she had with detectives didn't help.

"He said, 'I don't know what to tell you. This is just an accident. You will just have to deal with it,'" said Chicharello.

But she's having trouble dealing with it after learning more about the driver. "He's a repeat offender," said Chicharello.

Court records reveal the driver has nine different traffic violations, including speeding and driving with a suspended license.

Detectives told her the driver ran a red light and on the night of the accident his blood alcohol level came back under the legal level, at a .02.

Now she feels he is getting off again by only being charged for running a red light.

"When you push the gas pedal and you go over the speed and you have alcohol in your system, no matter how much, that is intentional. That is not an accident," said Chicharello.

"I want him to pay for what he has done because he has gotten away with way too much," said Chicharello.

Chicharello also said she is having trouble getting a copy of the report. She said personal belongings that were on her son the night he died have gone missing.

ABC15 is still waiting for a response from Phoenix police.