x
Breaking News
More () »

'Not a lengthy enough prison sentence'; Judge recuses self before murder sentencing of driver who killed 3 GCU students

The crash claimed the lives of GCU freshmen Abriauna Hoffman, 18, Elaine Hunter Balberdi, 19, and Magdalyn (Maggie) Ogden, 18.

PHOENIX — Sentencing has been delayed for the man convicted of killing three Grand Canyon University students in a traffic crash in 2022.

On Aug. 14, Vincent Ian Acosta, 27, pleaded guilty to three counts of second-degree murder in connection to a deadly crash that happened Oct. 10, 2022, in New River along Interstate 17 near Table Mesa Road.

>> Live, local, breaking. Download the 12News app

The crash claimed the lives of GCU freshmen Abriauna Hoffman, 18, Elaine Hunter Balberdi, 19, and Magdalyn (Maggie) Ogden, 18.

RELATED: Driver pleads guilty to second-degree murder for I-17 crash that killed 3 college students

At the time of Acosta's arrest, the driver's blood test results indicated he may have been impaired at the time of the crash, court records show.

Acosta was set to be sentenced on Sept. 27 but the judge in the case has recused herself. The hearing lasted mere minutes as families of the victims packed into the courtroom. They flew in from Hawaii and Washington for what they thought would be the sentencing hearing and the end of a long, painful legal process.

The judge did not explain her reason to recuse herself on Friday, however in a status conference on Thursday, she did.

“The reason the court is rejecting the plea is, rejecting paragraph two I’ll state that, is it’s this court’s belief it’s not a lengthy enough prison sentence," said Judge Pamela Dunne.

Acosta's plea deal included a sentencing range of 18 to 22 years for each count of second-degree murder to be served at the same time.

It was a sentence she no longer agreed with.

“I hope everyone understands the court was not trying to make this difficult for any next of kin or more stressful than it already is," Dunne said. "I’ve been on the criminal bench for ten years and this is only the second time I’ve felt compelled to reject a plea, reject the sentencing provisions.”

For now, the plea agreement is still in place and the case is being transferred to another judge to oversee the sentencing. It's unclear if that new judge will accept the terms of the deal.

When a family member asked the judge what will happen if the new judge also rejects the deal, Dunne stated that remains to be seen. If the new judge does not believe that the plea is appropriate, they can reject the deal outright. Attorneys can work to put a different plea agreement in place, or there could be no plea and instead, a trial.

For now, Acosta's sentencing has been rescheduled for October 8th. The case has been reassigned to Judge Sam Myers.

“Thank you judge for noticing that our girls are worth more than what that plea agreement states," a family member said during Thursday's hearing.

Up to Speed 

Catch up on the latest news and stories on the 12News YouTube channel. Subscribe today. 

>> Download the 12News app for the latest local breaking news straight to your phone.

Watch 12News+ for free

You can now watch 12News content anytime, anywhere thanks to the 12News+ app!

The free 12News+ app from 12News lets users stream live events — including daily newscasts like "Today in AZ" and "12 News" and our daily lifestyle program, "Arizona Midday"—on Roku and Amazon Fire TV.

12News+ showcases live video throughout the day for breaking news, local news, weather and even an occasional moment of Zen showcasing breathtaking sights from across Arizona.

Users can also watch on-demand videos of top stories, local politics, I-Team investigations, Arizona-specific features and vintage videos from the 12News archives.

Roku: Add the channel from the Roku store or by searching for "12 News KPNX."

Amazon Fire TV: Search for "12 News KPNX" to find the free 12News+ app to add to your account, or have the 12News+ app delivered directly to your Amazon Fire TV through Amazon.com or the Amazon app.

More ways to get 12News 

On your phone: Download the 12News app for the latest local breaking news straight to your phone.

iTunes

Google Play

On your streaming device: Download 12News+ to your streaming device

The free 12News+ app from 12News lets users stream live events — including daily newscasts like "Today in AZ" and "12 News" and our daily lifestyle program, "Arizona Midday"—on Roku and Amazon Fire TV.

12News+ showcases live video throughout the day for breaking news, local news, weather and even an occasional moment of Zen showcasing breathtaking sights from across Arizona.

On social media: Find us on Facebook, Twitter, Instagram and YouTube.

Before You Leave, Check This Out