'I THINK IT'S OUTRAGEOUS' PLEA BARGAIN IN FATAL DUI CASE ADDS TO PARENTS' GRIEF.

Byline: Karen Maeshiro Staff Writer

LANCASTER - Manuel and Jessyka Ceja suffered the heartache of losing their only child, a chubby 7-month-old named Natalie Nicole, when their sedan was rear-ended by an accused drunk driver who was talking on his cell phone.

Now the Sylmar couple faces the anguish of watching Los Angeles County prosecutors offer their daughter's accused killer a plea bargain that would free him after serving less than a year in jail.

``I think it's outrageous,'' said Manuel Ceja, 22, whose ``perfect, healthy baby'' died in the July 16 crash on Pearblossom Highway. ``It's way too lenient.''

California Highway Patrol investigators shared that view, having recommended charging Boden with gross vehicular manslaughter while intoxicated, which carries a maximum sentence of 10 years in prison upon conviction.

``To see someone sentenced to one year for something so egregious is a true disappointment,'' CHP Sgt. Tom Lackey said.

The Cejas had strapped Natalie into her car seat and were driving to visit friends in the Antelope Valley when they pulled over to let a fire engine pass.

Authorities say Eric Boden, 27, whose blood-alcohol level was later tested at .13 percent, was talking on a cell phone when his Ford Ranger pickup truck rear-ended the Cejas' Honda Accord, fatally injuring the baby.

Boden, free on $100,000 bail, has pleaded not guilty to gross vehicular manslaughter while intoxicated and driving under the influence causing injury - charges that would result in a maximum sentenced of 10 years in prison if he is convicted.

But prosecutors have offered to allow Boden to serve just a year in jail if he pleads guilty to the lesser charge of felony vehicular manslaughter, along with DUI causing injury.

Deputy District Attorney Robert Foltz said Boden was offered the deal because of the difficulty of proving that Boden acted in a grossly negligent manner.

Boden had no prior drunk-driving record and his .13 percent blood-alcohol level - while above California's .08 legal limit - fell within ``the kind-of-normal DUI range,'' Foltz said.

``You have to find a person was so outrageous in his conduct that they showed a complete and total disregard for anyone's safety and human life,'' Foltz said. ``It would be different if the kid was road racing or had prior drunk driving or prior reckless driving. We just don't have that element.''

Foltz said it was unlikely that Boden would get a prison sentence if he went to trial.

``His behavior is abhorrent, but the realities are that we have to evaluate these cases proportionately so that they are handled appropriately,'' Foltz said.

``It has not been my experience that a case with these facts and with this particular defendant with absolutely no record, no prior DUIs or drug arrests, that a court would likely send him to prison.''

Boden's attorney, Michael Eberhardt, declined to comment on prosecutors' offer, except to say one was being discussed. Eberhardt said he was awaiting a copy of the coroner's report.

``We can't agree to do anything until I know for sure what the cause of death is,'' Eberhardt said.

District Attorney Steve Cooley refused to answer questions about the plea deal, saying through a spokeswoman that he did not know the details of the case and had nothing more to add to Foltz's statements.

Because of overcrowding in the Los Angeles County jail system, most jail inmates are being released after serving about 30 percent of their sentences. A jail official said early release depends on what other charges inmates are facing, the crimes for which they are sentenced and the judges' sentencing orders.

Foltz said he spent almost 90 minutes talking with the family about the offer and was aware they thought it was too lenient.

``If we are going to do anything about drunk drivers, how are we going to do so if the sentence for death is a year?'' said Natalie's uncle, Jose Monzon. ``It's kind of contradicting the goal of, 'Don't drink and drive.'''

Karen Maeshiro, [phone]

karen.maeshiro(at)dailynews.com

CAPTION(S):

2 photos

Photo:

(1 -- color) Manuel and Jessyka Ceja hold a portrait of daughter Natalie, killed in a traffic collision in July.

John Lazar/Staff Photographer

(2) ``I think it's outrageous,'' said Manuel Ceja of the plea bargain recommended for the driver accused of killing his 7-month-old daughter, Natalie.