John Wirta plea release

Thursday, June 23, 2005

D.A. BROWN: FRESH MEADOWS MAN PLEADS GUILTY TO DRIVING WHILE INTOXICATED IN OCTOBER 2004 VEHICULAR INCIDENT IN WHICH HE STRUCK TWO BOYS AND ONE VICTIM DIED; FACES JAIL, PROBATION, FINE, COMMUNITY SERVICE, DRUNK DRIVING PROGRAM AND LICENSE REVOCATION

Queens District Attorney Richard A. Brown today announced that a Fresh Meadows repairman has pled guilty to driving while intoxicated and admitted that he was under the influence of alcohol while operating his van when he struck two boys ages 11 and 12 at a Kew Gardens Hills intersection last October. One victim died and the other sustained serious physical injuries.

District Attorney Brown said, “The defendant has admitted his guilt, waived appeal and admitted that he operated a motor vehicle while under the influence of alcohol. He has been held accountable for his crime and faces jail and additional sanctions as punishment. The incident was tragic because it involved the loss of a precious human life. But it has also led to an important change in New York’s drunk driving laws. From now on a person who makes the choice of getting behind the wheel when he or she is intoxicated and causes serious injury or death will face up to seven years in prison. No longer will the intoxicated driver who kills or maims face only misdemeanor charges.”

District Attorney Brown identified the defendant as John Wirta, 56, of 75-31 194th Street in Fresh Meadows, Queens, a repairman. The defendant earlier today entered a plea of guilty to the charge of Operating a Motor Vehicle While Under the Influence of Alcohol before Queens Criminal Court Judge Steven W. Paynter. The judge declared that on August 8, 2005 he would impose a sentence of 60 days in jail and the balance of three years probation and a fine of $1,000 and additionally require the defendant to perform 15 days of community service, participate in a drunk driving program and accept revocation of his driver’s license. The judge advised the defendant that he could face up to one year in jail if he were to fail to fully comply with the terms and conditions of the sentence.

The District Attorney said that a criminal complaint charged that on October 22, 2004 at about 7:40 p.m. the defendant was operating a 2002 Ford van proceeding eastbound on 73rd Avenue at 150th Street in Flushing, Queens and struck two boys -- ages 11 and 12 -- who were attempting to cross the street. The victims were found lying semi-conscious in the street.

District Attorney Brown said that the complaint additionally charged that the defendant had bloodshot, watery eyes, slurred speech, an odor of alcoholic beverage on his breath and was unsteady on his feet and that an intoxilyzer test administered to the defendant resulted in a reading of .13 percent blood alcohol content. The legal limit in New York is .08 percent.

The District Attorney said that both children were taken to local hospitals with serious head and body trauma and that Vasean Alleyne, 11, later died as a result of his injuries. The other victim, Angel Reyes, 12, was hospitalized in critical condition.

Assistant District Attorney Nathalie Bell of the District Attorney’s Homicide Investigations Bureau is prosecuting the case under the supervision of Assistant District Attorneys Peter T. Reese, Bureau Chief, Peter J. McCormack III, Deputy Bureau Chief, and Richard B. Schaeffer, Senior Trial Attorney, and the overall supervision of Executive Assistant District Attorney for Major Crimes Charles A. Testagrossa and Deputy Executive Assistant District Attorney for Major Crimes Daniel A. Saunders.