Drunk driver who killed cyclist to be sentenced to 5 years

Likes(0)Dislikes(0)
Print Friendly

32 Responses to Drunk driver who killed cyclist to be sentenced to 5 years

  1. micky

    5 years,thats a joke,scumbag deserves the max.liberal judges again,maybe the next person this punk kills will be a relative of theirs.

    Likes(0)Dislikes(0)
  2. SunnysidePostHatesMe

    5 years , HA, people get more for having some weed on them. if it was someone I loved getting ran over I'd get drunk and run him over SOON as he gets outta prison.

    i'd do 5 years no problem.

    Likes(0)Dislikes(0)
  3. TREATEVERYONETHESAME

    5 years for driving drunk? and killing a man? WOW this guy needs to stay in prison for alot longer than that

    R.I.P Roger Hernandez

    Likes(0)Dislikes(0)
  4. Mr. Murphy

    Agree with the sentiments above, that 5 years does not seem like enough. Don't do the crime if you can't do the time.

    Likes(0)Dislikes(0)
  5. 86Mets

    The above poster is right. People get harsher sentences for smoking ganja.

    Likes(0)Dislikes(0)
  6. Sunnyside Native

    5 years is a pretty light sentence. No justice for the victim's family, IMO.

    Likes(0)Dislikes(0)
  7. Hipster in 511s and Vans

    What a disgrace.

    Likes(0)Dislikes(0)
  8. Bernie

    Five years second-degree assault and DWI ???? What utter nonsense - he killed someone while driving drunk --- he deserves way more than five years. Our criminal justice system concerning DWI cases like this is an insult to our society. Shame, shame, shame...

    Likes(0)Dislikes(0)
  9. PG

    Liberal laws

    Likes(0)Dislikes(0)
  10. rikki

    Here is what i think Look at that bike VERY closely...do you see any reflectors? our parents made us put at least 5 between the spokes on both tires....do you see any headlights....or any reflective tape? on the handlebars or back fender?

    The judge had to give him some time since he was drunk, but the bicyclist was partially at fault for not making sure drivers really saw him.

    Likes(0)Dislikes(0)
  11. Henry

    Point of information. It was a plea bargain so that means the prosecutor agreed. The judge uses sentencing guidelines based on plea bargain for a lesser offense. This is not an issue of liberal judges or liberal laws it is about plea bargaining. Also I'm not a forensic photographic inspector so I can't tell from the photo if the bike had appropriate reflectors or lights or not I can only see it appears to be a white bike which is a good thing. My guess is that if the driver was drunk enough to pass out beside his car shortly after hitting and killing the cyclist even a Vegas style blinking marquis would not have helped.

    Likes(0)Dislikes(0)
  12. Henry

    P.S. if you're upset about the sentence then do something about it. Contacts your elected reps and the prosecutors office and make it known you want them to stop making pleas for things like this.

    Likes(0)Dislikes(0)
  13. SuperWittySmitty

    Can you really tell from the photo that the bike didn't have any reflectors? If anything, the bike IS clearly visible.

    I have reflectors and flashing lights on my bike, but it sounds like this driver was blind drunk. He hit a building!

    Likes(0)Dislikes(0)
  14. Oppressed Masses

    Rikki, you assume that even if the bicyclist had reflectors etc., the drunk driver would have seen him. The driver clearly violated the law while there is no evidence the bicyclist violated any law. The 5 year sentence is too light especially considering it will likely be reduced while the guy is in prison.

    Likes(0)Dislikes(0)
  15. andresito

    Henry's got a point here. The prosecutor would not have offered a 5 year sentence if his case was strong enough to go to trial. In all likelihood, the case was not strong at all, so the prosecutor took the 5 years rather than risk an acquittal and end up with nothing.

    But, Henry, lobbying your elected representative will not change our criminal justice system. Nearly 9 out of 10 criminal cases end in plea bargains. Only slam dunk cases are tried.

    Likes(0)Dislikes(0)
  16. SunnysidePostHatesMe

    Rikki also believes that women who get raped were asking for it with the way they were dressed.

