STOCKTON - Attorneys in the wrongful death case of Maria Isavel Vasquez Jimenez, a teenage farm worker, have reached a plea deal, sparing her employers from having to serve prison time.
Vasquez Jimenez, a 17-year-old Lodi resident, collapsed in a Farmington vineyard after a nine-hour shift May 14, 2008. She died of heat stroke two days later.
A native of Oaxaca, Mexico, Vasquez Jimenez came to the United States to join her fianc�, Flaurentino Bautista. She left a widowed mother in Mexico.
Her employer, the company safety coordinator and the crew supervisor initially faced involuntary manslaughter charges.
Maria De Los Angeles Colunga, former owner of the defunct Merced Farm Labor, agreed to plea to a misdemeanor for failing to provide shade for outdoor workers. She will be on probation for three years, and she will serve 40 hours in community service.
Deputy District Attorney Lester Fleming said Elias Armenta, her brother who was the company safety coordinator, will plead to a felony count of violating a health or safety regulation resulting in the death of a worker.
That charge carries up to five years probation, 400 hours of community service and a $1,000 fine.
Randy Thomas, defense attorney for the brother and sister, said the court may reduce Armenta's felony to a misdemeanor after his probation is complete. Thomas plans to pursue that.
"This has worked out to be a sound resolution for all those concerned, and I'm very pleased with it," Thomas said. "And we're remorseful about the loss of a life."
Thomas proposed the deal last week, and the District Attorney's Office accepted it after adding some penalties, Fleming said.
"I think this is a reasonable resolution to this case at this time based on a lot of factors," Fleming said.
Thomas said his clients had never met Vasquez Jimenez. He said the crew supervisor, Raul Martinez, the other defendant, was properly trained, but apparently didn't pass on the training to workers.
Martinez is believed to have fled the country. Fleming said Martinez is the one who told crew members not to take Vasquez Jimenez to the hospital.
"He's the one we would have wanted to come down more heavily on," Fleming said. "He's the one that made that decision not to call 911 and get immediate assistance."
De Los Angeles Colunga and Armenta also are in the process of settling a civil lawsuit filed by the county. They also have an upcoming hearing with the state division of the Occupational Safety & Health Administration for more than $200,000 in fines.
As part of the plea deal, the brother and sister cannot be involved in labor contracting. De Los Angeles Colunga, the listed owner of the company, is a registered nurse in Merced County. Armenta, who ran the company, is currently studying landscape design.
The pair is due back in court March 9 with Judge Michael Garrigan for further proceedings and a pre-plea report from the probation department.