Victim’s family forgives alleged drunk driver who killed 37-year old man

IDAHO FALLS — A 22-year-old was sentenced Tuesday for allegedly causing a May 2023 car crash that killed a Shelley man.

Emerson Martin Garcia Calderon was sentenced by District Judge Dane Watkins Jr. to a minimum of five and a maximum of 15 years in prison. He will be given credit for two years’ time served.

Garcia Calderon will also be required to pay $7,872.60 in restitution. He was initially charged with felony vehicular manslaughter for a crash on May 28, 2023, that killed 37-year-old Jared Eborn.

Obituary | Jared Craig Eborn | Nalder Funeral Home

According to court documents, Garcia Calderon’s blood alcohol content at the time of the crash was 0.21. The legal limit for a driver under the age of 21 is 0.02.

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In February, Garcia Calderon accepted a plea agreement in which he agreed to offer an Alford plea to the felony charge. An Alford plea is a guilty plea where a defendant continues to assert their innocence but admits a jury would likely find them guilty with the evidence presented.

Both sides agreed they would be free to argue any amount of prison time during the sentencing.

Sentencing

During the sentencing, three of Eborn’s relatives provided statements, telling Garcia Calderon how his actions took the life of their loved one and changed their lives forever.

“Dear Emerson. I want you to know that what happened May 28th, two years ago, the night before my mom’s birthday, was achingly tragic, and it changed my family forever,” said Eborn’s brother. “I looked up to my big brother, and because of who he is as a person, he was also my best man at my wedding.”

Eborn’s brother continued, saying that Eborn was a role model as a father and that the loss has “gravely affected” Eborn’s children, but he mentioned that he feels compelled to forgive him.

“With my brother’s death, I was numb and have been numb for some time, and I’ve struggled, but I’ve had to seek God’s heart and not lean on my own understanding,” said Eborn’s brother. “I know God’s love for you is irreversible. And for that, I feel encouraged to forgive you.”

A sister of Eborn’s also spoke, describing Eborn as kind and softhearted.

“Emerson, Jesus tells us in Matthew to forgive, not seven times, but 77 times. So I want you to know that I forgive you. And I know that what you caused my family was not on purpose,” said Eborn’s sister. “The decision you made to drink and drive that night was one of the many, many things that Christ died for.”

Eborn’s mother was the last of his relatives to speak, stating that no parent should ever lose a child but telling Emerson that she prays for him.

“My heart years for my son every single day, and while I know Jared will never come back, I find strength in my faith as a Christian, and as someone with a solid relationship with the Lord,” said Eborn’s mother. “Emerson, when I saw you enter the courtroom, my heart sank. There stood a young man wearing a cross around his neck, and at that moment, I was reminded that you, too, are a child of God. And my emotions shifted.”

The mother concluded by telling Garcia Calderon that if she was allowed to, she would’ve hugged him “so he can feel the power of the Holy Spirit and know that God loves him.”

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Bonneville County Prosecutor Randy Neal then recommended an indeterminate sentence of 15 years in prison, saying Eborn deserved to live the rest of his life, but it was cut short by Garcia Calderon’s actions.

“When Jared’s life was cut short, we don’t know all of the things that would have come had this incident not intervened and stopped all those experiences that lay ahead,” said Neal. “When we talk about a crime that has resulted in death, we just can’t look at the fact that a life was taken, but that the impact of that death creates victims generationally.”

Garcia Calderon’s defense attorney, Jason Gustaves, recommended a minimum of two and a maximum of five years in prison, noting that his client has been in jail for the entirety of one of his children’s lives and that this is his first run-in with law enforcement.

“In one sense, Mr. Garcia understands the loss that comes from this because he has been restricted from his own child,” said Gustaves. “He has been able to see him on video and things, but that’s something that affects him as well.”

Gustaves also mentioned for mitigation purposes that Eborn’s lab results came back with multiple drugs in his system at the time of the crash.

“The lab report indicated that (Eborn) had hydrocodone, Prozac, THC, antidepressants, anti-anxiety meds, and amphetamine in his system as well,” said Gustaves. “So, functionally, we have two people driving with substances and impairments, and it’s very possible that Mr. Eborn was impaired, and he didn’t even see it, couldn’t even get out of the way due to those substances.”

Gustaves also mentioned that the pre-sentence investigation documents mention that Garcia Calderon will be deported to his origin county of Honduras following a prison sentence. According to the attorney, Garcia Calderon came to the United States to with multiple family members at 17-years-old to work.

The attorney then read a letter written by his client, pleading with the judge to let him out of custody so he could be with his family.

“I am sorry for what I did. The time I have been incarcerated has made me reflect and I want to change and be a better person,” wrote Garcia Calderon. “Going out and being with my children is what I want most. Right now, they need me by their side. I want to be a better father to them and be a better person for society.”

Garcia Calderon also made a statement in court to address Eborn’s family, apologizing for causing his death.

“I want to apologize to the family that was affected. What I did, I know it was wrong. It was something that was not my intention,” said Garcia Calderon. “I want to let them know that I do feel bad for his death. All this time that I’ve been in custody, I have felt bad for his death.”

Judge Watkins spoke to Garcia Calderon before ruling, saying he heard statements from the victim’s family during the sentencing hearing that he had never heard before.

“I’ve never heard someone who has lost a loved one turn to someone sitting at that table and say he loves you,” said Watkins. “Nor have I ever heard a sister say, ‘I have no ill will toward you.’ Nor have I ever heard a mother who has that heartbreak, that ache, that devastation, that loss, suggest that she would hug you if she could.”