NVR Logo
Drunk driver gets eight years for injuring Napa woman
Saturday, April 12, 2008
Save and Share Share
All eyes in the hushed courtroom turned to the  mother of two young boys, a double amputee pushing her wheelchair to the podium to address the convicted man who changed her life forever.

“It’s very difficult to express my feelings,” Lilian Clark said through a Spanish interpreter, crying often and wiping her face with a tissue. “My life has been destroyed. I miss my children. I have to ask other people for help. I am happy I am alive, but I hope my future could be like my past. I thank everyone who has supported me with their prayers. I really need my children, but I can’t take care of them at this time. I just don’t think I can say any more.”
On Friday, Francisco Pacheco, 24, received the maximum state prison sentence of eight years for hit-and-run and DUI in the crash that injured Clark.

On Feb. 3, Pacheco’s car struck Clark on South Terrace Drive, just after she secured her two sons, ages 4 and 6, in their car seats. She was double-parked and had her vehicle flashers on at the time.
Clark had walked around the rear of her car to get into the driver’s seat when Pacheco drove his 1990 Plymouth over a slight hill and crashed into the back of Clark’s car, pinning her between his front bumper and her rear bumper.

Clark suffered injuries that resulted in the amputation of both her legs above the knees.
At Friday’s sentencing Clark, who is a native of Chile, was accompanied by her husband John Clark and her parents, who have traveled from Chile to take care of their daughter.

Clark’s husband, John, addressed Napa County Superior Court Judge Diane Price.

“This was no accident. Everything leading up to that terrible day was deliberate. ... Pacheco made a deliberate decision to disregard our laws and drive drunk without insurance or a license ... my wife  surely would have not lost her legs that day, and my children would have a normal upbringing,” John Clark said.

“Financially we are destroyed, emotionally and physically we are destroyed.”

Although Pacheco did not speak during his sentencing, he did cry frequently, wiping his eyes with tissues.

In addition to the criminal charges, Pacheco faces possible deportation because he is in the country illegally. This is his third DUI arrest.

At the time he injured Clark, he was on probation for a previous DUI. When he was involved in the accident that injured Clark, his blood alcohol was .24 percent, according to Napa County Chief Deputy District Attorney John Goold, three times above the legal limit.

Once outside the courtroom after the sentencing, Lilian Clark hugged her parents and in-laws.

“This part of the tragedy is over. Now I need to concentrate on my children,” she said, as her mother stroked her hair.

Clark is still recovering from the crash and is preparing to be fitted for her prothesis.
35 comment(s)

asahigo wrote on Apr 12, 2008 12:47 AM:

" Possible deportation???? "

misfit wrote on Apr 12, 2008 6:28 AM:

" Perhaps if he had been deported after his previous DUIs, this would not have happened to this woman.
Why must something tragic happen before we deal with drivers who continue to drive drunk? I don't believe they should be given 3 strikes. Incarceration should be the punishment for all DUIs. Maybe that way there will be a deterrant to this crime. "

common sense wrote on Apr 12, 2008 6:41 AM:

" And yet there are still people who think we don't need to fix the illegal alien problem. "

yamamama wrote on Apr 12, 2008 6:44 AM:

" Third DUI??? I thought it was his second, which is bad enough.

Is there a bank account in town where people can donate to help this family? "

Straight Talk wrote on Apr 12, 2008 7:32 AM:

" I'm sorry.... his third DUI? THREE?

I'm not perfect. Never have been and expect I'll make some mistakes in the future. But three DUIs is unnacceptable. People talk alot about elected legislative officials and I wish we would have a larger discussion about our elected judges and the court system. After the second DUI this person should have served jail time (I'm making an assumption he did not).

And that leads me to a different quesstion... if he was here illegally, why was he not deported after the first or second DUI? Really, we need to fix this problem. It's not about a person's country of origin, it's about illegal activity that hurts families like John and Lilian Clark and their children. "

JimClark wrote on Apr 12, 2008 7:32 AM:

" The "state" is always willing to tax us in support of some political movement yet, those who suffer the acts of those to whom they supply "treatment and support" have endless treatment and support from taxation.

