Life prison sentence handed down in fatal DUI crash in Winton

A Winton man apologized Tuesday to the family of Matthew Frisk, the 27-year-old single father whom he killed in 2012 when he sped down a busy county road while highly intoxicated.

Speaking directly to the family for the first time, Edgar Tapia Madrigal expressed regret for the decisions he made on Nov. 18, 2012, that led to Frisk’s death.

“I’m sorry. I think about what I did every night and not just because I’m in jail, but because of Matthew,” Madrigal said during a court hearing. “I’m sorry, especially to his mother, Mrs. Linda.”

Judge Mark Bacciarini ordered the 25-year-old man to serve 15 years to life in prison, the maximum sentence possible.

According to California Highway Patrol reports, Madrigal was driving north on Winton Way near Gertrude Avenue about 2 p.m. on that Sunday, speeding in a green 1996 Honda Civic at 86 mph, more than twice the posted limit. He collided with a silver 1997 Nissan Sentra driven by Frisk, who had been visiting his mother. He died at the scene.

Madrigal’s blood-alcohol level was officially measured at 0.23, which is nearly three times the legal limit. He was driving on a suspended license from a prior DUI conviction, authorities have said.

The defendant was convicted in October by a Merced Superior Court jury on charges of second-degree murder, gross vehicular manslaughter and driving on a suspended license.

Madrigal addressed about a dozen of Frisk’s family members, who stood shoulder to shoulder in the courtroom, each wearing a memorial T-shirt with Frisk’s picture printed on the front.

With tears streaming down her face, Frisk’s younger sister, Nichole, described the family’s three-year nightmare and the shattering effects of losing her big brother and best friend. She said she has been diagnosed with a post-traumatic stress disorder. Her grades have fallen as she struggles to reach a nursing degree as a Merced College student.

“And I used to go to church six days a week, and now I’m bitter and I don’t go,” she said. “My heart was broken that day and has never mended. But even though I don’t want to forgive you, I’m going to because that’s what Matt would want.”

The court heard the words of Frisk’s father, Jerry Sr., who submitted a written statement describing his wife’s pain and his sorrow for Matthew’s now-11-year-old son, Matthew Jr.

“The defendant will never really know what he’s done and you will forget, Edgar, but our family will never forget,” Jerry Frisk wrote.

Madrigal’s apology left members of the Frisk family with mixed emotions.

“I felt it was as sincere as it’s possible for him to be,” said Jerry Frisk Jr., Matthew’s older brother. “I was glad he addressed it to my mom. I’m glad he’s off the streets and not behind the wheel. He’s a menace to society.”

Madrigal has two prior drunken-driving cases on his record: one conviction in 2011 and another open case, both in Oregon, authorities have said.

The judge described Frisk’s death as “tragic,” “senseless” and “thoroughly preventable.”

Tony Green, the deputy public defender representing Madrigal, has said many times throughout the case that his client is “deeply remorseful.” Green said Madrigal had wanted to plead out to a lesser count of vehicular manslaughter, but prosecutors insisted on pursuing the second-degree murder charge.

Green said Madrigal plans to appeal the murder conviction. “He’s willing to take responsibility for a vehicular manslaughter charge,” Green said in an interview Tuesday.

Matthew Serratto, the deputy district attorney who prosecuted the case, said pursuing the murder conviction was the right thing to do.

“He has two prior DUIs. He was driving very recklessly in this case, driving nearly 90 mph on Winton Way, and his (blood-alcohol level) was about three times over the limit,” Serratto said. “Given his record and all the factors, that (the murder charge) was appropriate.”

Madrigal’s blood-alcohol level was officially measured at 0.23 several hours after the crash. Earlier field-sobriety tests measured his blood-alcohol content at more than 0.3, about four times the legal limit, authorities have said.

“He’d had repeated chances and repeated warnings, even from his own family. His father had just talked to him about not drinking and not driving when he’d been drinking,” Serratto said.

Serratto praised the investigation conducted by the California Highway Patrol and its lead investigator in the case, Shelly Miller.

“It’s a terrible tragedy,” the prosecutor said. “It’s the appropriate outcome, but no good ever comes from anything like what happened.”

This story was originally published February 23, 2016 at 4:27 PM with the headline "Life prison sentence handed down in fatal DUI crash in Winton."