Probation was denied Angelo Arroyo Fabiani, 41, by San Diego Superior Court Judge Joseph Brannigan, who cited Fabiani's four prior drunk driving convictions and several probation revocations.
The accident on June 2, 2013 was determined not to be Fabiani’s fault after he struck a road barrier, his attorney said. His Nissan truck went down an embankment on Interstate 5 and dangled near a retaining wall near Rosecrans Street. Witnesses saw Fabiani frantically break through a car window and appear to rescue 4-year-old Valentino Fabiani, who was bleeding and hurt.
Fabiani cut his son’s seat belt, which caused the boy to drop 10 feet to the pavement. Fabiani then walked away, leaving his phone, wallet, keys and passport in his truck and was in shock for almost 40 hours, his attorney Allen Bloom said.
A jury acquitted Fabiani of child endangerment but convicted him of hit and run in a fatality on March 23. Brannigan gave him credits for 141 days in jail and fined him $1,424.
Deputy District Attorney Marissa Di Tillio said it will never be known whether Fabiani was drinking at the time of the accident. Bloom told the judge his client had not been drinking.
Fabiani testified that he thought his son was killed instantly and went into deep shock. Fabiani said he didn’t know his son was hospitalized in critical condition but declared brain dead. The boy was taken off life support after eight days.