Man who killed Yuba City cousins in 2018 expected to be released early, official says

Oct. 27—Marc E. Andrews, an Oroville man who killed two cousins from Yuba City in 2017, could be released as early as next year, about a decade before his initial parole eligibility, according to officials.

Andrews was sentenced in 2018 to life in prison with the possibility of parole in 16 years after pleading no contest to a felony count of gross vehicular manslaughter while intoxicated, according to court documents. Andrews also admitted to an enhancement alleging he caused the death of more than one person, as well as special allegations that he twice before had been convicted of driving under the influence of alcohol, the Chico Enterprise-Record reported in January 2018.

Those charges stemmed from an incident on Highway 70 south of Oroville where Ryan Jensen, 18, and Mason Oakes, 20, both of Yuba City, were killed because of Andrews' actions. Jensen and Oakes were cousins with Jensen having graduated from River Valley High School and Oakes having graduated from Springville High School in Utah.

According to the California Highway Patrol, Andrews was traveling westbound on Palermo Road at about 5:30 p.m. on Nov. 19, 2017, when he failed to stop or slow down at a stop sign and smashed into a Toyota Echo that was traveling south on Highway 70.

Prosecutors alleged that Andrews had a blood alcohol level of 0.31 percent and he was accused of driving 100 mph five seconds before he collided with the Toyota with Jensen and Oakes inside, and 55 mph at the moment of impact. According to court records, Andrews had two prior misdemeanor convictions of driving under the influence of alcohol in 2014 and 2016.

On Wednesday, Andrews was granted parole at an Initial Suitability Hearing, according to the California Department of Corrections and Rehabilitation (CDCR).

Mary Xjimenez, an information officer with the department, told the Appeal that a "grant of suitability does not mean the automatic release of an incarcerated person."

"All grants of parole are tentative and become final after a review by the Board of Parole Hearings, which can take up to 120 days," Xjimenez said in an email. "Parole decisions that become final are subject to review by the Governor, which takes up to 30 days."

While Xjimenez suggested that the decision about Andrews' release wasn't necessarily final, Jessica Miller, the supervising deputy district attorney with the Butte County District Attorney's Office, said she fully expected his release in October 2024.

"The parole board did grant him parole," Miller told the Appeal. "His release date is October 2024."

Miller, who prosecuted the initial case against Andrews, said the parole decision is subject to appeal, but that appeal is done through the parole board and the prison system — the same bodies that essentially approved his potential release.

"I'm not optimistic that that's going to be overturned," Miller said. "... Typically, the appeal would happen within the prison system itself. I see that as a non-issue because the system that is granting the release is saying it could be overturned."

The reason why Andrews could be released sooner than originally expected is because of changes in state law, such as Proposition 57, which was approved by California voters in 2016.

"Under Proposition 57, CDCR has incentivized incarcerated people to take responsibility for their own rehabilitation by providing credit-earning opportunities for sustained good behavior, as well as in-prison program and activities participation," according to the state. "Under Proposition 57, incarcerated people increased their Good Conduct Credit earning, and have been given time credits for participation in Milestone Completion Credits, Rehabilitative Achievement Credits, and Educational Merit Credits. Also under Proposition 57, a process for parole consideration was established for eligible people convicted of nonviolent crimes. Those who demonstrate that their release would not pose an unreasonable risk of violence to the community may be eligible for release upon serving the full term of their primary offense when an alternative sentence has been imposed."

Miller said recent changes in the state's judicial system now make it harder to tell victims when a convicted person may be eligible for parole and ultimately released.

"Changes to the structure of the parole board system itself gives a way for inmates to be released to the public sooner. More quickly than we anticipated five years ago," Miller said. "... At the time of adjudication, the laws hadn't changed yet. Then Prop 57 and all of these changes happened that resulted in about a six-year sentence. The changes have made it impossible for us to advise victims about what's going to happen with sentences. We're seeing much shorter incarceration periods."

Another change in the system that Miller noted were changes made to the way parole works after an inmate is released.

"At the time he was sentenced, he would have been eligible for life parole," Miller said. "He will only be on parole for three years. Six years ago, once released, he would have been eligible for parole for life. Now we're only going to have that supervision period for three years."

Miller said the Butte County DA's Office was given notification of the parole hearing.

"We participated in the hearing on Wednesday. Our office opposed the release," Miller said. "We believe he hasn't shown enough insight to be released. The board didn't agree. The family was involved and expressed their concerns about releasing a person who was on probation when he hit the two men. The board said he was suitable and he'll be released in 2024."

Miller said she and her office have done everything they can to keep Andrews incarcerated. She said family members spoke during Wednesday's hearing as well.

"There was heartfelt resuscitation of the impacts that the murders of Ryan and Mason had on the family over the last six years," Miller said. "One of the family members went into detail on the effects — marriage, children, etc. Another family member was outraged that there was a law that would allow him to go free. We had a full range of emotions."

In 2018, the Chico Enterprise-Record spoke with Jessica Oakes about her son and nephew. She said the pair were dressed in suits on the way from attending a church service in Quincy when they were hit and killed. She said her son had just returned home from a church mission trip in Buenos Aires and was looking "taller, handsome and (in need of) his mom's cooking."

"He was full of adventure and fun, like always," Oakes said.

Prior to the fatal crash, Oakes said her son sent a text message letting her know he and his cousin had gotten on the road. As the Chico paper reported, that would be the last time she would hear from him.

She said both young men had much to look forward to and that they were hardworking. They even had saved up money for college, with plans to attend Brigham Young University-Idaho and room together.

"If all young men were like Ryan and Mason, what a wonderful world it would be," Oakes said.

Scott Petersen, Ryan Jensen's grandfather, said the loss of the two young men felt like a "black hole."