Wednesday, August 3, 2005

D.A. BROWN: FRESH MEADOWS MAN SENTENCED IN DRUNK DRIVING INCIDENT IN WHICH TWO YOUNG BOYS WERE STRUCK; CASE LED TO ENACTMENT OF VASEAN’S LAW

Queens District Attorney Richard A. Brown today announced that a Fresh Meadows repairman has been sentenced to jail, probation, a fine, community service and a drunk driving program for driving 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. The case led to the enactment of Vasean’s Law substantially increasing the penalty for drunk driving resulting in death or serious injury.

District Attorney Brown said, “The defendant has admitted his guilt, waived appeal and acknowledged that he operated a motor vehicle while under the influence of alcohol when he struck two young boys, fatally injuring one of them and seriously injuring the other. The incident was particularly tragic because it involved the loss of a precious human life. But it also has led to an important change in New York’s drunk driving laws.”

The District Attorney Brown added, “In the months since the tragic incident -- and as a result of the persistence of the victims’ mothers -- New York’s drunk driving laws have been amended and greatly strengthened. Vasean’s law is now the law of New York State. 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 state prison. No longer will the intoxicated driver who kills or maims face only misdemeanor charges.”

District Attorney Brown also said, “Importantly, today’s sentence provides to the mothers’ of the young victims -- and the surviving victim, as well -- a degree of closure. It has resulted in swift and certain justice and provides them with the knowledge that the defendant has publicly admitted his guilt. And it spares them from having to endure a long and difficult criminal trial that would be extremely painful to them.”

District Attorney Brown identified the defendant as John Wirta, 56, of 75-31 194th Street in Fresh Meadows, Queens, a repairman. The defendant pled guilty to the charge of Operating a Motor Vehicle While Under the Influence of Alcohol on June 23, 2005 and was sentenced earlier today before Queens Criminal Court Judge Steven W. Paynter to 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 according to the criminal charges on October 22, 2004 at about 7:40 p.m. the defendant was operating a 2002 Ford van proceeding eastbound on 73rd Avenue at 150t 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 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 a blood alcohol content of .13 percent -- which exceeded the legal limit of .08 -- at the time of the incident.

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.

District Attorney Brown said, “Hopefully, that which occurred last fall in Kew Gardens Hills and the enactment of Vasean’s Law will serve as a wake-up call -- a reminder of the sad and tragic consequences of drinking and driving. Hopefully, it will prevent tragedies such as that which occurred in this case and help to create an environment in which drinking and driving is simply unacceptable.”

Assistant District Attorney Nathalie Bell of the District Attorney’s Homicide Investigations Bureau prosecuted 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.