CLOSURE ELUSIVE FOR FAMILY VICTIM'S MOTHER IS RELIEVED DRIVER WHO KILLED HER SON WILL BE OFF THE ROAD.

Byline: Kerry Cavanaugh Staff Writer

For the family of 21-year-old Patrick Flanders II, there was no closure in the murder conviction of 25-year-old Sebastian Rodriguez, who was on probation for DUI and was high on methamphetamine when he killed their son in a traffic crash.

The only solace for the Flanders family is knowing that prosecutors got the harshest possible penalty and that Rodriguez will be off the road.

``As a mother. I'm relieved to know this man will not go out in a few years and kill someone else,'' said Dona Lane Eng, Flanders' mother. ``I don't want someone else to lose a child.''

The Winnetka man faces 15 years to life in prison when he is sentenced Friday for his conviction on charges of second-degree murder and gross vehicular manslaughter while driving under the influence of drugs.

Prosecutors sought the second-degree murder conviction because Rodriguez had prior convictions for drunk driving and public intoxication, Deputy District Jim Falco said.

Rodriguez had been drunk when he crashed his car on Christmas Day 1999, and he was ordered by the court to attend a class for first-time drunk drivers. He was convicted of public intoxication in October 2001, and the week before the collision that killed Flanders he served six days in jail for the violation of his probation.

``He didn't learn his lesson. How many times do you have to screw up?'' Falco said.

But Rodriguez's attorney, Rosalie Rakoff, called the murder charge cruel and unusual punishment.

``He's been remorseful from the beginning,'' Rakoff said. ``We were willing to plead guilty to gross vehicular manslaughter while under the influence,'' which would have netted Rodriguez a 10-year prison sentence.

Authorities said Rodriguez was weaving in and out of traffic as he sped west on Burbank Boulevard near Woodley Avenue on Oct. 16, 2001, when he lost control of his 1996 Infiniti.

His car skidded through a landscaped dirt median and into eastbound lanes, where he hit Flanders, who was riding a motorcycle his father had given him just the week before.

Flanders, an aspiring music producer, died at the scene.

Rodriguez had a .07 blood-alcohol level, just under limit for driving drunk, but officers at the scene thought he seemed more intoxicated and requested a urine sample. He tested positive for alcohol, marijuana and methamphetamine, Falco said.

Rodriguez's attendance at the earlier court-ordered class for DUI offenders was the key to seeking and getting the murder conviction, prosecutors said. They were able to prove Rodriguez knew the dangers of driving while intoxicated and chose to do it anyway, knowing it could kill someone else.

``The penalties are increasing and rightfully so,'' Falco said. ``People are going to drink and drive until they figure out they're going to kill someone.''

In memory of his son, Patrick Flanders Sr. will organize a golf tournament for March 28 - his son's birthday - at Lake Balboa Golf Course. He hopes to join with Mothers Against Drunk Driving to make the golf tournament an annual event.

His son graduated from Notre Dame High School in Sherman Oaks in 1998, attended Santa Monica Community College and was pursuing a career as a radio producer for Westwood One. He worked on ``The John Tesh Show'' and ``The Tom Leykis Show''.

``People talk about closure and all that. I have no idea what the heck that means. For a father, he's still my son,'' Flanders said. ``I'm just trying now to raise awareness of the crazy thing of driving under the influence of alcohol, drugs, methamphetamine and all these things.''