Man sentenced for death of child, injury to another man
May 2—A man who was responsible for the death of his boy toddler and injury to another man was given a suspended split sentence on Jan. 2.
Luis Alberto Rios, 28, was charged following a May 8, 2021 crash involving his 2003 Ford pickup and a concrete truck that was towing a backhoe on NC 87 at Commerce Drive southeast of Sanford at 4:59 a.m.
Rios' toddler died from injuries sustained in the crash and Joel Garcia Serrano, 44, of Durham, a passenger in the concrete truck, was injured, according to the police report.
Rios made a plea agreement in which he pleaded guilty to felony death by vehicle and felony serious injury by vehicle.
Lee County Superior Court Judge C. Winston Gilchrist gave Rios suspended sentences for 64 to 89 months in the first charge and 16 to 29 months in the second.
Rios was given a split sentence whereby he reports to jail every two months for two years, working two months and being incarcerated for two months.
After two years, Rios is eligible for unsupervised probation.
A court file says his blood alcohol content was .05%. At the time of the crash, Rios was living in Sanford but now his address is in Spring Lake.
Rios has a prior conviction for misdemeanor disorderly conduct in South Carolina from Aug. 10, 2020, according to an eCourts document.
According to an earlier report in the Sanford Herald, Rios was northbound on N.C. 87 and turned left onto Commerce Drive into the path of the other truck, traveling south, which was operated by Moises Cruz, 48, of Durham.
Cruz told police that he tried to stop, but was unable to do so.
Rios' truck was hit in the passenger side and traveled 161 feet after impact. He and his son were trapped in the wreckage.
Cruz's truck traveled 131 feet after impact and came to rest against a utility pole.
