Family of Pueblo teen killed in hit-and-run angry after woman who was racing gets probation

A 19-year-old was given probation after a hit and run that left a 15-year-old dead in June 2023.

In a January plea deal, Ahdora Muniz pleaded guilty to leaving the scene of an accident causing death, in exchange for the more serious charge of vehicular homicide being dropped.

Muniz was allegedly street racing when she struck and killed Joaquin Oscar Vigil Penaloza near the intersection of Gaylord and Thatcher avenues on June 21, 2023, according to a Pueblo Police Department arrest affidavit. According to court documents, police used crime scene forensics to determine Muniz had been traveling at a rate of 96 mph in a 35 mph zone prior to the crash.

Alcoholic beverages, including bottles of Dos Equis beer and a "buzz ball" were also found in and around Muniz's vehicle at the scene of the crash, 10th Judicial Deputy District Attorney Christine Butterfield said during a Monday sentencing hearing.

Family remembers victim, say Muniz's actions caused extreme pain

Rachael Vigil, the mother of the victim, stated that through her actions, Muniz had killed not just her son, but her entire family.

Vigil said that her son was her whole world, and she remembered him as a good kid who would "always try to pull the family together" when they had bad times.

Furthermore, she stated that even within the last week, she had seen Snapchat videos of Muniz continuing to party and consume alcohol, and was not taking her actions or the court proceedings seriously.

While evidence on the matter was not submitted due to her bond conditions not stating anything about the consumption of alcohol, which Judge Thomas Flesher noted was because Muniz is too young to drink, Butterfield stated that her office had those videos and was prepared to share them with the court.

Elaine Mossman, grandmother of the victim, said that not only had Muniz taken a life, she had taken away her grandson's future. "I'll never meet his girlfriends, his future wife, I'll never meet any more grandkids," she said.

Mossman also stated that Muniz's actions were callous and thoughtless, saying that she had taken Joaquin's life with the same callousness as one might have stepping on a fly.

The victim's younger sister said through sobs that she would always miss her brother, and can't believe he's gone. Her brother had simply wanted to walk across the street to the Loaf and Jug to get a Pepsi when Muniz hit and killed him, she said.

Her brother meant a lot to her and the night of his death would "always be in the back of my mind," she said.

The victim's older sister told the judge she and her brother were planning to get jobs together when he turned 16, and her brother had dreams of the future, stating he wanted to be a police officer when he grew up.

The victim's uncle called Muniz's actions a "cowardly act," and said it was not an accident. "We make these choices. If you're going to drink, stay home. If you're going to race, go somewhere you can do that," he said.

Attorneys argue sentencing options, Muniz speaks on her own behalf

Butterfield also said the death of Joaquin Oscar Vigil Penaloza was not an accident. She argued Muniz made a series of decisions that resulted in her killing the teen.

During a pre-sentence screening and evaluation, Muniz allegedly admitted that she left the scene because she was "scared and not supposed to be driving," Butterfield said.

Muniz is also not engaged in any kind of work or organized activity, according to Butterfield.

She continues to "hang out, party, and do whatever she wants to do," said Butterfield, noting that Muniz had recorded herself chugging a bottle of vodka as recently as a few days ago.

"She put numerous people at risk and took a child's life," said Butterfield. "No sentence will repair the damage she caused but the only appropriate sentence would be 10 years in the Department of Corrections," she said.

Ten years was the maximum allowable sentence under the plea bargain made previously with the DA's office.

Brian Montrose, an attorney representing Muniz, argued that Muniz's test results on the Colorado Level of Service Inventory (LSI) indicated she was at very low risk of reoffending, and noted she was very young with no prior criminal history.

Montrose argued Muniz had simply succumbed to social pressure and as a young person, was not able to understand the danger she posed. Montrose recognized Muniz's actions had been reckless, but said spending the better part of her 20s in custody would also be a tragedy that would change her for the worse.

Montrose stated he had every faith that Muniz would abide by the law in the future and "make something of her life" if given the opportunity.

In a statement to the court, Muniz said that she was "sorry" for what happened, and expressed that it "was an accident."

"I never meant to hurt anyone," she said.

Muniz said she didn't think there was anything she could say that would make anything better.

Sentence rendered

Before sentencing Muniz, Flesher said it should not be taken as a reflection on the victim or the hurt caused by Muniz's actions.

Flesher said because Muniz, who was 18 at the time of the fatal hit and run, and had no prior criminal history, he would give her 10 years of probation and ordered that she complete 1,000 hours of community service, at least 200 of which are required to be completed each year.

Muniz will also be required to submit to substance abuse and mental health evaluation and complete any ordered treatment. She cannot possess or consume any drugs or alcohol that are not prescribed by a doctor. She must submit to random drug testing, and pay $9,923 in restitution, along with standard terms of probation. Muniz will also be required to serve 90 days in jail as a condition of probation.

Family objects to sentence

The family of the 15-year-old victim expressed anger and sadness with the sentence after the hearing.

Vigil said a sentence of probation was a "slap in the face." "Not only that, there's evidence of her still drinking this weekend," she said. "They had it, all the evidence that she's still doing the same stuff. In Pueblo, it says that as long as you're 21, you can do whatever you want, go kill somebody and you can get away with it by doing probation."

She pointed out while Montrose had argued Muniz could make something of herself if given a second chance, her son didn't get a chance to make something of himself.

"It's so irresponsible," said Skyla Martinez, a cousin of the victim. "She got to celebrate her 19th birthday with her family. My little cousin got to spend his 16th in a box with his ashes. He couldn't be loved, he couldn't be held."

Questions, comments, or story tips? Contact Justin at jreutterma@gannett.com. Follow him on X, formally known as Twitter, @jayreutter1. Support local news, subscribe to The Pueblo Chieftain atsubscribe.chieftain.com.

This article originally appeared on The Pueblo Chieftain: Pueblo woman, 19, gets probation in hit-and-run that killed boy, 15