Howard Judge Rejects Deal In Crash That Killed Two

A Howard County judge rejected a plea agreement yesterday that called for a sentence of up to eight years for a 26-year-old man accused of killing a Marine and his date in a drunken-driving accident on Thanksgiving night in 2006.

Circuit Court Judge Lenore Gelfman did not explain her opposition to the prosecution's agreement with Eduardo Raul Morales-Soriano, an illegal immigrant whose blood-alcohol level, authorities say, was four times the legal limit on the night of the crash.

Under the agreement, Morales-Soriano pleaded guilty to two counts of negligent manslaughter in the deaths of Jennifer Bower, 24, of Montgomery Village and her passenger, Cpl. Brian Mathews, 21, of Columbia, who had served eight months in Iraq.

Gelfman's ruling came after about an hour of emotional testimony from the victims' relatives, including Mathews's mother, who said her son returned home from one of the most dangerous parts of the world only to be killed on the roads of his own country.

"This is truly an American tragedy," Trudy Mathews said of the death of her son, an Eagle Scout who had followed a family tradition of military service.

Interim Howard County State's Attorney Dario J. Broccolino said later that he believed the judge thought the maximum sentence allowed under the agreement was "too little." If convicted at trial, Morales-Soriano could be sentenced to more than 20 years in prison.

On Nov. 23, 2006, Morales-Soriano, a Mexican national who had been living in Laurel, was driving a Nissan Sentra when he struck the rear of a Toyota Corolla at a red light at routes 108 and 175, fatally injuring Bower and Mathews, authorities said.

Morales-Soriano, who had a valid Maryland driver's license, had been charged in February 2006 with drunken driving, but the case was dropped, prosecutors have said, because Howard County police did not collect enough evidence.

Heather Hoppe, Mathews's sister, applauded the judge's decision to reject the plea agreement. "I got the impression she wanted more of a sentence, and I think that's a good decision," said Hoppe, 30. "This needs to be publicized and consequences need to be shown."

Although it is within a judge's power to reject a plea agreement, it is "quite unusual" for a judge to do so, said Byron L. Warnken, a University of Baltimore law professor. "Most judges take the position: These two lawyers know the strengths of their case."

Gelfman will not preside over the trial.

During the hearing yesterday, no relative of the victims objected to the plea agreement in open court. Jennifer Bower's father, David Bower, read a statement that described his daughter as "a wonderful gift to the community."

"She was embracing her life," he said, as his wife stood behind him clutching a single flower.

He spoke about her death's effect on the family, saying, "I still jump when the phone rings," hoping that "she will call."

Trudy Mathews testified about how her son had planned to become a teacher after giving his country "the promise of his own life."

"Every day, we prayed for his safe return home," she said of his time in Iraq. "Our prayers were answered."

Morales-Soriano wore headphones to listen as an interpreter translated the proceedings into Spanish. Defense attorney Brad Goldbloom, who described his client as hardworking, read a statement in which Morales-Soriano said he was "truly sorry." In the statement, Morales-Soriano said he did "not intend to kill anyone," and he acknowledged "that I caused this tragedy."

"I wish it was me that died in that accident," he said.

Asked by the judge whether he had anything to add to the statement, Morales-Soriano spoke briefly in Spanish, and the interpreter said, "I do not have words."

After hearing the testimony, the judge said she thought the defendant's comments were "heartfelt." Gelfman said the defendant "committed a horrible act that resulted in a terrible tragedy." She added that she realized "that closure can be the start of some healing process."

She spoke of the victims, too: Bower, who was studying to become a licensed professional counselor, and Mathews, "an honor to his country."

Then Gelfman said that she found the "plea agreement not satisfactory," leaving the defense attorney to wonder what message she was trying to send about the sentence.

"I don't know if that means she felt the case required more time or less time or what," Goldbloom said.