Man pleads no contest to second-degree murder in child's death
Sep. 18—A Colusa man pleaded no contest on Friday to the second-degree murder of his 10-year-old son in a drunken driving collision in April 2020.
Tony Kesterson, 31, was charged in June 2020 with second-degree murder, gross vehicular manslaughter while intoxicated, driving under the influence causing injury, child endangerment, and a misdemeanor count of driving with a suspended license.
On April 19, 2020, Kesterson was traveling eastbound on Highway 20 in a 2007 Ford Fusion at a high rate of speed with his 10-year-old son in the car. East of South Tarke Road, Kesterson lost control, drove across the westbound lane and collided into a concrete wall. Kesterson's vehicle came to rest directly in front of a 2014 Toyota Tacoma whose driver was unable to stop in time and collided with the Ford. The boy was pronounced dead at the scene.
The Sutter County District Attorney's Office filed charges against Kesterson in June 2020 and he was arrested. He has been in Sutter County Jail since June 26, 2020. Kesterson was scheduled to face a jury trial on Sept. 21 after a judge ruled there was enough evidence for his case to go to trial.
On Friday, during a scheduled trial readiness conference, Kesterson pleaded no contest to second-degree murder. Kesterson faces 15 years to life in prison. He will be eligible to apply for parole after 15 years, according to Sutter County Deputy District Attorney Diego Heimlich.
"This is yet another unfortunate, and sad case, where an innocent victim died as a result of impaired driving," Heimlich said in an email. "Even more heartbreaking is the fact that it was the defendant's own son. In a case like this there are no real winners, but justice demands that the maximum punishment be imposed in order to prevent incidents like this from happening to others."
Kesterson is scheduled to be sentenced on Nov. 19 at 9 a.m. in Sutter County Superior Court.