What about the victims of recidivism? Aren’t the victims more important than the ACLU protected losers?

Another culture gone mad. Two hundred years from now American will be equated with the Roman Empire as a failed effort. Why? THE PEOPLE never seem to understand the power they have yet put that power into the hands of bozos. "

kbf wrote on Apr 12, 2008 7:55 AM:

" Completly agree. It should say after the eight years he will be deporated immediately. The government will have eight years to get the paper work in order. "

NAPAGIRLNOMORE wrote on Apr 12, 2008 7:56 AM:

" THIRD DUI???? COME ON,THIS GUY SHOULD HAVE BEEN DEPORTED LONG AGO. MY PRAYERS GO OUT THE CLARK FAMILY. "

hudds5 wrote on Apr 12, 2008 7:56 AM:

" He will serve his 8 years (actually 4 yrs with credits) and then he will be deported. Which means he will probably try to return to California shortly after being deported, however, he will be considered a parolee at large and subjected to arrrest if he has any contact with law enforcement. Depending on the specifics in his case, he will either be returned to prison or placed in a federal prison before getting deported again. What a great Justice system we have in California. "

109823 wrote on Apr 12, 2008 8:14 AM:

" Well of course "Possible Deportation" one of the wineries may need him for work and we all know who calls the shots around here! Even if he is deported he'd be back in a short time with new SS# and name. "

mikeb wrote on Apr 12, 2008 8:46 AM:

" Enforcement of our existing laws could have prevented this accident. Pacheco, an illegal alien, was not only on probation for a previous DUI(1st DUI), he was out on bail awaiting trial for another(2nd DUI). Why wasn't an illegal alien, arrested for his second DUI, who was already on probation from a previous DUI, who had prevously been deported but found his way back into this country allowed out on bail? Why was he not turned ove to immigration officials for holding and re-deportation? Why does immigration not make it a priority to take custody of and deport illegal aliens who've been arrested for crimes? Had our existing laws simply been enforced, Mrs. Clark would still have her legs(3rd DUI). "

JimClark wrote on Apr 12, 2008 9:13 AM:

" Injuring? You must really mean the destruction of a persons future as well as their life? Hopes, dreams ambitions and well, their personal being?

Will this creature get his driver's licence returned upn release from prison? I sincerely hope not. "

4gnapan wrote on Apr 12, 2008 10:46 AM:

" Personally, I think the man should have to provide free labor, support, and anything else the Clark's need, for the rest of his miserable life. "

db76 wrote on Apr 12, 2008 10:50 AM:

" Don't double park your car in the street. Having your flashers on doesn't automatically provide a "force-field" around your car. Drunk or not, ilegal alien or not, somebody could still crash into you. "

luv2surf wrote on Apr 12, 2008 11:57 AM:

" Another $45k a year to incarcerate yet another illegal alien who committed a crime. They recently caught the illegal alien who killed the security guard at the Vets Home in Yountville a few years back, after he rapped a teenage girl out of state, another $45k a year the tax payer will have to pay as well. Just add these expenses to the 11 billion dollars California Tax Payers contribute to the welfare of Illegals in our State and it keeps growing and growing and growing... "

Mr. Burns wrote on Apr 12, 2008 11:59 AM:

" Leave this poor man alone! He didn't intend to hurt anyone, and him and his family have suffered enough already. Let's let the healing begin rather than worrying about justice. Sound familiar? Where are those voices now??? "

larrysbird wrote on Apr 12, 2008 2:18 PM:

" Wake up Burns! This guy is clearly a menace. He only got 8 years, and the victim lost her legs. Why are you sticking up for this guy? he should feel fortunate thats all he got, I hope to hell he gets deported. "

mom2priceboys wrote on Apr 12, 2008 3:35 PM:

" I SAY TO MRBURNS YOU MUST A BELLY RUBING LIBERALS WHO THINKS EVERYTHING WILL BE OK I SAY THAT I THINK HE SHOULD DO LIFE IN PRISON MY BROTHER WAS KILLED BY A DRUNK DRIVER 2 MONTHS AFTER GETTING OUT OF HIGH SCHOOL AND THAT DRUNK DRIVER NEVER DID ONE DAY BEHIND BARS AND HE KILLED 6 PEOPLE THAT NITE SO I HAVE NO PITTY FOR DRUNK DRIVERS "

Tim wrote on Apr 12, 2008 5:14 PM:

" take it easy larrysbird...Mr. Burns had his tongue firmly in cheek with that comment.