    Likes(0)Dislikes(0)
  17. SuperWittySmitty

    Now we gotta pay for this guy's room and board for the next five years?

    Should be more than incarceration, there should be work program- street sweeping, cleaning trash from subway tracks, something productive.

    Likes(0)Dislikes(0)
  18. JuliaJ.

    Sad story.

    Likes(0)Dislikes(0)
  19. rikki

    Exactly.....BOTH should not have been on the road....BOTH were at fault in the accident, had the driver not been drunk...he wouldn't have served time.

    Its called comparative negligence....

    So dont Ride your bike unless drivers can Really Really see you.....I want to see reflective tape on the back your jacket the back fender

    But I know its not MANLY to look like a geek a mommys boy.....Real men dont ride with reflectors....oh well sometimes you will get killed.

    -----------------
    you assume that even if the bicyclist had reflectors etc

    Likes(0)Dislikes(0)
  20. micky

    rikki,are you related to the driver?

    Likes(0)Dislikes(0)
  21. rikki

    No Micky just a paralegal.......and sometimes the truth hurts ...(or in this case death)

    Likes(0)Dislikes(0)
  22. micky

    rikki,a paralegal,more like a judge and jury.

    Likes(0)Dislikes(0)
  23. pomme1200

    Rikki, your comments are entirely speculative, since the photo of the bike is quite small and it would be difficult to see reflectors, if they were on the bike.

    It's quite unjustified to say both were at fault: there is considerable evidence that the driver was drunk (in addition to striking the bicyclist, he hit a building and was passed out drunk on the sidewalk, as others have noted). Clearly drunk driver vs. small photo of bike with little detail: no reason to conclude both were at fault.

    Likes(0)Dislikes(0)
  24. rikki

    The Judge thought so...or he would have never agreed to such a light sentence....

    -----------------no reason to conclude both were at fault.

    Likes(0)Dislikes(0)
  25. Henry

    Rikki it was a plea bargain and for all we know the sentence was the max by sentencing guidelines for the lesser offense of the plea. We don't know all the facts but they are public record. As a paralegal I would think you would know how to get the public record easily before all this opinion.

    Also I think you mean contributive negligence not comparative negligence. Which can only be applied if its true. You're making up stuff you have no evidence other than a bad photo as to weather your assumptions are valid. Guesses don't hold up in court facts and evidence do. Stop making up stuff please! You're doing your profession a disservice. Are you really a paralegal?

    Likes(0)Dislikes(0)
  26. Oppressed Masses

    Comparative and contributory negligence are concepts that apply in civil matters and have no application in criminal matters. Yes the actions of the victim can be a factor in the crime or degree of crime charged. However, once charged, the defendant is either guilty or innocent; there is no such thing as a criminal defendant being 75% or 50% guilty. Rather, a defendant can be found guilty of a lesser included crime if the evidence does not support a finding of guilt on the higher charged crime, for example manslaughter where the acts of the defendant directly caused the death of another person, versus assault where the acts of the defendant caused physical injury to another person. Too often a DA will use the device of accepting a plea to a lesser included offense and a judge will allow such a plea as a way of clearing cases from the court calendar without regard to the merits of the case. I think that is what happened in the case of this driver probably because there was no one in a position of power to advocate on behalf of the family of the dead bicyclist.

    Likes(0)Dislikes(0)
  27. rikki

    I live in the area that is a very dark corner plus I an a driver and I also bike.

    So i see it from all sides, and yes bike riders today are stupid. And should be held accountable for that stupidity.

    Just think a minute Black hoodie, black bike, no reflectors dark street corner, night time, and you expect a sober driver to see you?

    Likes(0)Dislikes(0)
  28. Oppressed Masses

    No argument with your these points Rikki and bicyclist should be required to wear refective clothing as well as have reflective gear on the bike.

    Likes(0)Dislikes(0)
  29. SuperWittySmitty

    Does "no reflectors, dark hoodie" appear in any official document, or is this speculation? Most of us agree that the photo is insufficient evidence.

