Latest news with #Rosenda'sLaw
Los Angeles Times
20 hours ago
- Health
- Los Angeles Times
‘Either there will be safer streets in Newport Beach or I'll be dead,' says father of young DUI victim
Good morning. It's Wednesday, June 4. I'm Carol Cormaci, bringing you this week's TimesOC newsletter with a look at some of the latest local news and events from around the county. On the last Sunday of May there was a somber assemblage near the Balboa Fun Zone to mark the first anniversary of the death of a 14-year-old girl mowed down in a DUI crash on the evening of Saturday, May 25, 2024. Rosenda Elizabeth Smiley, 'Rose' to all who knew her, had been enjoying a day in Newport Beach with friends after making the trip there that Memorial Day weekend from her dad's home, about 20 miles away from Big Bear Lake. They were in a crosswalk about a block from the Fun Zone when a dark sedan knocked Rose down. By the time first responders made it to her side she had succumbed to her injuries. Joseph Alcazar, 30, of Fontana, the man behind the wheel of the car, remained at the scene, where he was interviewed by police officers and arrested. Four days later he was charged with second-degree murder and two counts of driving under the influence and causing injuries, along with a misdemeanor count of child abuse and endangerment, the latter charge filed because Alcazar's own 8-year-old daughter was in his car that night, the Daily Pilot reported. His blood-alcohol level at the time of the crash was .16, prosecutors alleged in the complaint, twice the legal limit. In no time, a makeshift memorial filled with flowers took shape on a curb near where Rose's death occurred, and a vigil was organized to mourn yet another innocent victim of a DUI crash. The teen's mother and father — Glori Smiley and Fillmore Smiley — though divorced, were united not only in their grief, but also in their determination to stop such accidents from ever happening again in Newport Beach. With the support of Glori and his partner Lori, Fillmore Smiley has been lobbying city officials to install elevated and blinking crosswalks at some of Newport's heavily trafficked intersections and possibly implementing portions of a 'Vision Zero' policy adopted in Sweden 30 years ago that cut traffic-related deaths in half, reporters Sara Cardine and Eric Licas related in this Daily Pilot story about the anniversary vigil. He's not yet been successful with those pleas, he said. Smiley, a recovering addict himself with 21 years of sobriety who earned his doctorate and counsels others battling addition, is also asking Southland pols to introduce into the state Legislature 'Rosenda's Law.' It's a proposed bill that would impose tougher penalties for repeat DUI offenders and even passengers who knowingly get in a car with a drunk driver. According to The Pilot, Rosenda's Law 'suggests treatment for initial offenders and mandatory drug court for a second DUI. A third conviction would incur a 16-month minimum sentence and a fourth offense would call for five to 10 years. Anything after that would come with a life sentence.' The passengers who willingly climbed into a vehicle driven by someone under the influence could be charged with a misdemeanor reckless endangerment charge that would be erased after a series of educational classes, Smiley explained. Few legislators he's spoken to have wanted to take on introducing the proposed law, except for Assemblyman Tom Lackey (R-Palmdale). On May 27, the state Assembly declared May 25, 2025 'Rosenda's Day,' via a resolution introduced by Lackey. Smiley traveled to Sacramento for the occasion. 'In the past year, Rose's family members and friends, clad in pink T-shirts, bearing a rose and a picture of the teen with the words 'JusticeForRose,' have packed every courtroom hearing ahead of Alcazar's impending trial for murder, felony DUI and child endangerment,' according to the story. Smiley has also formed the group 'Rosenda's Gift' to help the families of other victims secure remembrances such as memorial plaques and benches, tributes he considers 'cathartic.' As to striking out — so far, anyway — with Newport Beach officials in his lobbying efforts for pedestrians to be made safer from the threat of DUI drivers, Smiley is determined to keep going. 'If I can't get Newport Beach to work with me and do the right thing, maybe I can do something at the state level and get some things implemented,' Smiley told The Pilot. 'I'm going to keep at it — either there will be safer streets in Newport Beach or I'll be dead.' • Much to the surprise of Mayor Pat Burns and others in the know about Huntington Beach's stand with President Trump against illegal immigration, Surf City was the only Orange County municipality on this list of sanctuary cities that was released Thursday by the Department of Homeland Security, accusing them of 'defying federal immigration law.' Curiously Santa Ana, an actual sanctuary city, did not. The list was taken down sometime Sunday, the Daily Pilot reports. Burns called the city's inclusion on it either a misprint or a serious mistake and notified the DHS of its error. National Sheriffs' Assn. President Sheriff Kieran Donahue called the list 'arbitrary' and created without any input, criteria of compliance or method of objecting to the designation, The Pilot reported. Before the list was removed from the DHS website, Secretary of Homeland Security Kristi Noem defended it Sunday morning on a Fox News program. 