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A judge on Feb. 10 ordered a sailor to stand trial for second-degree murder and vehicular manslaughter while intoxicated in the death of an Ocean Beach woman who was driving home from work in 2021.
Sarah Lombardi, 54, had worked for Kansas City Barbecue for 26 years when she was killed on Dec. 20, 2021, on Interstate 8 just east of Sunset Cliffs Boulevard at 11:30 p.m. when she was hit head-on by a wrong-way driver.
Attorney Onell Soto, who represents Eric Ramos Cortez, 25, made an impassioned plea to San Diego Superior Court Judge Aaron Katz not to order his client to stand trial for murder at the end of the preliminary hearing.
“This is not a murder case. This is manslaughter, not murder,” said Soto. “My client has been remorseful from day one. He has no prior criminal history.”
Deputy District Attorney Hailey Williams said Ramos consumed nine drinks “while partying with his friends” and later tested at .18 blood/alcohol level, which is twice the limit for felony drunk driving.
Williams said Ramos “knew his actions were dangerous” and were the “natural consequences” of drinking and driving. “He had every intention to drink to excess,” she added.
The judge held up a photograph of an image found on Ramos’ cellphone that showed opened whiskey bottles with the caption apparently written by Ramos that said this: “About to play my favorite sport getting (obscenity) up in my car and trying to get back to my room before this hits me.”
“This is extremely compelling to the court,” said Katz, holding the photo. “His focus was on himself, to become intoxicated, play Russian Roulette with other people’s lives. He was so intoxicated, he couldn’t appreciate a sign that read ‘Wrong Way.’”
“He had a conscious disregard for members of our community. This says it all,” said Katz. “I don’t think there is a person in this courtroom who has a picture like this on their phone.”
The testimony about the contents of Ramos’ cell phone came from California Highway Patrol officer Brad Clinkscales. On the night of the collision, Ramos searched his phone for bars with “beer bucket deals,” said Clinkscales.
Scott Parent, a CHP sergeant, testified the speed of Ramos’ 2019 Subaru Outback was 67 mph at impact when he struck the Toyota Camry driven by Lombardi. There was no sign of braking, added Parent.
Katz set a trial date for June 2 after Ramos waived his right to have a speedy trial and entered a not-guilty plea. He remains in the South Bay Detention Facility without bail.
Ramos is likely to face discharge from the Navy due to the criminal charges against him. His mother, girlfriend, and several others were present in the audience for support.
CHP investigator Adolfo Moriel testified he interviewed a witness whom Ramos dropped off from a bar that night and who told him he saw Ramos almost turn into the wrong lane against ongoing traffic.
Soto cited another drunk driving death case of Lauren Ashley Freeman, now 27, who pleaded guilty to gross vehicular manslaughter and was sentenced to 11 years in prison for killing an Ocean Beach man in 2018. She is up for release in 2025, according to the state Department of Corrections.
Soto also cited the case of Jason Riley King, now 29, whom a jury acquitted of two second-degree murder charges and instead found him guilty of two counts of gross vehicular manslaughter of two promising female UCSD medical students in 2015.
King was sentenced to 17 years in prison in 2018, and the Department of Corrections said his earliest parole date possibility is in 2025.
Before becoming an attorney 11 ago, Soto was a journalist for the San Diego Union-Tribune covering legal affairs.
Documents show Ramos attended Navy “Stand Down” briefings that are held to encourage sailors not to drink and drive. His last safety briefing was three days before the collision, according to his arrest affidavit.
Soto told the judge these briefings “are rote routine meetings… and are awards” to various people and not something that all sailors pay attention to.
However, after Ramos had sobered up and was interviewed in custody, he was asked how many of these “Stand Down” meetings he had attended. “More than enough for me to do this,” replied Ramos, according to his arrest affidavit.
Soto has filed documents about how San Diego has become a testing ground for pilot projects to halt wrong-way drivers in which CalTrans is escalating sensors, bells, flashing lights, and cameras that are designed to get the attention of the wayward driver.
The defense attorney was unsuccessful in arguing for a delay of the preliminary hearing, saying he wanted to study documents from CalTrans about it, but after the hearing said it might be an issue at trial.
“This is a mistake other people make. It’s a left turn off a city street,” said Soto about an entrance to I-8 in Ocean Beach. “The intersection itself is confusing.”