PHOENIX, AZ — There was a major twist in a high-profile case Friday when the sentencing got delayed for the driver accused of killing three Grand Canyon University students in a wrong-way crash in 2022.
Judge Pamela Dunne recused herself at what was supposed to be an hours-long sentencing for 27-year-old Vincent Acosta. Her decision comes less than two months after she accepted Acosta's change of plea.
In October 2022, Acosta drove the wrong way on Interstate 17, crashing into three cars, including one with three GCU freshmen; 18-year-old Abriauna Hoffman of Clarkston, Washington, 18-year-old Magdalyn Ogden of Clarkston, Washington, and 19-year-old Elaine Balberdi of Kula, Hawaii.
"They had this vibrancy about them all three of them did," said Hoffman’s stepdad.
ABC15 sat down with Hoffman's mom and stepdad one year after the crash that killed their daughter along with her friends and GCU classmates.
"I was so excited for her," said Hoffman's mom, Sundie Woodbury. "She was just driven, and Maggie too."
Balberdi was from Hawaii, while Hoffman and Ogden were from the same Washington town. Hoffman's parents said it was Ogden's birthday, and the girls were going to celebrate with a trip to watch the sunrise at the Grand Canyon. On that early morning drive up I-17, the girls were hit near Table Mesa Road.
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DPS identified the wrong-way driver as Acosta. ABC15 was told the 27-year-old is from here in the Valley. Court documents said his blood alcohol content on the day of the crash was .129.
On Aug. 14, Acosta was back in court to officially change his plea. The stipulations of that agreement included pleading guilty to three counts of second-degree murder.
"It says you will be sentenced to the Arizona Department of Corrections between 18 and 22 years," read Judge Dunne. "The sentences shall run concurrently, meaning at the same time."
In court that day were members from all three of the GCU students’ families. Each person was emotional as they addressed the judge and at times Acosta. Many loved ones spoke out and said the agreement didn’t include enough time.
"18 to 22 years, what is that?" questioned Balberdi's mom, LuShanya Marquez. "He's still going to be able to come out and live a life? My daughter's life is done."
According to that agreement, Acosta’s license will also be revoked. On that day, Judge Dunne said she took notes while loved ones spoke, later addressing the families before accepting the plea.
"There is not a sentence that would do what I wish I could do for all of you, and that is, bring back your beautiful daughters," said Judge Dunne.
Ahead of sentencing, Hoffman's family shared hundreds of pages of letters they said were sent by loved ones to the court. They gave ABC15 permission to share some quotes.
"Selfishly, it hurts knowing that the world has been robbed of their love, but it hurts more knowing that they were robbed of life."
"They are loved and so deeply missed! So many of us have been impacted by Vincent's [Acosta] negligent choices."
Loved ones filled one side of the courtroom Friday for what was originally sentencing day. Many, ABC15 was told, flew in from all over the country.
But after around 30 minutes in her chambers with the attorneys involved in the case, Judge Dunne began the hearing by recusing herself. She apologized to loved ones who had flown in from all over the country.
"The plea does remain intact," said Judge Dunne.
She did not comment on her decision before or after court.
Maricopa County Superior Court staff told ABC15 Friday that a new sentencing hearing had been set for Oct. 8 in front of Sam Myer.
On Monday, ABC15 obtained video from a status conference hearing on September 26, the day before the scheduled sentencing. In that video, Judge Dunne explained her decision to attorneys and loved ones of the victims.
"So, the issue is that the court, upon reading the pre-sentence report and the attachments, no longer is willing to accept the stipulations in paragraph two," said Judge Dunne. "The term of art that is used is the court is rejecting the plea."
Paragraph two in the plea agreement addressed the expected prison sentence for Acosta. The expected length of time was something family members spoke out about at the August change of plea hearing.
Loved ones, through a victim advocate, asked for clarification on the reason the judge was making this decision.
"The reason the court is rejecting the plea is rejecting paragraph two," said Judge Dunne. "I'll state that is, it's this court's belief it's not a lengthy enough prison sentence."
Abe's mom thanked the Judge.
"Thank you Judge for noticing that our girls are worth more than what that agreement states," said Sundie. "We appreciate it."
Just days later, ABC15 sat down with criminal defense attorney Ben Taylor.
"It's very rare that this happens," said Taylor.
Judge Dunne noted this is only her second time in her 10 years on the criminal bench that she is making this type of decision. Acosta's defense attorney said during that hearing he hadn't experienced action happen in this "particular way" in 30-plus years.
ABC15 asked Taylor what the options would be for the new Judge taking the case.
"The new Judge who gets the case can decide to go through with the sentencing, or that Judge themselves could have an issue with the terms of the plea and decide to reject the plea again," said Taylor.
From there he told ABC15 the plea agreement could head to a third Judge. Or, as Judge Dunne noted during Thursday's hearing, the prosecutors and defense team could go back to the drawing board with a new plea.
