Friday, June 3, 2005
DISTRICT ATTORNEY BROWN JOINS GOVERNOR PATAKI AND ASSEMBLY SPEAKER SILVER FOR SIGNING OF VASEAN’S LAW MAKING DRUNK DRIVING FELONY WHEN INTOXICATED DRIVER CAUSES SERIOUS INJURY OR DEATH
Queens District Attorney Richard A. Brown today joined Governor George E. Pataki and Assembly Speaker Sheldon Silver for the signing at a Queens elementary school of Vasean’s Law that now makes drunk driving a felony punishable by up to seven years in prison in vehicular incidents in which an intoxicated driver causes serious injury or death.
The law was enacted by the Legislature
in the wake of an October 2004 death-by-auto incident in Flushing, Queens in
which two boys –- Vasean Alleyne, 11, and Angel Reyes, 12 -- were struck at an
intersection by a van being driven by an allegedly intoxicated driver. The
children were critically injured and Vasean Alleyne later died. The case against
the driver, John Wirta, 56, a repairman residing in Fresh Meadows, is pending.
He faces up to a year in jail and a $1,000 fine if convicted.
The boys’ mothers -- Monique Dixon and Diana Reyes -- conducted a successful
public campaign to change the law. Both were special invited guests at the bill
signing ceremony which was held at P.S. 165, the Edith K. Bergtraum Elementary
School’s gymnasium in Kew Gardens Hills, Queens where the boys were students.
District Attorney Brown said, “Last October I had to tell Monique Dixon and Diana Reyes that under the law the only charge that I could file against the allegedly drunk driver who caused the death of Monique’s son, Vasean, and serious injury to Diana’s son, Angel, was the misdemeanor charge of Driving While Intoxicated -– punishable by a maximum sentence of only one year in jail. I had to explain to them that under then existing New York law, absent evidence of criminal recklessness or negligence -– such as excessive speed or running a red light or stop sign -– felony charges could not be filed. Today that changes.”
The District Attorney further explained the change by declaring, “a person who makes the choice of getting behind the wheel of a car when he or she is intoxicated and causes death or serious injury will now face State prison time. They will be held accountable for the consequences of their actions.”
District Attorney Brown thanked the Governor, Speaker Silver, Majority Leader Joseph L. Bruno and Queens legislators including Assembly members Brian McLaughlin and Netty Meyerson, for their leadership in fighting for the adoption of the reform in the criminal law.
Shortly after the tragic incident the District Attorney wrote to the Governor and the Legislative leaders urging that the law be changed.
The Governor also signed into law a companion measure that makes leaving the scene of an incident without reporting involving death a felony punishable by up to seven years in prison.
Concluding his brief remarks, District
Attorney Brown said, “But most especially, I want to recognize the efforts of
Monique Dixon and Diana Reyes who –- in spite of their personal anguish –- have
brought us to this day. Their commitment to the enactment of Vasean’s Law was
extraordinary -- and it would not have occurred
without them.”