A letter from the California Department of Corrections and Rehabilitation has forced a Corona mother to relive the day her son was killed — and to question how quickly someone convicted in a fatal crash can qualify for parole.

Kellie Montalvo says she was notified that Neomi Velado, the driver responsible for the 2020 death of her 21-year-old son Benjamin, is scheduled to be released early from prison. Velado, 28, is currently housed at the California Institution for Women and, according to prison records shared with the family, is set for parole on February 14.

“It’s a gut punch,” Montalvo said, describing the notice as both shocking and infuriating. She questioned how someone convicted in a deadly case could be considered rehabilitated after roughly two and a half years in custody.

Benjamin Montalvo was riding his bicycle with friends in Corona when Velado struck him, according to investigators. Authorities concluded she was impaired and using her phone at the time of the collision. Prosecutors further alleged that she fled the scene and later replaced a shattered windshield in an effort to conceal evidence.

Velado began serving a nine-year sentence in 2023 after being convicted of vehicular manslaughter with gross negligence and fleeing the scene following the fatal crash.

For the Montalvo family, the case was compounded by Velado’s history. Kellie Montalvo said her son’s death followed four earlier hit-and-run crashes in which phone distraction allegedly played a role. She described Benjamin’s death as occurring during what she believes was Velado’s fifth at-fault crash overall.

Benjamin Montalvo

State corrections officials say Velado’s anticipated release stems from credits allowed under California law. Spokesperson Emily Humpal said Velado received 124 days of custody credit for time served before her sentence officially began, which can shift an inmate’s earliest possible release date. Humpal confirmed Velado’s projected parole date is February 2026. The department declined to comment on whether Velado will be legally permitted to drive upon release.

Velado’s attorneys did not immediately respond to requests for comment.

Montalvo said she reached out to the office of Gov. Gavin Newsom seeking assistance to delay the parole date, but was told the governor’s office could not intervene in the matter.

The Riverside County District Attorney’s Office is also opposing Velado’s early release. Spokesman John Hall said prosecutors object to the parole decision, citing public safety concerns and arguing that Velado poses a continuing risk to the community.

For the Montalvo family, the legal developments reopen wounds that never fully healed. Now, she says, the possibility of Velado returning to the community is unsettling. Her hope, she said, is simple: that no other family will have to endure the same loss.

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