A Santa Maria man admitted Thursday to committing vehicular manslaughter with gross negligence when he ran over his girlfriend with his vehicle as they fought last February.

Jack Misiaszek, who turns 31 today, entered a guilty plea to the felony charge Thursday in Superior Court Judge Patricia Kelly’s Santa Maria courtroom.

He also pleaded no contest to felony attempted carjacking and admitted a gang allegation in a separate 2010 stabbing case that was originally charged as gang-related attempted murder.

In addition, Misiaszek admitted having two prior convictions.

The charges of vehicular manslaughter and attempted carjacking he pleaded to Thursday each count as a strike against him, meaning a third qualifying serious conviction will result in him receiving a sentence of 25 years to life in prison.

Misiaszek is expected to be sentenced to 10 years and 10 months in state prison when he returns to court next Thursday. He will likely serve only half that time due to sentencing guidelines.

According to testimony at a hearing in December, Misiaszek and his girlfriend, 20-year-old Antionette Raygoza of Santa Maria, argued on Feb. 28 as Misiaszek sat in the driver’s seat of his sports utility vehicle in the 1600 block of North McClelland Street and Raygoza stood outside the driver’s side window.

A witness described seeing hands swinging from both sides as the pair quarreled.

Then, the witness said, Raygoza’s feet lifted off the ground and Misiaszek accelerated forward. Raygoza was thrown under the vehicle, where she was run over by a tire and killed.

Outside court, family members of Raygoza said they didn’t expect Misiaszek to enter a plea Thursday and were unhappy with the short sentence he would be receiving.

“Nothing’s ever going to bring her back, but 10 years is almost nothing to us,” said Raygoza’s aunt, Debbie Garcia, who was wearing a sweatshirt with a picture of her niece on the back.

Garcia acknowledged she was glad the court proceedings were coming to an end, however.

“For me, I can start to heal because I’m just tired of coming to court and seeing him (Misiaszek), waiting all day long,” she continued.

Antionette Raygoza’s father, Anthony Raygoza, said Deputy District Attorney Cynthia Gresser told the family she’d fight for their daughter.

“It looks like she just gave into a plea,” he added.

Said Garcia, “Of course no one’s happy. I’m not happy. No amount of time is going to make this happy.”

“He took something from us that meant a lot,” she added of Misiaszek, starting to tear up.

Gresser declined to comment Thursday on the plea.

“I don’t want to make a comment about the charges until after the sentencing, because I do want to speak a little bit further with the family,” she explained.

Misiaszek’s attorney, Michael Scott, said his client took the plea for a number of reasons, including he wanted to avoid the possibility of spending life in prison on the attempted murder carjacking case.

“He does not believe it was his fault that the young lady died,” Scott said, noting that evidence presented at earlier hearings has indicated both Misiaszek and Raygoza participated in the altercation.

Still, Misiaszek feels bad that Raygoza died, Scott said.

“He’s sorry for her death and he’s sorry for the pain this family has suffered, but he intended her no harm,” the attorney added.

(9) comments

Really

I don't understand how someone can get such a light sentence when he's done such awful things, but I know one thing...if I ever get in trouble, I want Michael Scott on my side.

Justin Case
Justin Case

Really?,

Michael Scott was once a Municipal Court Judge in Santa Maria and is well aware of how the “system” operates;

I don’t think it’s right that I tell you he and his bailiff were both arrested for possessing and using cocaine. Mr. Scott spent some time in SB County jail, and received probation, however he was allowed to keep his law license and practice law. This is a matter of public record.

By the defendant Misiaszek pleading to a deal, he did receive two strikes, the next one will result in a life term, and he can also receive this “strike” while in custody.

SMT said: “Misiaszek is expected to be sentenced to 10 years and 10 months in state prison when he returns to court next Thursday. He will likely serve only half that time due to sentencing guidelines.

