A Las Vegas judge has drawn widespread condemnation for sentencing a driver who killed a teenager to probation instead of prison time. Eighth Judicial District Judge Jennifer Schwartz handed down the sentence to Jesus Barraza, 21, this week, sparking outrage from the victim's family and prosecutors.
Barraza was found guilty in June of reckless driving resulting in death for a March 2024 collision that killed 17-year-old Devin Heath. Jurors reached their verdict in less than an hour.
Heath's father, Raymond, called the ruling "trash" and stated, "I don't feel like justice was served." He expressed his devastation, saying, "Let’s all go out and run people over and kill them and just get probation." Heath, an aspiring firefighter, was weeks away from graduating high school when he was struck by Barraza's Chevrolet Silverado while crossing the road at night. Prosecutors stated Barraza was traveling 73 mph in a 30 mph zone at the time of the crash. Footage showed Heath attempting to evade the vehicle before being hit.
Barraza received a suspended sentence of 28 to 72 months. His probation terms include a curfew, restitution, mandated employment, and driver's safety classes. He must also complete 100 hours of community service. Judge Schwartz cited Barraza's age at the time of the incident, stating he was 19 and "a child" who killed "a child," and told him, "This is your one shot."
Even Barraza's defense attorney, Philip Singer, expressed surprise at the leniency of the sentence. "I know Judge Schwartz is fair and fair to the defense, but I thought with an election year being in the wind and the devastation that the family expressed, I thought his living a perfect life was going to go out the window, but thank goodness it didn’t," Singer said.
Prosecutors voiced their dismay, with Deputy District Attorney Corey Hallquist remarking, "The message that was sent is that you can go and drive recklessly on the road here in the valley, go over double the speed limit, you can take a young child’s life and you can get probation." Chief Deputy District Attorney Chad Lexis added that the sentence was "disheartening and shocking."
During the sentencing, Barraza offered an emotional statement to Heath's family, saying, "I do not expect your forgiveness and I have no right to ask it." He added, "I want you to know that I wake up every day with the weight of what I have done and will carry that for the rest of my life."
Raymond Heath described his ongoing grief, stating he sits in his son's bedroom daily and talks to him as if he were still there, as it is the only place he can feel his presence. He added that he has not been able to clean or change the room since the accident. "Devin changed my life and I don’t know if he ever realized it," he said. "He made me grow up. He gave me purpose. He gave me a reason to become a better man than I’d ever been."
