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CORONA, Calif () — The family of a 21-year-old man killed by an impaired and distracted driver is outraged after learning the woman sentenced in the case is eligible for early release from prison.
Neomi Velado was sentenced to nine years in prison in 2023 for the hit-and-run killing of Benjamin Montalvo in Corona. Now, less than three years later, the family has been notified that Velado’s earliest possible release date is Feb. 14, 2026.
“Why do they give a sentence if it’s not going to be enforced?” Montalvo’s mother, Kellie Montalvo, said.
Benjamin’s family says they are heartbroken, shocked and angry.
“It’s a huge slap in the face,” Kellie Montalvo said.
Benjamin, described by loved ones as a kind and empathetic friend, was biking with friends in July 2020 when Velado struck him and fled the scene. Investigators said she was impaired, texting at the time of the crash and quickly replaced her smashed windshield to cover up the crime.
Benjamin’s parents said they later learned the collision was not Velado’s first hit-and-run — it was her fourth.
“Am I afraid she’s going to re-offend? Absolutely,” Kellie Montalvo said. “It isn’t enough time to have made a difference in someone that has four hit-and-runs and shows no consciousness of guilt.”
After a painful trial, the family believed justice was served with a nine-year sentence. That changed when a letter arrived with the news of Velado’s projected Feb. 14 release date.
“Valentine’s Day. That’s a gut punch,” Kellie Montalvo said. “I mean, what, the family’s going to be waiting with chocolate and roses for her?”
In a statement, the California Department of Corrections and Rehabilitation said, in part, “The earliest possible release date (EPRD) for determinately sentenced offenders may be moved up based on credits that apply to the person’s sentence. Velado’s earliest possible release date (EPRD) is February 2026.”
“We feel that’s very unjust,” Kellie Montalvo said.
As they process the news, Benjamin’s parents have turned to advocacy. This week, they plan to travel to Sacramento to stand with lawmakers pushing for harsher DUI penalties — measures they say would have required their son’s killer to serve more of her original sentence.
“I guarantee you that two and a half years hasn’t rehabilitated this person,” Kellie Montalvo said.
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