'Some of the cities have pushed back,' she said. 'They think because they don't have one law or another on the books that they don't qualify, but they do qualify. They are giving sanctuary to criminals.' • The coastal rail linking Orange and San Diego counties is expected to resume service next month after closing in April when the California Coastal Commission approved emergency construction because sections of the rail were reported to be unstable. Service from Dana Point in south Orange County to Oceanside in San Diego County — is set to resume June 7, the Los Angeles Times reports. • Civic leaders turned out last week to cheer the wrecking ball when Anaheim demolished yet another seedy motel along Beach Boulevard, the former Rainbow Inn, to make way for much-needed town homes and affordable housing units. 'We want to clean up this area in west Anaheim,' Rep. Lou Correa said at a press conference in front of the motel, according to this TimesOC story on the demolition. 'This is what good government is all about. It's about listening to our locals, to our constituents, responding to their needs and moving forward.' • Some 4,000 people attended the California Democratic Party annual conclave at the Anaheim Convention Center over the weekend. Speakers on Saturday included possible 2028 presidential hopefuls Minnesota Gov. Tim Walz and New Jersey Sen. Cory Booker. • Dismayed that his fellow state legislators are not taking up his battle to allow licensed manicurists to work as self-employed contractors without taking a rigorous test now required by law — even though licensed barbers, cosmetologists, estheticians and electrologists can continue the practice without it — Republican Assemblyman Tri Ta announced Monday he was filing a federal discrimination lawsuit. Ta noted that 82% of manicurists in California are Vietnamese, with 85% of those being women. 'This lawsuit seeks only one thing — to make sure that all professionals in the beauty industry are treated equally and to eliminate the obvious discrimination against the Vietnamese community,' the complaint reads. • The Mission Viejo City Council last week moved forward with the adoption of an updated state map that identifies homes in 'very high' or 'high' wildfire hazard zones. The approval was made with some reluctance, according to TimesOC, as residents raised the specter of how much their already-high homeowners insurance would be raised as a result. 'Mission Viejo is one of 16 Orange County cities with very high wildfire hazard areas,' reporter Gabriel San Román explains. 'Adoption of the Cal Fire map is mandatory and cities do not have the authority to change the risk designations, though they can offer feedback to scale an area's hazards upward.' • A 657-unit mixed-use development to be built on the former site of a Boomers family amusement center in Fountain Valley is on the table. If it gains all the necessary approvals, the Magnolia street project will help the city meet its state-mandated Regional Housing Needs Assessment, under which Fountain Valley must add 4,839 residential units by 2029. • Orange Coast College students in the aquarium science program on Friday released 200 tagged white seabass into the ocean at Bayside Beach, near the Orange County Sheriff's Harbor Patrol Division office. The college coordinated with the nonprofit Get Inspired, which works with O.C. schools to nurture white seabass, green abalone, Pismo clams and other species before releasing them into the ocean. Before Friday's release, students spent a few months caring for the fish on campus, said Mary Blasius, instructor and aquarium coordinator for the Orange Coast College Dennis Kelly Aquarium. • In hopes of reducing air pollution, the Buena Park City Council plans to hold a study session where it will learn about the possibility of banning delivery trucks from idling while making their rounds. The session was proposed by Councilmember Susan Sonne, according to this TimesOC article. 'Pollution is certainly a big concern here, because in my district, there's a number of commercial areas that back up against homes,' she said. 'There's also a noise consideration, and I've had residents who've reported large commercial trucks that have idled, not just for a few minutes, but for hours in the middle of the night.' • Costa Mesa police on Tuesday were searching for leads in a homicide case, with the suspect still at large, after a 20-year-old woman who was found shot on a Lukup Lane sidewalk Monday night died from her injuries. The victim was identified as Monserrat Colorado, of Huntington Beach. • Four male suspects from Riverside, including one juvenile, were arrested Sunday night after a man was shot during an altercation near a bar at Oceanfront and 23rd Street on the Balboa Peninsula in Newport Beach. • Orange County Superior Court Judge Judge Gary Paer began hearing the case early this week of 45-year-old Nolan Pascal Pillay, who was charged with two counts of murder with special circumstances in the deaths of his mother and brother on Jan. 31, 2017 at their Irvine home. On Tuesday, Pillay, who on Monday waived the right to a jury, was ruled insane when the crime occurred by Paer and is facing an indefinite commitment to a state mental hospital. • A 14-year-old armed with flare gun who allegedly shot and killed a 29-year-old man in Huntington Beach on the night May 23 was taken into custody, according to police. The victim, who died later at a