Judge vacates sentence on sentencing for wrong-way driver

PHOENIX, Ariz. – There was a major twist in a high-profile case Friday with the sentencing of a driver accused of killing three Grand Canyon University students in a 2022 wrong-way crash.

Judge Pamela Dunne waived the long sentence for 27-year-old Vincent Acosta. Her decision came less than two months after Acosta’s change of plea was adopted.

In October 2022, Acosta allegedly drove the wrong way on Interstate 17, colliding with three cars, including one with three GCU freshmen; Abriauna Hoffman, 18, of Clarkston, Washington, Magdalyn Ogden, 18, of Clarkston, Washington, and Elaine Balberdi, 19, of Kula, Hawaii

“They had that energy about them, like all three of them,” Hoffman’s stepfather said.

ABC15 caught up with Hoffman’s mom and stepfather a year after the crash that killed their daughter along with her friends and GCU classmates.

“I was so excited,” said Hoffman’s mother, Sundie Woodbury. – She was just transported, and Maggie too.

Balberdi was from Hawaii, and Hoffman and Ogden were from the same city in Washington. Hoffman’s parents said it was Ogden’s birthday and the girls planned to celebrate with a trip to watch the sunrise over the Grand Canyon. Early that morning, while driving on I-17, the girls were struck near Table Mesa Road.

DPS identified the wrong-way driver as Acosta. ABC15 was told the 27-year-old is from here in the Valley. Court documents show that his blood alcohol content was 0.129 on the day of the accident.

On August 14, Acosta appeared in court again to officially change his testimony. The terms of that deal included a guilty plea to three counts of second-degree murder.

“It says you will be sentenced to an Arizona prison for 18 to 22 years,” Judge Dunne read. “The sentences will run concurrently, i.e. at the same time.”

Members of all three families of GCU students appeared in court that day. Each person turned to the judge, and sometimes to Acosta, with emotion. Many loved ones spoke out and said the agreement did not include enough time.

“18 to 22, what is it?” Balberdi’s mother, LuShanya Marquez, asked. “Will he still be able to go out and live a normal life? My daughter’s life is over.”

Under this agreement, Acosta’s license will also be revoked. That day, Judge Dunne said she took notes as loved ones were interviewed and then addressed the families before accepting the plea.

“There is no sentence that will do what I would like to do for all of you, which is to bring back your beautiful daughters,” Judge Dunne said.

Before the sentencing, Hoffman’s family released hundreds of pages of letters they said were sent to the court by loved ones. They gave ABC15 permission to share some of the quotes.

“Selfishly, it hurts to know that the world was robbed of their love, but it hurts more to know that they were robbed of their lives.”

“They are loved and we miss them very much! “Vincent (Acosta)’s negligent choices have impacted many of us.”

On Friday, the day the verdict was announced, relatives filled one part of the courtroom. Many of them flew in from all over the country, ABC15 was told.

However, after about 30 minutes in her chambers with lawyers involved in the case, Judge Dunne began the hearing by recusing herself. She apologized to her relatives who flew from all over the country.

“The charge stands intact,” Judge Dunne said.

She did not comment on her decision before or after the court.

Maricopa County Superior Court staff told ABC15 on Friday that a new sentencing hearing has been scheduled for Oct. 8 for Sam Myer.