Lee woman takes plea deal in DUI manslaughter case, gets 10 years in prison

Marcela Ortega lost her husband, was seriously injured and was saddled with hundreds of thousands of dollars' worth of medical bills when a drunken driver plowed into her disabled minivan on the side of a highway nearly two years ago.

On Wednesday, clutching to the walker that enables her to move around, Ortega, 54, forgave Samantha Robson, the woman accused of causing the crash, during an emotional exchange at Robson’s plea hearing and sentencing.

“Not only did I lose my husband, but this also has brought a lot of destruction to a family,” Ortega, fighting back tears, told Robson through an interpreter.

“My health suffered a lot. But I would like to tell her that from the bottom of my heart I forgive you.”

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Robson, 35, of Fort Myers, accepted a plea deal and was sentenced to 10 years in state prison with a four-year minimum mandatory sentence. She also agreed to pay $100,000 in restitution to Ortega.

Robson pleaded no contest to felony charges of DUI manslaughter and DUI causing serious bodily injury. She could have been sentenced to a maximum of 20 years had the terms been imposed consecutively. The minimum sentence under the state’s guidelines would have been 14 years.

“It is a below, slightly below, guidelines plea,” Assistant State Attorney Mara Marzano told Collier County Circuit Court Judge Christine Greider. “The victim’s need for restitution far exceeds need for further incarceration.”

Marzano said Ortega’s medical bills are “well beyond” $400,000.

“There is need for continuing medical care as she moves forward in this,” she said. 

Robson’s defense attorney, Shannon McFee, said the money was transferred to his trust account from a “third-party payer” and would be given immediately to Ortega. 

McFee declined to say who the third party is, but Ortega’s attorney, John Cardillo, said the money did not come from Robson or her family.

“A friend is all I know,” Cardillo said when asked whether he knew who offered the money. 

Robson also faced misdemeanor charges of DUI (second offense), DUI with damage to property and refusing to submit to a DUI test after her license had been suspended. Those charges were dropped as part of the plea deal.

Florida Highway Patrol troopers said Robson appeared intoxicated just after midnight Aug. 30, 2015, when they responded to a crash on Interstate 75 near Collier Boulevard, where Leandro Benitez, 50, was killed and Ortega was seriously injured.

Troopers determined that Robson was driving when she drifted off the highway and slammed into Benitez's Toyota minivan, which was on the shoulder. 

Robson’s Volvo SUV hit Benitez and Ortega, both Collier residents, as they stood outside the van, investigators said.

Troopers said Robson failed field sobriety tests at the scene and refused to give a blood sample. One later was taken in an ambulance, according to an FHP arrest report.

Robson’s blood alcohol level that night was 0.209, McFee said. The legal limit in Florida is 0.08.

Under current law, after Robson is released, she would not be allowed to get her driver’s license back in Florida, Greider said. If that changes, Robson will be required to install an ignition interlock device in her vehicle for two years, she said. 

McFee said Robson was “extremely remorseful” and called the case “gut-wrenching.”

“It’s a tragedy all the way around,” he said. “Samantha is a very good person who made a terrible mistake, and because of that at least two families’ lives have been ruined.”

McFee said Wednesday’s emotional exchange between Ortega and Robson “was something you rarely see.”

Both women were in tears as they talked in the nearly empty courtroom.

Ortega, a mother of three, told Robson the important thing is that she “really changes something genuine” and “learned an important lesson.” She said her faith had allowed her to forgive Robson.

“And I ask God to touch your life deeply so you can change,” Ortega said. “It doesn’t really matter why you drank alcohol or took drugs or whatever. People do that because they’re empty, and I think that God can help you to deal with that emptiness.” 

Robson, dressed in an orange jump suit, thanked Ortega.

“I just wanted to apologize to Ms. Ortega,” Robson said, "and thank her for her forgiveness, and I hope for the best for her and her family.”