It is the local law enforcement community that let the Clark's down..from the Police who have the mandate to protect it's citizens, the D.A.'s office and Judges who ALL turned a blind eye and didn't turn him over to the Feds.

They should be held responsible for this man's carnage....I hope the Clarks can Sue the pants off of them all. "

russ wrote on Apr 12, 2008 5:32 PM:

" I am almost certain that the third DUI is new information. Was the truth withheld? The justice system in Napa County better have learned something here. The District Attorney chooses to prosecute an innocent young school teacher and let a two time DUI illegal endanger the community. It's time for a change. "

WHY wrote on Apr 14, 2008 7:44 AM:

" Not only is Francisco at fault but the State of California as well as the Govt should be responsible. They have failed misserably in abiding by the laws.

If anyone has a for sure way to get a letter to the govenor please post. I will make a point of it to clip all the newspaper adds and comments that are relevant and send it to Arnold in hopes that this story will touch his heart as it has mine. Clark family, you have been done wrong.

Why don't we have a holding place for all illegal aliens and bus them back to the border every other month. For those who come from other countries escort them back by plane or which ever way is the best and send the bill to that country for reimbursement. Do the same for the the mexican govt. It is there responsibility not ours. President Fox in Mexico probably thanks us everyday, less of a financial burden for his country. "

sassy1 wrote on Apr 14, 2008 10:04 AM:

" Im on your page mom2priceboys, my brother was killed by an illegal and there was 5 witnesses but hey LETS JUST DEPORT HIM SO HE CAN COME BACK AND DO IT AGAIN. Deportation is there way OUT HELLO they dont punish them in Mexico for killing here they are FREE, FREE to do it all over again ..... he has proven that with this being his 3rd! He wanted to be here and he chose to be & then he chose to drink & drive so therefore he should stay & do the time! "

oldnapan wrote on Apr 14, 2008 11:16 AM:

" He should spend the rest of his life in prison. If we deport him he still get away with everything.

What is wrong with our system. It is B.S. "

Joe wrote on Apr 14, 2008 1:43 PM:

" This all could have been avoided if Mrs. Clark would have pulled over and parked legally somewhere. She was being extremely irrisponsible by parking in the middle of the street with two young kids in the car. It's one thing if it's flat and people can see you from far away. "

Tim wrote on Apr 14, 2008 5:40 PM:

" Your right Joe...it could have all been avoided if she had only been properly parked.

But of course the next time he was drunk he would have hit the neighbor kid crossing the street...now if only that kid wouldn't have been jaywalking, it could have all been avoided. "

if you can't beat 'em... wrote on Apr 14, 2008 9:48 PM:

" There's no parking on South Terrace. Cars line the road most of the time, especially at night. "

napaao wrote on Apr 15, 2008 10:53 AM:

" ok for the amount of money they are going to spend on this illegal in prison could pay for my whole college career!!! your right luv2surf!! this is not fair! either way im glad hes being punished for what he did. what comes around goes around. "

cathyodom wrote on Apr 16, 2008 11:23 PM:

" 3rd DUI? That should be a life sentence. "

BIPOLARMOM wrote on Apr 18, 2008 9:31 AM:

" What would deporting him do, he would just come back as they all do anyways. "

Sierra wrote on Apr 18, 2008 10:38 AM:

" First, he was illegal, not in the country legally.
Second, he was drunk!
Third, he had 2 prior DUI's
Forth, he left the scene of the crime.
Fifth, Lilly could have died, he would have fled to Mexico, changed his name with a new fake ID. and come right back to Napa. Or maybe my neighborhood.
sixth, If he would have been sober and not driving intoxicated he would have seen the car that was double parked.
It is sad that anyone would even suggest that Lilly deserved what she got because she double parked.
To the person who would suggest such a thing, to justify the crime by this drunk illegal, who was breaking the law by being here in the first place, you have your priority all wrong.
What is a Citizen to do, when there is no place to park in front of their own home. I guess drive on their lawn or a neighbors lawn to keep from nearly being killed by a drunk illegal alien who should not have been here in the first place!
This illegal alien should have gotten a life sentence and never given a chance to break our laws again.
"

flibbertigibbet wrote on Apr 18, 2008 11:43 AM:

" YES, I am a little confused.
First, "JOE and Mr. Burns" your both WAY out of line.
Second, can't we blame the justice system as well. 2 DUI and he is here illegally, why was he permitted to be allowed to stay here. If they had done their job Mrs. Clark would be dancing today. Where is their responsibility in this case? Why is that not more under the microscope. Is the Justice department not doing it's job or is it common practice to let these type of behaviors/people get a slap on the wrist? This should be a story in itself. or can we say cover-up? "

bipolarmom wrote on Apr 18, 2008 12:01 PM:

" It's not just with these types of cases. It's all crime. My son's father quit his job over two years ago and has not paid child support, yet the courts keep postponing his case and had done so for over a year now. It will be two years of postponment in August. They don't care if my child eats or has a roof over his head.

So it's the justice system in general that is corrupt. "

skippert wrote on Apr 25, 2008 6:33 AM:

" To Mr. Burns. What is your deal. Why do you feel the need to comment when you have nothing good to say. Lilly did not deserve this, no one does. It is amazing to me when people stick up for bad people. "

Napan since 1965 wrote on Apr 25, 2008 3:56 PM:

" This is for "WHY" (Apr 14, 2008) -- I'm happy to provide the Governor's address so you can send the information to him--great idea!! Actually, the Register does a great job by publishing "Know your representatives" periodically on the "Opinion & Letters" page, but here's the Governor's contact information so you can start right now:

Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814

Phone: (916) 445-2841
FAX: (916) 445-4633
e-mail:
governor@governor.ca.gov

GO FOR IT!!! "

Mr. Burns wrote on Apr 26, 2008 5:43 PM:

" Chill Skippert, I was trying to point out people's hypocrisy through sarcasm. Obviously I didn't do very well as everyone (except Tim) seems to have taken my post literally. For the record I'm as mad as everyone else and don't think he's "suffered enough." "

Comment Guidelines
The goal of the story comments section at NapaValleyRegister.com is to have an open, thought-provoking, civil community forum for all issues.
What gets your comment posted?
• Staying on topic
• Keeping your comment to 300 words or less
• Avoiding name-calling
• Addressing your comments to the message rather than the messenger
What gets your comment deleted?
• Personal attacks
• Derogatory remarks
• Name-calling of any sort
• Going off-topic
• Hate speech
• Racially-insensitive comments
• Implying guilt of a subject in a crime story before there is a court verdict
• Posting e-mail addresses
• Posting comments of a commercial nature
• POSTING WITH ALL CAPITAL LETTERS
• Linking multiple comments together with "to be continued..." to get around the 300 word limit.
The fine print
- Comments are either approved or denied. We do not edit comments.
- You are welcome to modify and resubmit a denied comment.
- Comments may take several hours to be posted.
- Comments posted are those of the writer, and do not necessarily reflect the opinion of NapaValleyRegister.com, its employees or its parent company.
- Do you have information on a story? Please go to our virtual newsroom to send us a news tip.
- If you feel a posted comment has violated our guidelines, please contact online@napanews.com or add a comment indicating you have an issue and our moderators will review the comment in question.
Search:
Web Search Powered
By Yahoo! Search
Napa Valley Register on Facebook
Copyright © 2009 Napa Valley Publishing, a member of Lee Enterprises, Inc.
Terms of Use | Privacy Policy