SMT said: “The charges of vehicular manslaughter and attempted carjacking he pleaded to Thursday each count as a strike against him”

From my understanding; when an individual is found guilty and or pleads guilty to a “strikable offense” the defendant must serve 85% of his/her sentence with no credits, therefore why is Mr. Misiaszek going to receive half time credits?

Only in our perfect Santa Tiajuanna judicial system!!!

Just saying,

JC

PS
Hey Misiaszek, if you happen to see my friend Mr. Don from Orcan't, tell heim not to drop the soap...he likes using powered soap!!!

WyettEarp
WyettEarp

JC, I am basically with you, but you got a few of the facts wrong about Scott. He did lose his licence to practice law. After the alotted time , as set by law, he applied to be reinstated and was.

But what does that have to do with anything?

For the record, he is one of the best, if not the best criminal defense lawyers in the area. Be careful, if you ever need a lawyer, he is the one you want.

Let's hope you don't find youself in need of his services but he turns you down because you couldn't control you urges to take yet another cheap shot at someone . Mike has done an excellent job of paying his debt to society and turning his life around.

Mike is not the problem here, its the DA and their constant deal making that are soft on crime just so thy can boast about convictions. Ten years for this sort of brutal murder is a joke. But the DA gets to rack up a conviction.

Justin Case
Justin Case

Mr. Earp,

Thank you for your concerns, but, I did not slander Mr. Scott, I merely stated public record.

In most cases, when a judge and or lawyer licensed to practice law is arrested and or convicted, whether of a felony or misdemeanor, he/she is either disbarred or disciplined. As part of Mr. Scott’s sentence/plea agreement he was allowed to petition to have his law license reinstated, it was suspended while incarcerated and while on probation.

Although Mr. Scott did pay his debt to society, the facts remain that no matter if someone is a judge, attorney, priest, cop, butcher, baker, Indian chief, we all have our faults and we all make mistakes. Unless you’re the SBDA, they never ever make mistakes!

I am fortunate enough to know many excellent criminal and civil attorneys; my wife knows many of them personally due to her line of work. Besides, I would never hire a local attorney if I was in need of one.

About the SBDA; there has always been a controversy as to the way they handle cases; I’ve seen innocent people get convicted on bogus evidence, while others guilty as sin get a slap on the hand.

Lastly, it really doesn’t matter how great a defense attorney is in Santa Tiajuanna; the courts will 9.9 out of 10 times rule in favor of the prosecution regarding any motions. Therefore, it’s no wonder why the SBDA has an almost perfect conviction record.


Just saying,

JC

PS
Mr. Earp, I do not place myself in situations in which I would require the assistance of a criminal defense attorney, but thank you for asking…

WyettEarp
WyettEarp

I did not say you slandered Scott. I said you took a cheap shot. But considering the source, it was not really all that bad, like you said, pretty much public record. But you got it wrong. Scott was disbarred. He also lost everything he had and went to jail.

He had to earn his way back to the bar. It was not handed to him on a platter. And it is the same for all disbarred lawyers. He got no special treatment. In fact quite the opposite.

Compared to what some drug dealing, two and and three time loser slime get for the same crime, Scott paid a much, much higher price. Of course one could argue because of his position he should have. I would not argue against that.

But you should do some research and fine out some of the things Scott has been up to since his "run-in". I think even you may be impressed and maybe not so quick to be willing to beat him with an old stick the next time the opportunity arises.

Justin Case
Justin Case

Mr. Earp,


You have said quite worse about Will Smith on this site:

I very surprised Mr. Smith hasn’t sued you for slander, defamation of character, and internet stalking. You have said some very very terrible things about this man at the same time not providing an ounce of proof.

Wait, perhaps a lawsuit is on the way, you better call Mr. Scott!

As for Mr. Scott, I have met him in the past. There are only two things you can’t hide from; the ground you walk on and public record…

http://members.calbar.ca.gov/fal/Member/Detail/69675

GO 49ERS!!!!!!!!!!!!!!!

Just saying,

Dr. JC

PS
Yes its spelt “lawsuit” NOT “law suite” as you always spell it…

WyettEarp
WyettEarp

It was lying and other such behavior thst got you put on time out before. I guess some never learn.

