Sentencing of driver who killed 3 students brought to shuddering halt by judge's sudden decision

The hearing was cut short afer Judge Pamela Dunn made a last-minute decision.

PUBLISHED SEP 28, 2024

Costa was accused of driving the wrong way and killng GCU students Abriauna Hoffman, 18; Magdalyn Ogden, 18; and Elaine Balberdi, 19.

Phoenix, Arizona: The sentencing of Vincent Acosta, the driver accused of causing a fatal wrong-way crash that killed three Grand Canyon University (GCU) students in 2022, has been delayed by a stunning turn of events. The hearing was cut short afer Judge Pamela Dunn made a last-minute decision to recuse herself from the case.

The court proceedings, which were scheduled to include Costa’s sentencing, were brought to an abrupt end by Judge Dunn.

The court proceedings, which were scheduled to include Costa’s sentencing, were brought to an abrupt end after Judge Dunn and the attorneys met in her chambers for nearly 30 minutes. Upon returning, Judge Dunn announced that she would be stepping down from the case, stating, "The court does need to recuse."

Apologizing to family members and friends of the victims who had traveled to attend the hearing, the judge explained that a new judge would be assigned to handle the sentencing.

“The court extends apologies to everyone on both sides who traveled here today because this court will no longer be on the case,” she added.

Later Judge Dunne revealed the reason for her recusal: “It’s this court’s belief it’s not a lengthy enough prison sentence. I hope everyone understands the court was not trying to make this difficult for any next of kin or more stressful than it already is. I’ve been on the criminal bench for ten years and this is only the second time I’ve felt compelled to reject a plea, reject the sentencing provisions.”

Costa agreed to plead guilty to three counts of second-degree murder for the October 2022 crash on I-17 near Table Mesa Road. He was accused of driving the wrong way and fatally colliding with a vehicle carrying three GCU students: Abriauna Hoffman, 18; Magdalyn Ogden, 18; and Elaine Balberdi, 19.

Under the terms of the plea deal, Costa was expected to serve a prison sentence of 18 to 22 years, with the sentences for each count running concurrently.

Dunn also clarified that as she had previously accepted Costa’s plea agreement in August, the new judge would proceed with sentencing under the same terms. Although whether the new judge would reject the plea as well is yet to be determined.

Costa was accused of driving the wrong way and fatally colliding with a vehicle carrying three GCU students.

Acosta's sentencing has been rescheduled for October 8. The case has been reassigned to Judge Sam Myers.