On Dec. 3, 2025, Ben Lomond resident and owner of Boulder Creek Pizza and Pub (BCP&P), Justin Acton, was outside of his home when the unthinkable happened: He was hit by neighbor Charlotte Merrill Conklin, who was driving under the influence. Acton was tossed over the car’s hood and windshield and landed on the ground, resulting in serious injuries—broken bones, a traumatic brain injury (TBI), concussion and multiple lacerations.
Since then, Acton has spent the last seven months in every form of rehabilitation possible, as he outlined in his Victim Impact Statement submitted to the court.
“I continue to attend at least four medical or therapeutic appointments every week. To date, I have completed approximately 27 physical therapy and vestibular rehabilitation sessions, more than 30 vision therapy sessions, counseling, hyperbaric oxygen therapy, red light therapy, and numerous medical appointments. My recovery has required hundreds of hours of treatment, travel, and rehabilitation,” he reported in his statement.
In addition to the injuries suffered by Acton, he was forced to close his beloved pizza shop, laying off a staff of 19 and shuttering a location that had previously been ground zero for community celebrations in the San Lorenzo Valley. BCP&P had been operating since 2012, and Acton’s generosity had been poured into many facets of the area, including donating pizza to schools, gift certificates to area fundraisers, supporting the reading program at elementary schools and Grad Night at the high school, and feeding the local fire department.
Acton volunteered through Rotary, served as president of the Boulder Creek Business Association, served on the board of the Mountain Parks Foundation, and spent years working on pedestrian safety and transportation improvements with local and regional agencies.
Now, all of his dedication to the community he loves has taken a back seat to his recovery, and Conklin has been sentenced to a year in jail at the Blaine Street Women’s Facility in Santa Cruz.
Judge Stephen Siegel presided over the sentencing hearing and was visibly moved by the many supporters who testified to the impact that Acton’s injuries have had on his life. Former Fifth District Supervisor Bruce McPherson, Community Foundation of Santa Cruz County’s Susan True and Mountain Parks Foundation Executive Director Brenda Holmes were just some of the community members who submitted letters on Acton’s behalf. Several other individuals spoke at the hearing, including Boulder Creek Business Association President Tess Fitzgerald and Rotarians Ron Sekkel and Scott Deal.
Each letter and statement introduced a different angle of Acton’s service to others and pleaded with Judge Siegel to sentence Conklin to the maximum allowable penalty. While Acton initially believed that Conklin would only be placed on probation, her decision to drive drunk just nine days after striking Acton weighed heavily on the judge’s ruling, as did the outcome of a previous court case (People v. Cofer, 2024) that Acton’s attorney shared with the court.
As a result of the impact statements and testimony given at Conklin’s sentencing, she was assigned a panoply of terms, including a year-long jail sentence (but is only expected to serve about six months considering time off for good behavior), probation revocation fee, various court expenses, $3,261 in restitution to the California Victim Compensation Board, restitution to Acton (amount TBD), enrollment in the Multiple Offender Program, substance use disorder treatment, and an ignition interlock device on her vehicle.
No matter the sentence Conklin received, it pales in comparison to the lifelong sentence that Acton will endure due to Conklin’s decision to drive while impaired.
“I continue to suffer from the effects of a traumatic brain injury and concussion. I experience daily dizziness, visual disturbances, fatigue, cognitive difficulties, and problems with concentration and information processing. I am unable to read for more than approximately ten minutes at a time before needing a break because my symptoms worsen, and I am unable to drive due to my TBI,” said Acton in his statement.
Rosemary Chalmers of KBCZ radio and Good Morning Monterey Bay read Acton’s statement in court, and she continues to root for his rapid recovery.
“It was a very emotional day, and the whole of the San Lorenzo Valley’s opinion of Justin Acton were well-reflected in the speeches that were shared with the court on his behalf,” said Chalmers, who read Conklin the riot act on her July 3 show (available in the archives of KBCZ on MixCloud).
For his part, Acton is glad to have this chapter of life in his rear view mirror, and he will continue to focus on his recovery.
“The past seven months have been incredibly humbling. I’ve spent my entire life in the San Lorenzo Valley, and I’ve always admired the way people here take care of one another. I never imagined one day I’d be the one so heavily relying on that kindness,” he stated. “From the thoughtful cards sent by former employees, fellow business owners, customers, and students at Boulder Creek Elementary, to the friends who stood beside me as I navigated the criminal justice system, to the many people who shared their own experiences with traumatic brain injuries and offered encouragement and hope, I’ve been surrounded by extraordinary compassion.”
He continued, “I owe more than I can express to my husband, Jaye, whose love, patience, and unwavering support have kept me pushing through. There is still hard work ahead in my recovery, but I’m hopeful. I’ve come to realize I can’t and I don’t have to walk this road alone. The support I’ve received from Jaye, my friends, and this community gives me the strength to keep moving forward, and it reminds me every day just how fortunate I am to call the San Lorenzo Valley home.”
