A Mission Viejo man who struck and killed an off-duty Costa Mesa fire captain while driving with what a prosecutor described as a “drug cabinet” worth of illicit substances in his system was sentenced Friday to 15 years to life in prison.
Stephen Taylor Scarpa, 28, watched silently as emotional family members spoke through tears about the loss of Mike Kreza, an 18-year veteran of Costa Mesa Fire & Rescue, who Scarpa struck and killed on a Saturday morning in November 2018 while Kreza was out for a morning bike ride along Alicia Parkway.
Dozens of Kreza’s family and their supporters, including members of Orange County’s firefighting community, filled a Santa Ana courtroom on Friday morning, three months after a jury found Scarpa guilty of second-degree murder.
There was no dispute during the trial that Scarpa was responsible for Kreza’s death, though his defense attorney unsuccessfully argued that Scarpa’s actions did not rise to the level of murder.
Sobs could be heard in the courtroom audience as Kreza’s wife, Shanna, and his young daughters – Kaylie, Layla and Audrey – described the lingering trauma they have lived with since Kreza’s death. They spoke of a devoted family man and firefighter who so many people thought of as their best friend.
Kaylie, Kreza’s oldest daughter, described her father as “the happiest guy you would ever meet,” and said thinks about him every time she hears or sees a fire truck.
“Never in a million years did I think my best friend would be taken from me,” Kaylie said. “There is not a day I go without thinking of him.”
Layla, Kreza’s middle daughter, recalled her father putting her to bed every night, picking her up from school, telling “his funny jokes” and taking the family on trips in their motor home.
“Since my dad is never going to come home, I think the man who killed him should never come home too,” Layla said.
Audrey, Kreza’s youngest daughter, said she missed her father bringing her to visits to the fire station, telling the judge, “I am 10 years old and my daddy was killed by a man on drugs.”
“I wish I had more time with my daddy because I had a great few years with him,” Audrey said.
Kreza’s wife struggled through tears as she recalled the day her husband died, including her last moments laying next to him, the flag that covered his body, the medical workers lining the halls in a show of respect, the helicopters that followed the procession away from the medical center, and the fire crews watching from freeway overpasses as they traveled to the coroner’s office.
“How does one live when half of your heart and soul is gone,” Shanna Kreza said. “Mike was the definition of a family man, he always put us first … He is missing the life he created and loved so dearly.”
Scarpa did not speak during the sentencing hearing. His defense attorney, Rudy Loewenstein, acknowledged that anything he said would “pale in comparison” to the family’s emotional statements, but offered an apology on behalf of Scarpa, who the defense attorney said never intended to kill anyone.
“It is a story of an addiction to drugs. Mr. Scarpa tried to overcome that addiction but could not,” the defense attorney said. “It is a tragedy for all concerned.”
Senior Deputy District Attorney Dan Feldman told the judge that Kreza’s death “was not an accident.” Scarpa after his arrest admitted to previously driving under the influence, including at times with his young daughter in the car.
“When the defendant was arrested by a sheriff’s deputy he said simply, ‘It is about time,” the prosecutor said.
Before handing down the sentence, Orange County Superior Court Judge Patrick H. Donahue noted that Kreza was particularly vulnerable since he had no reason to expect he could be hit by an inebriated driver while riding his bike at 8 a.m. on a Saturday.
According to testimony during his trial, Scarpa had been up for three days partying at a Westminster home, and had a mix of downers and stimulants in his system consisting of methamphetamine and several prescription medications. Scarpa reportedly decided to drive home after blacking out for 18 hours and causing a scene.
After driving off the side of Alicia Parkway and crashing into Kreza, Scarpa told an officer that he took “full responsibility” for the collision, explaining that “I thought I had enough in my system to make me good,” according to audio of the interview played during the trial. Scarpa’s attorney said Scarpa felt he was capable of driving since he believed the depressants he was taking would be counteracted by the stimulants.
In arguing that Scarpa was aware of the dangers of impaired driving – a requirement for second-degree murder conviction rather than vehicular manslaughter – the prosecution noted that Scarpa had taken part in the anti-DUI “Every 15 Minutes” program while a student at Esperanza High School, and had later worked as a driver for a rehab center, transporting patients to meetings and appointments before being fired after a relapse.
According to testimony during the trial, Scarpa admitted to going to a doctor who would prescribe him drugs without a legitimate medical condition. Prescription bottles with Dr. Dzung Ahn Pham’s name on them were allegedly found in Scarpa’s vehicle after he struck Kreza.
Federal prosecutors have since alleged that Dr. Pham “flooded” Southern California “with huge quantities of opioids and other dangerous narcotics by writing prescriptions for drugs he knew would be diverted to the street.” He is awaiting trial in federal court.
Along with the alleged link to the Scarpa case, federal prosecutors in court filings have said that drugs illegally prescribed by Pham also ended up in the hands of a gunman who carried out the mass shooting at the Borderline Bar and Grill in Thousand Oaks, as well as at least five people who died of drug overdoses.
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