A Paso Robles man and former California Department of Corrections and Rehabilitation officer who pleaded no contest to charges of driving drunk and causing a crash that severely injured two people will serve less than a year behind bars.
San Luis Obispo County District Attorney Dan Dow was pushing for a state prison sentence for John Joseph Cicone, who was charged with driving under the influence of alcohol causing injury, driving with a .08% blood alcohol causing injury and leaving the scene of an accident.
Dow calls the 270-day jail sentence with five years of supervised probation “lenient,” stating Cicone will only serve 135 days of that sentence.
On June 22, 2024, a district attorney’s office release states Cicone was driving drunk when he crashed into a married couple in another vehicle in the area of southbound Highway 101 and San Marcos Road in rural Paso Robles.
Following the late-night crash, the release states, “Cicone contacted the victim vehicle occupants. At that time, one of the victims was unconscious and the other told Cicone that he was ‘not okay.’ Rather than stay, call for help, and administer aid to the injured individuals, Cicone fled on foot and walked to his residence leaving his damaged vehicle and the victims at the collision scene."
The release goes onto say that people passing by stopped and questioned Cicone before he left the scene, but he would only respond with the word, “no.”
According to the D.A.’s Office, Cicone called 911 shortly after 11 p.m. while walking home and reported that “someone hit the side of his truck as he tried to turn into his driveway on San Marcos Road.”
“Cicone's description did not match the physical evidence, collision investigation, or the victim's statement. After making the brief report, Cicone hung up on the 911 operator and did not answer repeated return phone calls from law enforcement. Eventually, at approximately 1:00 a.m., California Highway Patrol officers were able to find the defendant at his home where they conducted a driving under the influence investigation,” the release states.
According to a California Highway Patrol report cited by the D.A.'s office, Cicone states he drank half a beer after arriving home and then fell asleep. It also states he told officers he had had one beer at a local bar with a friend. The collision reportedly occurred after he dropped off his friend at home. Cicone’s blood alcohol content was .08 approximately three hours after the crash, according to the CHP report.
One of the victims addressed the court during the Sept. 25 hearing in a San Luis Obispo courtroom. She described the life-altering challenges she and her husband faced following the incident, but also showed compassion to Cicone.
Part of what she told the court includes the following:
When I walked into the courtroom and saw you, I was filled with peace. I felt I was able to see you as a person and have good feelings towards you. I know that this was a gift of God to me to be able to feel that way. While it is still not comfortable for me to be here and I still feel nervous, I want to wish you well. On behalf of myself and my husband, we hope that as we have had good come to our lives from this accident, you can also have good come to you. We hope you can heal with the help of those who love and care about you. We know we cannot control the choices of others, but we would hope that you would choose not to drink and drive again and that you would help others to avoid drinking and driving as well.
To read the full statement, click here.
Dow states the judge handed down the sentence to Cicone after Deputy District Attorney Delaney Henretty advised him that the sentence should be state prison for a variety of reasons.
The prosecutor addressed the judge, ending with:
"He claimed he came home and drank a half a beer and then fell asleep after the violent collision. He claimed he only had one beer earlier that evening at [a Paso Robles bar]. DA investigators were able to retain receipts and surveillance footage from [the Paso Robles bar] that evening, showing that he drank at least six beers in a two-hour time span earlier that evening before the collision. Additionally, not once in his interview that evening did he ever ask about the condition or wellbeing of the victims, although he did express that he had just paid off his truck," according to the DA's Office.
Cicone’s attorney stated Cicone would plea to the charges against him if the sentence of felony probation and nearly a year in jail, stated in a pre-plea report submitted by probation, would be imposed.
The plea was not part of an agreement with the D.A.'s office.
The attorney argued Cicone had no criminal record and having worked for the CDCR for 30 years, “he should not be measured by the worst night of his life where he made some horrible choices.”
Cicone also addressed the court, saying: “June 22nd was also probably the worst day of my life. I want to take responsibility and tell the People and the Court and Mrs. Bell (the victim) how very sorry I am. It changed my life. I also attend church. I go to AA courses. I have served this county and the State of California for over 25 years, and I have never ever had, I have never been on the wrong side of the law in my life nd I am very sorry, and I just want to take responsibility for whatever sanction is imposed upon me. I also would like to request a little bit of time. I have got elderly parents at home and more importantly than that, I'm very sorry for the pain that I caused you and your husband. I will never forget it and I will never ever drink and drive again.”
The charges against Cicone meant he was facing a maximum sentence of around eight years in state prison.
The judge stated he had to take into consideration Cicone’s lack of a criminal record, his lifetime of service to the state and PTSD, along with other mental health disabilities.
Speaking to the victim, the judge said, "I don't think I have ever heard a statement from a victim such as yours. You suffered mightily, as did Mr. Bell, and yet, you have forgiveness. You have empathy. It's remarkable.”
He went on to say, “I don't want you to think that because my indication is to grant him probation that that in any way minimizes what happened to you.”
Cicone is said to now be retired from the California Department of Corrections and Rehabilitation.
The judge ordered him to surrender to County Jail Oct. 30 to begin serving his sentence.
To read the full press release from the DA's Office, click here.
