Police say Devyn Baldovino, 25, rear-ended Jordan Bailey, a mom with her three young children inside on Highway 140 in January of 2018. Her seven-year-old daughter, Madison, was killed.
Baldovino was indicted back in October and pleaded not guilty. Wednesday he changed his plea to guilty and was convicted and sentenced for criminally negligent homicide.
Baldovino was sentenced to 90 days in jail with three years of supervised probation. If he violates any of the conditions of his probation—then he’ll go to prison.
“In Oregon, felony sentencing is controlled by sentencing grid blocks and people’s criminal history scores,” said Jackson County Chief Deputy District Attorney Jeremy Markiewicz. “In this case, Mr. Baldovino has a low risk of recidivism, he has no prior criminally history. Yes, a life was lost, but what happens in this situation is he’s sentenced to 90 days in jail, and then he has the 18 months of prison hanging over his head during his three years of supervision.”
The Bailey family wasn’t in court for the sentencing but the D.A.’s office said the family was aware of the plea deal.
“To say I’m sorry does not truly reflect the way I feel about the tragic accident we were involved in,” Baldovino wrote in a prepared statement, read aloud by his defense attorney. “I will never be able to say or do anything that will replace what was lost by your family. There is not an amount of justice that could be put on me that would be worse than what I put on myself and I have to carry with me for the rest of my life.”
Investigators determined Baldovino had been texting while driving that night, including moments before the crash. While they said they can’t say for certain he was texting at the time, they said he was clearly distracted, as there was no indication he ever tried to stop the car.