A drunk driver who caused her passenger’s death by drowning after crashing her parents’ BMW off Sea World Drive was sentenced on Jan. 5 to 15 years to life in state prison for second-degree murder.
Additionally, because Jennifer Rae Xavier, now 24, was also convicted of hit and run in the death of her friend Sidnie Waller (above), 21, the judge added four years consecutively to her prison term to equal 19 years to life.
The parents and brother of Waller, who lived in Point Loma, traveled to San Diego to speak and told Xavier and San Diego Superior Court Judge Peter Deddeh how the death of their daughter and sister respectively affected them.
Xavier turned around and faced them in court, unlike in the May trial, and later spoke to them.
The victim’s brother, Jacob Waller, spoke first, saying “You took my sister away.”
“How could you leave Sidnie to die? How could you leave Sidnie underwater?” asked Waller. “You are selfish. When will you learn? You have no remorse. You have not changed and you never will.”
Jacob Waller spoke about how Sidnie texted him messages while in her car, saying that Xavier had been drinking and was driving recklessly. Those messages were shown to the jury, and Jacob texted her to get out of the car before she was killed.
He said unfortunately his sister stopped sending text messages and he did not know where she was, but he knew something happened to her.
The California Highway Patrol later found the BMW overturned and partly submerged in Tecolote Creek on March 4, 2021. Xavier managed to get out of the car and climbed up a ravine and a motorist called the police. She was intoxicated and officers drove her home, but she did not say she had been in an accident.
Sidnie’s mother, Danijela Mosunic, told Deddeh “Writing this (victim’s impact) statement is the hardest thing I’ve ever had to do.”
Mosunic said she recalled “Spending hours in dark closets…not wanting anyone to hear me cry…I don’t know if I will ever laugh as deeply.”
“I’m living a life without parole. My daughter was the sunrise and the sunset,” said Mosunic. “We will never get to walk her down the aisle.”
Her mother said she occasionally asks herself questions, such as, “Was she trying to break out of the car?”
“You must be less than human not to summon help. You had contact with police,” said Mosunic, noting that Xavier did not tell them she had been in a crash.
She tearfully said her daughter was brain dead because of “a lack of oxygen from being underwater” and that a specialist told her ‘there’s nothing we can do.’”
Mosunic said the only thing she could do for her daughter was plan her funeral and adopt her cat.
Donald Waller said his daughter’s death hit him hard and he quit his job. He drank heavily for a while. “Sidnie’s dead because of you,” he told Xavier.
Donald Waller told Xavier that her actions not only affected his family but also her own family.
Speaking for the first time, Xavier said, “I made a reckless choice. My reckless choice took the life of one of my closest friends.”
“I’m sorry I didn’t get her home safely. I take full responsibility. I wish every day I could re-do that night,” said Xavier. “I am so angry at myself.”
“I drank and I drove. I’m sorry for taking Sidnie away,” said Xavier. “I’m going to spend the rest of my life speaking on the dangers of drinking and driving.”
“I will never drink and drive again. I am so sorry. I am so sorry.”
Her attorney, G. Cole Casey, asked Deddeh for a lesser sentence without specifying an exact amount. He said, “She was never held accountable” before for any DUI conviction as she had none, so she is being punished “as if she had been” convicted of DUI in the past.
Casey mentioned fire camp as an alternative sentence, but prison officials don’t allow fire camp for inmates sentenced to more than 8 years.
Deputy District Attorney Philippa Cunningham urged the maximum sentence, saying “she knew it could end this way.”
The judge gave her credits for the 877 days she has spent in jail since her arrest. The trial began on May 11 and the jury convicted her on May 26 after two days of deliberations.
Xavier’s parents, brother, and other family members attended the sentencing but did not speak.
