A woman accused of driving while intoxicated, flipping her car then leaving her friend trapped inside as it was submerged in Tecolote Creek — she died days later — was sentenced Friday to 19 years to life.
Jennifer Rae Xavier, 24, was convicted by a San Diego Superior Court jury last year of murder, hit-and-run, and other charges for causing the March 4, 2021, crash that killed Sidnie Waller, 21.
Prosecutors alleged that after the women went out to bars in Pacific Beach that night, Xavier got behind the wheel while drunk and under the influence of Xanax.
Waller sent her brother and a friend several text messages prior to the crash which stated that Xavier was drunk and had taken “a bar,” meaning Xanax. The texts stated that Waller was “terrified” because Xavier was swerving, nearly struck other cars and was driving at over 100 miles per hour.
The car veered off southbound Interstate 5 and overturned in the creek below.
Deputy District Attorney Philippa Cunningham said Xavier walked from the scene of the wreck and onto the freeway while drenched in water and was picked up by a passing motorist who was unaware of the crash.
Responding firefighters pulled Waller from the wreckage. She was taken to a hospital, where she died days later. Xavier was arrested about five months after that.
Xavier’s defense attorney, G. Cole Casey, asked Friday for his client to be sentenced on a gross vehicular manslaughter while intoxicated count rather than murder, in order to avoid sentencing her to a life term.
Unlike the majority of DUI offenders charged with murder, Xavier did not have a prior DUI conviction, Casey said.
After someone is convicted of driving under the influence, they are typically informed by the court that they can be charged with murder if they commit another DUI offense and someone dies. Since Xavier did not receive that advisement, Casey argued she should not be sentenced in the same manner as someone with a prior DUI.
Cunningham argued that while Xavier lacked a prior DUI conviction, evidence showed she drove under the influence in 2019 and crashed into another car. The prosecutor said the fatal crash was “not the first time that Jenny Xavier decided to disregard the safety of everyone else for her own benefit.”
In denying the defense’s request, San Diego Superior Court Judge Peter Deddeh noted that Xavier texted a friend after the 2019 crash, in which she described the incident as a “wake up call” and said “I could have killed someone or myself.”
Waller and Xavier were childhood friends from the San Jose area, but both were living in San Diego at the time.
At Xavier’s sentencing hearing, Waller’s mother, Danijela Mosunic, said that as a longtime friend of her daughter, Xavier had even been included in some of their family vacations.
Mosunic said Xavier once admitted to her that she’d been involved in several car accidents, including one that occurred while she was under the influence of Xanax and alcohol. Mosunic said she made Xavier promise to never do it again.
“Well, guess what? It did happen again,” Mosunic said. “And this time, you caused a tragic accident that killed your friend, my daughter, who is now gone.”
Waller’s brother, Jacob Waller, said he knew something was wrong after the barrage of text messages he received on the night of March 4. His suspicions deepened on March 5 when he did not receive Sidnie’s daily morning text, a routine in which she sent him an inspirational message each day.
“How could you leave Sidnie to die?” he asked Xavier. “I can only imagine how scared and frightened Sidnie was while trapped underwater not knowing where the exit was. I hope that is what prison is going to feel like for you: no exit.”
Waller’s father, Donald Waller, said that on the night of March 4, he knew the women were going out and told them over the phone, “Be careful, have fun and I love you.’’ He told Xavier, “You threw out the first thing I said to the both of you, `Be careful.’’’
Xavier apologized to Waller’s family and friends and said she would do what she could to be an “advocate” regarding the dangers of drinking and driving.
“I made a reckless choice,” she said. “My reckless choice ultimately took the life of one of the closest friends I’ve ever had. … I’m sorry for the pain and anger you all feel. I’m sorry for taking Sidnie away. There’s nothing I can do to ever make up for this.”
