Driver who killed delivery worker while drunk and drugged gets prison six years later

After a six-year legal battle, Sabrina Mascarello has found relief as the driver who killed her son, Lucas Peralta Luna, while under the influence of alcohol and drugs has been sentenced to prison. Sebastián Di Pietro will serve four years and six months for the fatal incident that occurred during the pandemic.

The legal process was arduous. Initially, Di Pietro received a sentence of five years and ten months. However, a higher court reduced this to four and a half years, citing insufficient proof of the direct influence of substances on the crash. This technicality deeply angered Lucas's family.

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The article 84 bis of the Penal Code establishes a prison term of 3 to 6 years, even with multiple aggravating factors such as speeding and the consumption of alcohol or drugs.

Natalio Nicodemo, the family's lawyer, criticized the current penal code, which sets a prison term of three to six years for vehicular homicide, even with aggravating factors like speeding and substance abuse. Despite this, Nicodemo highlighted the case's singularity, noting that it's rare for individuals convicted of vehicular homicide to actually serve jail time. The conviction only became final after six years, with the defense exhausting all appeals up to the Supreme Court.

The incident occurred on July 10, 2020, in Buenos Aires. Lucas, 21, was working as a delivery driver, an essential service during COVID-19 restrictions. While on his last delivery of the night, riding his motorcycle in Villa Crespo, he was struck from behind by Di Pietro, who was driving a Dodge Journey at nearly 100 km/h, double the speed limit. Post-accident analysis confirmed what witnesses observed: Di Pietro had a blood alcohol level of 1.9 grams per liter and traces of cocaine.

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it is not usual for a person convicted of vehicular homicide to actually serve prison time.