hospital, was identified by the Orange County Coroner Division as Jose Manuel Nares of Huntington Beach. Police are seeking security camera footage and additional information. • The trial started last week in the murder case against Antonio Calizto Navarrete, a 45-year-old convicted drunk driver accused of killing Isadora Stabel, 20, on Aug. 22, 2020 in Irvine. Calitzto Navareete is charged with second-degree murder, hit-and-run with permanent and serious injury and driving under the influence of alcohol in excess of the legal limit of .08% causing injury, all felonies. • Having put in a lot of work after losing 15-3 its first game of the season to Woodbridge, the Estancia High School baseball team on Saturday captured its second CIF championship. Senior Jake Humphries, the only remaining player from the program's first CIF title team in 2022, hit a bases-loaded triple to deep right field in the bottom of the seventh inning to score three and help Estancia earn a 4-3 victory over Pasadena Marshall. • For the first time in three long decades, the Marina High School softball team is basking in the glow of having won the CIF title. Avi Valbuena and Eva Mazzotti each drove in four runs, as Marina beat Westlake 8-1 on Friday at Deanna Manning Stadium. • Four Newport Harbor High School Sailors made a splash when they helped Team USA Cadet win women's water polo gold at the recent Pan Am Aquatics Championship in Medellin, Colombia. • Someone who purchased a Powerball lottery ticket at a supermarket in Orange for the May 28 drawing is $1.23-million richer, according to California Lottery officials, having picked five of the six winning numbers. The entire jackpot in the very next Powerball draw, held Saturday night, is worth $204.5 million and is going to someone who purchased the lucky ticket at a 7-Eleven in Arleta, a San Fernando Valley neighborhood. • Watermark Laguna Niguel senior living community recently debuted a unique exhibit titled 'Feeling Our Age,' featuring portraits of older women 60 years or older painted by artist Kathleen Cosgrove. What makes the project especially compelling is that each one of those artworks is accompanied by a personal essay written by the portrait's subject sharing her own experience while aging. • Byblos Cafe served Mediterranean cuisine and was a favorite in the Orange Circle for 36 years when its owners, Adel and Zalfa Mahshi, decided they were ready to retire and hand the business over to their son, Tim. There was one obstacle: Tim Mahshi fell ill. So the couple spoke to a regular customer and the owner of a neighboring restaurant, JT Reed of Bosscat Kitchen and he offered to become a partner, to collaborate and mentor Tim Mahshi so the family could keep it. The two new partners transformed Byblos Cafe into the quick service Baba G, which recently opened its doors. My colleague Sarah Mosqueda tells the whole story in this feature article. • Bowers Museum has opened its latest exhibit, 'World of the Terracotta Warriors: New Archaeological Discoveries in Shaanxi in the 21st Century.' The museum is the first in North America to host the new traveling exhibit, which features more than 110 recently unearthed treasures, according to this TimesOC story. It will be on view through Oct. 16. Bowers Museum is located at 2002 N. Main St. Santa Ana. Hours are 10 a.m. to 4 p.m. Tuesday through Sunday. For tickets visit • 'Feed me!' The annual announcement of this event always brings to my mind the musical 'Little Shop of Horrors' and its man-eating plant, Audrey II: The day of the Carnivorous Plant Show and Sale at Sherman Library & Gardens is almost upon us. Presented by the Southern California Carnivorous Plant Enthusiasts, the judged show will take place from 10:30 a.m. to 4 p.m. on Saturday, June 14. The Sherman is located at 2647 East Coast Highway, Corona del Mar. Admission is $5. • Orange County Museum of Art on June 21 will open 'California Biennial 2025: Desperate, Scared, But Social,' a new exhibit featuring artworks that span generations, from early works from established California artists to contemporary collaborations between artists and their children. The exhibit took its title from the 1995 album by Orange County riot grrrl band Emily's Sassy Lime. OCMA is located at 3333 Avenue of the Arts, Costa Mesa. Hours are 11 a.m. to 6 p.m. Wednesday through Sunday. Admission is free. Until next Wednesday,Carol We appreciate your help in making this the best newsletter it can be. Please send news tips, your memory of life in O.C. (photos welcome!) or comments to
Los Angeles Times
6 days ago
- Los Angeles Times
Family of teen killed in DUI crash near Balboa Fun Zone mark somber anniversary
