DOWNTOWN BROOKLYN, New York City (WABC) -- The hit-and-run driver who killed popular radio host DJ Jinx Paul was sentenced Wednesday to 90 days behind bars, five years probation and 100 hours of community service.
Sentencing for 28-year-old Kevin Ozoria was originally scheduled for May 1, but it was postponed after authorities revealed he was recently arrested on felony sex abuse charges in violation of his plea agreement.
Ozoria had pleaded guilty to leaving the scene of an incident without reporting and was supposed to be sentenced to just the probation and community service, but that changed after the new charges that allegedly involved his niece, who authorities had previously said was under the age of 13.
But on Wednesday, the felony case was lowered to a misdemeanor because alleged victim is actually older than 13. Still, the judge added the 90-day sentence even though Assistant District Attorney Jennifer Nocella had requested a 1- to 3-year term.
"Not only did he violate the court's orders between plea and sentence, the nature of the crime is a sex offense and it's involving a minor," she said. "Whether it's 13 or 13 and two weeks."
Ozoria had the option to delay sentencing again and have a hearing to determine the validity of the sexual assault allegation, but he waived that right and asked to be sentenced immediately.
"You would think they would give him more years," said Gina Zacate, the victim's cousin. "I mean, it was a death. It's someone who's not here today."
Ozaria surrendered to authorities several days after the December 19, 2016, crash that killed the Mega 97.9 FM host, whose real name was Jean Paul Guerrero. After he was released due to a lack of evidence, he surrendered once again in 2017.
"This defendant admitted to striking Jean Paul Guerrero and driving away, leaving a popular DJ and a beloved member of our community to tragically die in the street," District Attorney Eric Gonzalez said. "He then violated the terms of his guilty plea and has now been held accountable."
On the night of the crash, Guerrero had finished a DJ gig at a party in East New York. He was crossing the street when he was struck.
At the time, detectives were looking into Ozoria's vehicle, which police said was dropped off at a body shop in Brooklyn with a broken windshield after the fatal crash.
The person who had dropped off the car asked the shop owner to park the car in the shop and not on the street, which raised some suspicion with the shop owner.
He later called the police after seeing a news report about the popular DJ's death.
* More Brooklyn news
* Send us a news tip
* Download the abc7NY app for breaking news alerts
*Follow us on YouTube
DJ Jinx Paul killer gets prison time after sex abuse arrest