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