PROPOSED DEAL DECRIED DRIVER BLAMED IN DEATH MAY GET LESS THAN YEAR IN JAIL.

Byline: Karen Maeshiro Staff Writer

LANCASTER - An accused drunk driver blamed for the death of a baby girl riding in the back seat of her parents' car has been offered a plea bargain that would free him after less than a year in jail, angering the baby's family.

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 Manuel and Jessyka Ceja's Honda Accord as the Sylmar couple pulled over to let a fire engine pass, authorities said.

``I think it's outrageous,'' said Manuel Ceja, 22, who lost his only child in the July 16 crash on Pearblossom Highway but who escaped injury himself. ``It's way too lenient.''

Said Natalie's uncle, Jose Monzon: ``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? It's kind of contradicting the goal of 'don't drink and drive.'''

When Natalie was killed, strapped into her child-safety seat, her parents had been taking her to see friends in the Antelope Valley. They were going to deliver the friends an invitation to her baptism.

``She was a perfect, healthy baby. What can I say about her?'' Manuel Ceja said.

Boden, free on $100,000 bail, has pleaded not guilty to gross vehicular manslaughter while intoxicated and driving under the influence causing injury. He has not accepted the plea bargain.

Boden's attorney, Michael Eberhardt, declined to comment on prosecutors' offer, except to say one was being discussed. Eberhardt said he was waiting for 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.

Deputy District Attorney Robert Foltz said Boden had no prior drunk driving record and his .13 percent blood alcohol level was above California's .08 legal limit but fell within ``the kind of normal DUI range.''

Proving in court that Boden acted in a grossly negligent manner, a requirement for a conviction for gross vehicular manslaughter, would be difficult, 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.''

California Highway Patrol investigators recommended Boden be charged with gross vehicular manslaughter while intoxicated, which carries a maximum sentence of 10 years. They have no power over what prosecutors do when the case gets to court, a CHP sergeant said.

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

Manuel Ceja said the family expected a minimum sentence of four years in state prison, but hoped for a maximum sentence of 10 years.

District Attorney Steve Cooley refused an interview request about the offer, saying through a spokeswoman that he did not know the details of the case and nothing more to add than what Foltz said.

Because of overcrowding in the Los Angeles County jail system, most jail inmates are being released after serving about 30 percent of their sentence. 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 of their sentiments. ``I'm sure they think it's too lenient,'' he said.

Foltz added that if it was his family who lost a child no prison sentence would be high enough.

Karen Maeshiro, [phone]

karen.maeshiro(at)dailynews.com

CAPTION(S):

2 photos

Photo:

(1 -- color) Manuel and Jessyka Ceja hold a portrait of their daughter, Natalie, who was killed in a traffic collision in July on Pearblossom Highway.

John Lazar/Staff Photographer

(2) CEJA