    It seems really aggressive to insist on these points as absolutely relevant yet you offer nothing more but your feelings as corroboration. As a paralegal, you probably know all of this, but you refuse to concede that there is no real evidence to back up your version of what happened.

    Is this how things work at law firms today, Rikki?

    Likes(0)Dislikes(0)
  30. rikki

    If you live around here its pretty common so i'm surprised a lot more people haven't been hurt or killed.

    Does “no reflectors, dark hoodie”

    Likes(0)Dislikes(0)
  31. jessica

    Wow. ..its one thing to hit and kill someone while drunk driving but this scumbag actually drove off after the fact! He deserves to rot in hell....I didn't know the victim or his family but I can only imagine the sorrow they feel....

    Likes(0)Dislikes(0)

Leave a Reply

Your email address will not be published.

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Latest News

Roving Repair Service Will Fix Sunnysiders’ Broken Stuff
May 23, By Jackie Strawbridge
Bring that broken desk lamp, leaky coffee pot or wobbly table to Skillman Avenue next month, and a group of thespians will fix it for you. Pop Up Repair, a short-term itinerant repair service,…
Sunnyside Library wins $10,000, deemed one of NYC’s best branch libraries
Sunnyside Library from Well Exposed on Vimeo. May 21, By Michael Florio
The Sunnyside Library won $10,000 after a panel of judges viewed it as one of the best branch libraries citywide. The library, located at 43-06 Greenpoint Ave,…
Eight-story Holiday Inn planned For Woodside
May 21, By Jackie Strawbridge
The western Queens hotel boom has not neglected Woodside, with an eight-story, 135-room Holiday Inn Express planned to go up on Queens Boulevard. The hotel is going to be located at 64-06 Queens Boulevard and is being developed by Century Development Group,…
Woman who threw man in front of train at 40th Street station sentence to 24 years prison
May 20, By Christian Murray
The woman who pushed a man to his death at the 40th Street subway station in December 2012 has been sentenced to 24 years prison, according to the Queens District Attorney’s office. Erika Mendendez,…
Taste of Sunnyside a hit, as hundreds flock to big tent
May 20, By Christian Murray
Local residents turned out en mass to participate in this year's Taste of Sunnyside that was held under a giant tent under the elevated No. 7 line on Queens Blvd Tuesday night. The event was sold out over the weekend and several people who wanted to buy tickets last night were told they were unable to partake.…
MTA aims to cut wait times on 7 line
May 19, By Michael Florio
The MTA is launching an action plan to cut wait times for riders on the 6, 7 and F trains. The plan aims to combat train delays that lead to a large build up of riders at various stops,…
LIC: Ribbon Cut On Borough’s First Planned Parenthood Center
May 18, By Jackie Strawbridge
Supporters of Planned Parenthood turned out in Long Island City this morning to cut the ribbon on what will be the organization’s first center in Queens. A lively crowd of more than 50 people convened at the 21-41 45th Road facility,…
Lopez and Neil Patrick Harris come to Kaufman Astoria to shoot NBC shows
May 18, By Michael Florio
A number of A-list stars are coming to Astoria. Two new NBC shows are being filmed in Kaufman Astoria Studios that include stars such as Neil Patrick Harris, Jennifer Lopez and Ray Liotta. Jennifer Lopez,…
Queens Blvd restaurant expands, takes over space next door
May 15, By Christian Murray
El Buen Sabor, a Colombian bakery/restaurant located at 45-07 Queens Boulevard, is expanding into the space next door that was previously occupied by a thrift shop. The eatery, which has been at its current location for 15 years,…

