Mother of Fil-Am killed by drunk driver pushes for tougher DUI penalties in Nevada

LAS VEGAS, NV — David Fensch, the drunk driver who killed 16-year-old Fil-Am Jaelan Fajardo in February, is now serving the maximum sentence for driving under the influence resulting in death.

But the imprisonment of 8 to 20 years of jail time is not enough for Jaelan’s grieving mother.

“It is what it is, it’s the law but 20 years is not enough. My son’s life is worth more than 20 years, and then after 8 years he is eligible for parole. So I have to attend to that just to make sure that he doesn’t get it; that’s why the law needs to be changed here in Nevada to make it more strict for those offendors,” said Marcia Jonson.

47-year-old Fensch was found guilty for driving under the influence. The arrest report states that Fensch had taken Xanax, had four alcoholic drinks, and did not remember the crash at all.

The fatal crash happened in the early morning of February 9th. Jaelan was on his way to school when Fensch plowed into the back of his vehicle.

“I didn’t really feel anything when he was apologizing, it’a too late,” said his mother. “I think he was really sorry, he was crying at court. He really meant it. Ilang beses na siyang I think 4 times nag attend siya ng impact pannel ng DUI school; he never learned his lesson. He just continued to offend, until he killed my son.”

Jaelan’s mom, Marcia Jonson, says that life was never the same after her son’s tragic death.

“Home was my favorite place before a place where we spend time with family and relax now, home is the last place I wanna be coz its so quiet and it;s just quite and empty…. everyday, I still cry everyday, I still this anxiety and panic attack my chest, and my heart literally still hurts a lot.”

Marcia pleads for a stronger penalty on DUI and repeat offenders. She is asking Nevada legislatures to sponsor a bill, calling the proposed law the “Jaelan Law” to increase DUI penalties.

Jaelan’s law proposes that first-time offenders spend a minimum of 1 year jail time, increased fines, and for an ignition interlock device installed on their vehicle.

Jaelan’s law also proposes for 2nd offenders to have a minimum of 3 years jail time, their license revoked, impact panels, and that DUI offenders should be registered, similar as sex offenders.

“Third offense should be a minimum 5 years in jail with no parole, and if a fatality is involved on any offense the charge should be vehicular homicide, with the commiserate 25 years to life sentence. There is no one out there who has received a license, that does not know that driving under the influence can be a deadly risk.”

Marcia adds that in this age of rideshares and taxis, too many lives are lost because of the leniency of laws in regards to DUI. She says thousands have suffered and lives were lost, including her only son Jaelan.

 

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