A Corona family is reeling after learning that the woman sentenced to nine years for killing their loved one while texting and speeding will walk free next month after serving only two years.
At a Glance
- Noemi Velado was convicted of vehicular manslaughter and felony hit-and-run for killing cyclist Benjamin Montalvo
- She received a nine-year prison sentence in 2020
- The California Department of Corrections notified the family she will be released next month after serving just two years
- Why it matters: The early release under credit programs has left the victim’s family feeling justice was denied
Early Release Stuns Family
The Montalvo family received notice from the California Department of Corrections and Rehabilitation (CDCR) that Velado, 28, will be released next month despite her 2020 conviction and nine-year sentence.
Jurors found Velado guilty of killing Benjamin Montalvo as he rode his bicycle near Centennial High School. Evidence showed she was both speeding and texting when she struck him.
“It takes us right back to the time of trial and feels like a gut punch,” said Kellie Montalvo, Benjamin’s mother, speaking from her son’s bedroom.
Credit System Explained
The CDCR website explains that “incarcerated persons may earn credits for participating in rehabilitative programming, which may move their parole eligible date to an earlier date.” However, it does not specify Velado’s exact release date.
As of Tuesday, Velado remained listed at the Department of Corrections in Corona on the CDCR website.
Family’s Ongoing Pain
Kellie Montalvo expressed disbelief at the system’s failure to deliver the promised sentence.
“I keep thinking it’s a clerical error. And I keep thinking and have hope it’s a mistake, but that thread of hope is becoming thinner and thinner,” she said.
The mother described the ongoing impact of losing her son: “I don’t know if there will ever be such a thing of closure, but there can be moments of peace and memories. We don’t get to make new memories.”
When News Of Los Angeles requested comment about Velado’s early release, the CDCR responded only with a link to her case information on their website.
Legacy of Advocacy
Following Benjamin’s death, the Montalvo family established the “Safe Inland Empire” foundation. The organization advocates for improved traffic safety measures to protect pedestrians and cyclists throughout the region.
Key Takeaways
- A nine-year prison sentence resulted in only two years served
- The California credit system allows early release through rehabilitation programs
- The victim’s family continues advocating for traffic safety through their foundation
- The case highlights the gap between sentenced prison terms and actual time served
