Mother Of Four Faces Prison For Causing Death By Careless Driving. Her Friend Died In The Accident. Others Were Injured.
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By Alric Lindsay
Yesterday, June 6, 2025, Ygnacia Rafaelina Francisco Payero was placed into custody for causing death by careless driving on Eastern Avenue in August 2022. Payero’s friend, Aleiny Reve Villegas, died in the accident, and other passengers suffered head injuries. Given the death and suffering of others, Justice Richards indicated that a prison sentence was unavoidable. The length of the sentence is expected to be announced by Justice Richards on June 13, 2025.
Background
Based on the facts obtained from Kenneth Ferguson, Crown Counsel with the Office of the Director of Public Prosecutions, Payero and Villegas made plans to go to Bananas Bar on or around August 8, 2022. They arrived at 2 am with two other friends and consumed alcohol.
While passing through the stoplight at Godfrey Nixon Way, Payero overtook a car and lost control while merging back into the correct lane. Payero ultimately collided into a cinderblock wall.
Villegas, the front seat passenger, died of blunt trauma to the head. The back seat passengers suffered non-life-threatening head injuries.
Accident reconstruction experts Collin Redden and Gregory Russell agreed that Payero travelled at an estimated speed of between 50 mph and 60 mph before the point of impact.
On August 10, 2022, Payero was arrested under caution on suspicion of causing death by dangerous driving.
On October 1, 2022, Payero was interviewed under caution and responded “no comment’ to the questions asked. She remained on police bail until her first appearance in the Summary Court on July 22, 2024.
On August 23, 2024, Payero made her first appearance in the Grand Court.
On November 15, 2024, Payero was arraigned and pleaded not guilty to causing death by dangerous driving; however, pled guilty to causing death by careless driving.
Sentence considerations
Regarding the offence of causing death by careless driving, the maximum sentence under the Traffic Act is a fine of ten thousand dollars or imprisonment for a term of seven years or both. She also faces automatic disqualification from holding or obtaining a driver’s licence for at least three years.
Notwithstanding the maximum sentence under the Traffic Act, the facts provided by DPP Crown Counsel Ferguson state that the court was asked to consider the Cayman Islands Sentencing Guidelines, which provide a starting point for sentencing of 30 months’ imprisonment, with a sentencing range of 18 months to 4 years’ imprisonment.
DPP Crown Counsel Ferguson noted that several aggravating factors may increase the sentence from what is stated in the sentencing guidelines. These factors are as follows:
(i) Her driving resulted in one death and serious injuries to two victims in addition to the death.
(ii) A combination of consumption of alcohol prior to driving and possession only of a Cayman Islands provisional driver’s license that was issued only approximately two months prior to the fatal collision.
However, DPP Crown Counsel Ferguson added there were mitigating factors that could reduce the sentence. These were as follows:
(i) The offender entered a guilty plea at the most reasonable opportunity available to her and therefore she should benefit from a full discount.
(ii) She was also injured in the collision.
(iii) The victim was a close friend of hers, and,
(iv) her lack of driving experience may be said to have contributed to the commission of the offence.
After hearing submissions from DPP Crown Counsel Ferguson and Payero’s attorney Richard Barton, Justice Richards said that Payero would be remanded into custody. Justice Richards will deliver the final sentence on June 13, 2025.