Every single thing I ever posted about Smith I got from this newspaper, other papers, the board minutes, TV stations and other public records. And nearly ALL my posts contained the links. And you know it. But lying and distorting facts runs in your blood.

I just put you back on my idiots to ignore list.

Justin Case
Justin Case

Mr. Earp,

Did your parents have any kids that lived?

Just saying,

Dr JC

Justin Case
Justin Case

Mr. Earp,

As usual, you have your fools mixed up, below you will find a comment that you posted regarding Mr. Smith, in addition, his response to you, it is clear that you did not or could not refute Mr. Willys rebuttal.

A mind id a terrible thing to waste, in your case, only a miracle could save yours, that and hooked on phonics, but any way, the last time I was placed on “time out” I must have been 7-8 years old. I am beginning to believe my friend Mr. Don in Orcant; you’ll feel better if you ride your tricycle with the seat!


January 29, 2013 10:50

WyettEarp -amAnd they should have also mentioned that Will Smith was "fired" from his teaching position for being accused of man handling kids, several times.

He has also bee the single most disruptive force in the district since being blindly elected to the board. He has aggressive, bizarre behavior has given call for the other four board members to have to call the police on him, not once but at least twice, because they were in fear of their safety.

Smith has also filed several frivolous law suites against the district costing tens of thousands of dollars. He never won one suite. That was sorely need money wasted by Smith forcing the district to have to defend itself. That is money that should have been spent in the classrooms.

If Will Smith is involved, you need to stay away from it. The guy is bad news... very bad news.

Mr. Silly Willys response:

January 29, 2013 8:32 pm

WyettEarp, again you got things wrong. Will Smith was not fired from his teaching postion. Even the police have stated the four Board Members had no justification for calling the police. It's the DISTRICTS right to call the police, but when they tell them I did nothing wrong, this should also be printed but the media does not care to print this. I believe you need to speak with the District about their spending and why. As usual you don't have all the facts, and speak unwisely.

I went to the rally to observe what was going on because I am interested in student success. I contacted SMJUHSD to ask about what was going on and never got a return call from their administration. I am a taxpayer in the District, and if the response I got from the District is the same Mr. Romero recieved, I want him to go all the way.

Parents should not foot the tax bill and have to beg administration to do its job. This holds especially true when they all make over 100k. This community needs to know that people are not willing to give money to support failure, and not hear them until they need money or parent support for a District lead idea.

I really commend the administration and staff at SMHS for the great job they are doing to improve SMHS. I have heard nothing but positives and see their AYP scores are going up. I just hope that money the District doesn't have is not spent frivilously and it sits down with the parents and iron this situatuation out. The days of doing what you want and not being accountable to the people you represent are going out the window. People will challenge the status quo if they don't like what is going on.

It is a shame that taxpayer dollars are used to pay thousands to defend pride in some schools instead of using common sense. After using the public dollars they say, We have the children interest in mind. I also have some beach front property in Las Vegas to sell.

I am neutral right now in my position, but I am observing what is going on because we have two schools in our District that parents could use the Trigger Law to challenge. AGAIN, PEOPLE ARE TIRED OF EXCUSES AND FALSE PROMISES. I KNOW ONE DISTRICT THAT BRAGS ABOUT ITS GREAT SUCCESSES, BUT THE OVERALL GRADE, AS CALCULATED BY THE STATE FOR SUCCESS IS F. GO FIGURE. I BELIEVE SOME PEOPLE FEEL THE PUBLIC IS STUPID. THEY ARE NOT.

It was great to see people concerned about their jobs coming out to voice their opinion and concerns. I was highly appreciative of what they had to say. I wish everyone involved the best. If people were really worried about how much spending any school district was spending, they would ask the District to open the books and explain why the District was taking certain positions. One would be surprised what they would find in cases like I am explaining. Have a great week.

JUST SAYING,

DR JC

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