Hello Mr. Noriega:

Thank you for the opportunity to provide a victim impact statement. Please see below for that statement.

 

Mr. Ochoa, my son Jeffrey, was a vibrant, outgoing man who embraced life completely. He brought so much joy to his older and younger brothers, his parents, and his long time girlfriend. Outside our immediate family, particularly in his drift car hobby and fabrication role at Tesla, he was engaging and selfless, sharing his skills and talents with others. He absolutely loved to learn and was also an excellent and patient teacher. Jeff was also an empath - he cared for others as much as or more than himself. He could always be counted on to listen, to engage, and to offer support or assistance for any challenging situations. You may think that as a father, my perspective of my son is unreasonably biased to the positive but I assure you there is overwhelming evidence to the contrary.

 

It is impossible to describe Jeff's loss from our close-knit family and to the many people around him. Words are insufficient. We are forever changed, a permanent and deep sadness in our hearts that cannot be resolved or eliminated, only dealt with on a daily basis. My world, along with many others, is filled with daily reminders of how Jeff positively impacted our lives. Those reminders bring smiles and happy thoughts only to be tempered with the fact that Jeff is simply no longer here and worse, the knowledge that he never will be. And sure we physically live to see the next day but we do so with a sense of emptiness, of sadness, of anger, of despair and of frustration. We have had to learn to change our core selves in order to live out the positive aspects of our lives while seeking ways to remember Jeff in a way that does no further damage to our emotional health. I am here to tell you, this takes a great deal of effort on a daily basis and can be both daunting and exhausting. 

 

Mr. Ochoa, your senseless and selfish acts on that terrible day are unforgivable. You made so many horrible decisions, each building on the last, and the result is a devastating and completely avoidable tragedy. You left Oakland intending to commit crimes, specifically to steal a car or cars. You traveled far to Gilroy - how you chose this town, this community, this street, this car will forever remain a mystery. Worse than that, you had a partner in your scheme - this demonstrates a criminal mindset and also forethought to the crimes you intended to commit. But those decisions pale in comparison to your inexplicable choice to carry a deadly weapon, a weapon whose sole, indisputable purpose is to kill another human being. And as you faced an unarmed man in his underwear who was only trying to stop the theft of his car, you chose murder. 

 

Nothing justifies this action. Nothing can justify this action. There is simply not one single, cogent reason to think that intentionally ending someone's life is an acceptable outcome. Were you incapacitated by drugs or alcohol? Were you angry that someone dared challenge you? Were you frightened or maybe shocked that someone was trying to stop you? Did you panic? None of that matters. What matters is the choices. You could have stopped at any time and accepted the consequences. But amazingly, the rampant stupidity didn't even stop there - after you shot my son, you hit him with the car you were stealing!! Then, further, you ran from the law. So many potential excuses but not one single good reason for the inexplicable path you chose. 

 

You deserve all of the consequences of your crimes. I cannot find a scintilla of forgiveness or understanding for your actions. My sincere hope is that your everyday life in prison is filled with reminders of why you are there and will continue to be for a very, very long time. Each time I think of Jeff, I am forced to think of you and how your intentional actions caused so much despair. In no world can I imagine your own feelings (sadness? regret? frustration?) can compare to our loss. 

 

Given the depth of your criminality, I find it difficult to believe that you will become a safe member of society over time. I can assure you that any possibility of your release before the end of your sentence will be met with vigorous challenges from me, my family and many others. I cannot think of a single reason I could agree with your release - not for good behavior, not because you found religion, not for any other reason. You deserve to serve your complete sentence.