Drunk Driver Gets 1 Year In Jail For Fatal San Carlos Crash, May Be Freed In 1 Week

REDWOOD CITY (CBS SF) -- A driver who pleaded no contest to charges that he fatally struck a pedestrian in a DUI hit-and-run in San Carlos last year was sentenced Wednesday to a year in county jail, but he could be out of custody in a week, according to San Mateo County District Attorney Steve Wagstaffe.

Randall Scott Rubingh, 51, of San Carlos, veered across incoming traffic and into the opposite bicycle lane in the 2100 block of San Carlos Avenue, where 53-year-old Christopher Ricci and his wife were walking around 10:30 p.m. on April 23, 2016.

Ricci was killed, although his wife was unharmed. Rubingh was apprehended roughly 30 minutes later at a Safeway in Belmont, where prosecutors say he had gone to buy more alcohol.

Rubingh told investigators he'd consumed four drinks at a restaurant prior to the crash, and he performed poorly on field sobriety tests.

A blood sample obtained hours later indicated he had a 0.13 percent blood-alcohol level, but Wagstaffe said that at the time of the crash it was probably closer to 0.23 percent.

Rubingh has been in custody ever since on $275,000 bail. This May, he pleaded no contest to felony vehicular manslaughter while under the influence of alcohol and felony hit-and-run involving injury.

During Wednesday morning's sentencing, Rubingh reportedly cried in court and apologized to the victim's family.

Judge Donald Ayub sentenced him to one year in county jail, which can also be served in an alcohol addiction treatment facility, and five years of supervised probation with 800 hours of public service after his release.

If he's already applied to a program, and it agrees to accept his application, Rubingh could be out of jail next week, according to Wagstaffe.

"His tears don't make me forgive what he did," Wagstaffe said.

"It's another example of where alcohol abuse harms innocent victims," he added. "It's extraordinarily disappointing and disturbing that he would do this."

Rubingh's attorney Josh Bentley did not immediately respond to a request for comment.

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