Memorial Day weekend — a time for poignant reflection on loss, duty and sacrifice — is something Fillmore Smiley will never forget. That's when his 14-year-old daughter, Rosenda Elizabeth Smiley, was struck and killed in a crosswalk by a drunk driver while visiting the Balboa Fun Zone in Newport Beach with a group of teen friends on May 25, 2024. Rose, as her family calls her, had come to Orange County that Saturday afternoon from Smiley's house roughly 20 miles away from Big Bear Lake, a last-minute edit to an earlier plan that would have kept her in Lake Arrowhead Village, closer to home. She was walking with two girlfriends in a crosswalk at the crowded intersection of Balboa Boulevard and Palm Street, after a motorist waved for them to cross, when 30-year-old Fontana resident Joseph Alcaraz allegedly cut through a right-hand turn lane in an attempt to drive through the intersection. The teen was killed, while a friend's foot was run over by Alcazar's sedan. The driver's 8-year-old daughter was in the vehicle with him, along with an adult male friend in the passenger's seat. The driver had a blood alcohol level of .16 — twice the legal driving limit — and two prior DUI convictions. Smiley, who had stayed home that day, knew something was strange when Rose hadn't returned a message on Snapchat in her usual speedy fashion. Then a call came in from her cellphone, followed by an immediate hangup. A few seconds later, a friend of Rose's called with the news. 'She said, 'Rose is dead, I'm not even kidding.' Then an officer got on the phone,' he recalled in an interview Thursday. 'For just a moment, the world stood still. I remember thinking nothing would ever be the same again.' And if the 56-year-old father of two has his way, nothing will be the same again on the streets of Newport Beach. With support from his ex-wife Glori, Rose's mom, and his longtime partner Lori, Smiley has been lobbying city officials to implement safety measures to make conditions around Balboa Peninsula safer for pedestrians and protect against future drunk drivers. He's met with Newport Beach officials about placing elevated and blinking crosswalks at certain heavily trafficked intersections and possibly implementing portions of a 'Vision Zero' policy adopted in Sweden in the 1990s that cut traffic-related deaths in half. So far, his pleas are landing on deaf ears, he said, but that won't stop Smiley and his family. 'If I can't get Newport Beach to work with me and do the right thing, maybe I can do something at the state level and get some things implemented,' Smiley said. 'I'm going to keep at it — either there will be safer streets in Newport Beach or I'll be dead.' The same core group has also been pressing legislators in Orange and San Bernardino counties to introduce 'Rosenda's Law,' a bill that would impose tougher penalties for repeat DUI offenders and even passengers who knowingly get in a car with a drunk driver. A recovering addict with 21 years of sobriety, Smiley got a business degree from USC, went on to earn his master's in forensic psychology and a doctorate in clinical psychology. Today he counsels others trying to overcome addiction. In that role, he's seen addicts rack up DUIs, then have them expunged over time, only to go out and reoffend years later. He's heard every excuse in the book and believes imposing jail time can force people to contemplate, and then actually begin the recovery process. 'Rosenda's Law' suggests treatment for initial offenders and mandatory drug court for a second DUI. A third conviction would incur a 16-month minimum sentence and a fourth offense would call for five to 10 years. Anything after that would come with a life sentence. 'What we need is research-supported intervention, and the research shows that forced treatment works,' Smiley reasoned. 'And drug court works — it not only saves lives, it saves money.' Under the proposal, passengers could also be charged with a misdemeanor reckless endangerment charge that would be erased after a series of educational classes, what Smiley calls a 'diversion approach' that would prohibit people from making the same mistake twice. So far, Smiley has reached out to legislators but few, besides Assemblyman Tom Lackey (R-Palmdale), seem motivated to act. On Tuesday, Smiley traveled to Sacramento, where the state Assembly declared May 25, 2025 'Rosenda's Day,' via a resolution introduced by Lackey. In the past year, Rose's family members and friends, clad in pink T-shirts, bearing a rose and a picture of the teen with the words 'JusticeForRose,' have packed every courtroom hearing ahead of Alcazar's impending trial for murder, felony DUI and child endangerment. JusticeFor Rose is also a Facebook page that provides updates on advocacy efforts and memorializes the teen's clever wit, infectious laugh and compassion for others. Having raised the funds for memorial benches and plaques in Newport Beach and spots special to Rose and those she loved, Smiley has formed the group 'Rosenda's Gift' to help the families of other victims secure similar remembrances. 'There are all these families out there, and memorials are cathartic for people,' he said. 'My daughter lost maybe 70 years of life, so the thought of her name not being spoken and people forgetting her saddens me deeply.' During a one-year commemoration of Rose's death last Sunday, the teen's family and friends held a candlelight vigil near the spot where a shrine stood for 11 months before the city of Newport Beach removed it. There, Glori Smiley shared how her daughter's killer partied on the beach with family members who likely knew of his past run-ins with reckless, drunken driving, yet did nothing to stop him from getting into a car that fateful evening. 'If even one person in that group had taken the keys, called him a ride or spoken up we, would not be here mourning the loss of a beautiful life,' she said. 'I made her a promise that night that something good would come from this heartbreak. That promise lives on in our commitment to advocate for change in how we educate and treat DUI offenders. It's the only way to ensure no other family has to endure this unbearable, unimaginable and utterly preventable pain.' Eric Licas contributed to this report.
