Roberto Nitschke's parents believed things couldn’t possibly get worse after a single-car collision left their son paralyzed from the chest down last September.
Roberto, 30, crashed his Jeep into a tree near the intersection of Melrose Dr. and Cannon Rd. in Vista.
He was found unconscious and taken to the hospital, where doctors placed him in a medically induced coma. When Roberto regained consciousness, he couldn't move his legs, and had limited control of his arms. Doctors told him the collision had severed his spinal cord, and his injuries could not be fixed.
Since returning home from the hospital, he has lived his entire life in bed, or in a specially equipped power wheel chair. He suffered a slow-healing bed-sore, has little or no control over his bowels and bladder, and must take narcotics to control nerve pain. The spinal trauma left Roberto's body unable to control its blood pressure, so he passes out if he sits upright for too long.
Yet three days before Christmas, things got even worse for the Nitschke family.
They got a letter in the mail from the District Attorney informing them that Roberto had been charged with driving under the influence. Roberto already had a DUI conviction, and if convicted a second time, he'd be required to serve 96 hours in county jail and complete an 18-month DUI second-offender's program.
Roberto’s family maintains he is not guilty of the alleged DUI. But if convicted, they say he'd never be able to serve the required time in custody or attend the required classes due to his condition. They say Roberto's condition is so fragile, his life would be at risk if he attended his own trial, which is now scheduled for November 1.
"He is already suffering," says Sheryl Nitschke. "How much more suffering does he need?"
Mrs. Nitschke said there is no reason for the district attorney to punish her son, and her entire family, by pursuing the DUI charges. She added that Roberto will never drive again and is not a threat to anyone.
"He is already a prisoner in his own body," she says. "He is not a menace to society."
Roberto’s attorney, Robert Ford, said he met with the prosecutor Monday in an attempt to settle the case. If the two sides can't come to an agreement by November, the DUI case against Robert could go to trial.
Neither defense attorney Ford nor prosecutor Terri Perez would discuss the plea negotiations or the possibility of a pre-trial settlement, but Perez said Roberto, like all drunk driving suspects, should be held accountable for their alleged crime.
“Our concern is public safety,” Perez said. “He has a prior DUI conviction, and we have to balance any concern for his physical limitations with public safety.”
Perez says if Roberto is convicted, it will be up to a judge to decide how Roberto should be punished.
The prosecutor said the judge will likely take Roberto’s condition into consideration, Perez said, and may drop the 96-hour jail requirement on the condition that he won’t drive.
But Roberto's family says this entire process is an exercise in futility, a waste of tax payer money, and a terrible burden for Roberto.
If if were up to you, how would you handle Robert’s case? Comment below or send us a Tweetvia Twitter @nbcsandiego or add your comment to our Facebook page.
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