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Plea Deal Offered In Carbon Monoxide Case

Jose Rubio Charged With Child Endangerment

POSTED: 4:24 pm PST January 19, 2007
UPDATED: 5:03 pm PST January 19, 2007

A plea bargain has been offered to a Salinas man accused of poisoning his family with carbon monoxide after allegedly bringing a charcoal grill inside their apartment.

Police said Jose Rubio used the grill to warm the apartment on Christmas Day. Eight people, including six children, ended up being hospitalized with carbon monoxide poisoning as a result.

On Friday, prosecutors offered Rubio a maximum of 90 days in jail. Before the offer, he was facing a possible two-year sentence on two counts of child endangerment.

Rubio's attorney, Miguel Hernandez, called the offer ridiculous and told the court he needed to discuss it with his client.

Hernandez said 90 days in jail is not fair because Rubio never intended to hurt anyone.

"What I think is fair is maybe some parenting classes, something to help the young man learn about some of these things. It appears from everything I see that it's more of a mistake than some criminal act," Hernandez said.

"The court would ultimately make the decision how much custody time should be imposed. The defense attorney's position is he thinks this is a case that should go to jury trial," prosecutor Mary Tatum said.

Hernandez said he is willing to take the case to a jury trial, but he would first discuss the plea deal with his client and have an answer for the court next month.


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