More Headlines

LIC: Ribbon Cut On Borough’s First Planned Parenthood Center
May 18, By Jackie Strawbridge
Supporters of Planned Parenthood turned out in Long Island City this morning to cut the ribbon on what will be the organization’s first center in Queens. A lively crowd of more than 50 people convened at the 21-41 45th Road facility,…
Lopez and Neil Patrick Harris come to Kaufman Astoria to shoot NBC shows
May 18, By Michael Florio
A number of A-list stars are coming to Astoria. Two new NBC shows are being filmed in Kaufman Astoria Studios that include stars such as Neil Patrick Harris, Jennifer Lopez and Ray Liotta. Jennifer Lopez,…
Queens Blvd restaurant expands, takes over space next door
May 15, By Christian Murray
El Buen Sabor, a Colombian bakery/restaurant located at 45-07 Queens Boulevard, is expanding into the space next door that was previously occupied by a thrift shop. The eatery, which has been at its current location for 15 years,…
Taste of Sunnyside almost sold out, although organizers say there are still some tickets left
May 15, By Christian Murray
Tickets for Tuesday’s Taste of Sunnyside have been snapped up quickly and there is only a small supply left. The event, organized by the Sunnyside Shines Business Improvement District, will feature more than 28 restaurants and will once again take place under the block-long tent on Queens Blvd (between 45th and 46th Streets) below the elevated 7 train.…
Sunnyside bar to hold fundraiser for toddler in need of life-changing operation
May 14, By Michael Florio
A Sunnyside bar is attempting to raise money for a toddler with cerebral palsy who is in need of a life-changing operation. The Jar Bar, located at 45-06 48th Ave, will be hosting the fundraiser this Saturday from 8 pm to 1 am,…
Man enters Woodside store, fires weapon and takes off with cash, police say
May 14, By Christian Murray
A man entered a Woodside auto parts store, displayed his gun and took off with cash Monday, according to police. The police said that the man entered World Pac Auto Parts, located at 55-55 58th Street,…
Run/walk to take place in Sunnyside, fundraiser for the Coalition for the Homeless
May 13, By Christian Murray
A one-mile run/walk is set to take place around the streets of Sunnyside and Woodside later this month to raise money for the Coalition for the Homeless. The event, scheduled for Sunday, May 31,…
Long Island City’s Clock Tower has been landmarked
May 12, By Jackie Strawbridge
The iconic LIC Clock Tower is here to stay. The Landmarks Preservation Commission voted unanimously Tuesday to landmark the 11-story building, known for its neo-Gothic detailing, gargoyles and its glass clock face. The Clock Tower - located at 29-27 Queens Plaza North-- was the tallest building in Queens prior to the construction of the Citigroup Building in 1990.…
5pm: No. 7 train delays continue after 5 hours without service
The No. 7 train was out of service for at least five hours Monday following signal problems at Grand Central and Queensboro Plaza, according to the MTA. The signal problems surfaced at around 11 am and also affected the N and Q lines,…
Reese Witherspoon clip shot in Sunnyside
May 10, Staff Report
The following clip that includes Reese Witherspoon was shot at the former Dime Bank in Sunnyside Friday. The skit appears to have posted online only.…
Irish boxing champ to be in Sunnyside Sunday for a meet & greet
May 10, By Michael Florio
Get ready to rumble. Andy Lee, the current World Boxing Organization (WBO) middleweight champion, will be making an appearance at Maggie Mae’s, located at 41-15 Queens Blvd, on Sunday at 5:30pm. The bar will be offering a free meet and greet with Lee,…
Reese Witherspoon in Sunnyside, shooting skit for SNL
May 8, By Michael Florio
Oscar-winner actress Reese Witherspoon was in Sunnyside today shooting a skit for this Saturday’s "Saturday Night Live." Witherspoon is hosting the show for the first time in 14 years as she aims to promote her new movie,…
Dromm suggests constructing a school at site of old White Castle offices
May 7, By Michael Florio
A new school may soon be coming to the Woodside/Jackson Heights area. Councilman Daniel Dromm has been in discussions with the School Construction Authority (SCA) about building a school at the old White Castle Headquarters at 69-01 34th Avenue.…
Long Island City to get bikepath funding, Sunnyside/Woodside to get trees and library improvements
May 7, By Christian Murray
Long Island City will be getting plenty of funds for an elaborate bikeway in that neighborhood The bikeway is one of the three projects that is going to be funded as part of a vote where residents were able to cast their ballots to determine how $1 million in city funds should be spent.…

Restaurants