Drunk driver who killed cyclist to be sentenced to 5 years

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.

    Like(0)Dislike(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.

    Like(0)Dislike(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

    Like(0)Dislike(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.

    Like(0)Dislike(0)
  5. 86Mets

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

    Like(0)Dislike(0)
  6. Sunnyside Native

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

    Like(0)Dislike(0)
  7. Hipster in 511s and Vans

    What a disgrace.

    Like(0)Dislike(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…

    Like(0)Dislike(0)
  9. PG

    Liberal laws

    Like(0)Dislike(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.

    Like(0)Dislike(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.

    Like(0)Dislike(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.

    Like(0)Dislike(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!

    Like(0)Dislike(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.

    Like(0)Dislike(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.

    Like(0)Dislike(0)
  16. SunnysidePostHatesMe

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

    Like(0)Dislike(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.

    Like(0)Dislike(0)
  18. JuliaJ.

    Sad story.

    Like(0)Dislike(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

    Like(0)Dislike(0)
  20. micky

    rikki,are you related to the driver?

    Like(0)Dislike(0)
  21. rikki

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

    Like(0)Dislike(0)
  22. micky

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

    Like(0)Dislike(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.

    Like(0)Dislike(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.

    Like(0)Dislike(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?

    Like(0)Dislike(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.

    Like(0)Dislike(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?

    Like(0)Dislike(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.

    Like(0)Dislike(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?

    Like(0)Dislike(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”

    Like(0)Dislike(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….

    Like(0)Dislike(0)

Leave a Reply

Your email address will not be published.

Latest News

Nine story office/commercial building to go up at 38-01 Queens Boulevard
Staff Report, May 2
Two real estate companies have teamed up to build a nine-story, mixed use building at 38-01 Queens Boulevard, The Wall Street Journal
reports. Curbcut Urban Partners LLC and Platinum Realty Associates have unveiled renderings for a 146,000-square-foot,…
Woman punched in the face on 7 train, suspect exits train at 46th Street Station
April 30, Staff Report
A 48-year-old woman was punched in the face on the 7-train Friday by another female rider who claimed the victim was staring at her, according to the NYPD. The suspect was involved in an argument with another rider as the train was approaching the 46th Street train station at about 3 pm.…
Burglaries Down Nearly 50 Percent This Year
April 27, By Christian Murray
The high number of burglaries has long plagued residents of Sunnyside/Woodside and Long Island City, but this year the number of reported incidents is down nearly 50 percent compared to the same period in 2015.…
New Yorkers need better transit. Here’s the way to get there
The city should have a majority of seats on the MTA board Opinion: By Jimmy Van Bramer
In 1968, the state took over New York City’s buses and subways and created the Metropolitan Transportation Authority. Nearly 50 years later,…
H&R Block Closes Queens Blvd Location
April 26, Staff Report
The H&R Block office located on Queens Boulevard has closed for good. The owner of the 44-03 Queens Boulevard office moved out Saturday and now the 1,500 square foot space is empty. Nelson Yadgarov, who is renting the space,…
Van Bramer Calls On MTA To Put Up Sound Barrier By LIRR Tracks
April 25, Staff Report
Councilman Jimmy Van Bramer and members of Community Board 2 will hold a press conference Tuesday to call on the MTA to follow through with its promise of putting up noise barriers next to the LIRR tracks on Barnett Avenue.…
Queens Anti-Gentrification Group Forms, Aims to Torpedo Phipps’ 10-Story Proposal
April 24, By Christian Murray
The quarter-page ad in Friday’s issue of the Woodside Herald
is direct: “Together we Stay, Stop the Phipps Development!” The ad was placed by a new group called the Queens Anti-Gentrification Project that was formed eight months ago by a handful of Sunnyside,…
Stop Sign At PS 361 Should Stay Permanently, Parents Say
April 21, Staff Report
Local parents are petitioning to keep the temporary stop signs near P.S. 361 in place permanently. About 100 people have signed a Change.org petition to retain the stop signs at 57th Street and 39th Avenue – an intersection described as vital for a safe passage to and from both P.S.…
Nonna Gina, a popular Sunnyside pizzeria, to close
April 19, Staff Report
Nonna Gina, the brick oven pizzeria that opened at 43-24 Greenpoint Ave. in January 2015, is likely to close, according to its owner. The pizzeria is currently owned by Simone Apollonio, who said the pizzeria had a short lease and that the landlord does not want to renew it.…

Social

LIC Boathouse Kicks Off Season With Fundraiser at Alewife ... See MoreSee Less

View on Facebook

Playground With Nighttime Crime Problem Will Now Get Locked At 9PM ... See MoreSee Less

View on Facebook

Man masturbates on F train, police search for perpetrator ... See MoreSee Less

View on Facebook

7 train rider robbed of cellphone at Queensboro Plaza station ... See MoreSee Less

View on Facebook

Three men assault man while yelling ‘Isis-Isis’ in Astoria Wednesday ... See MoreSee Less

View on Facebook

Chick-fil-A To Open In Queens Center Mall This Fall ... See MoreSee Less

View on Facebook

The Jackson Is Half Sold After Seven Weeks On The Market ... See MoreSee Less

View on Facebook

Simotas Sets Fourth Annual Town Hall For May 12 ... See MoreSee Less

View on Facebook

Sit In A Sculpture Of Mist And Light At Hunters Point South Park This Summer ... See MoreSee Less

View on Facebook

Long Awaited Pulaski Bridge Bikeway Unveiled ... See MoreSee Less

View on Facebook

DOT Puts Parking Meters On 17-Block Stretch Of Northern Blvd, Limit One Hour ... See MoreSee Less

View on Facebook

City Slams Trade Fair For Illegally Moving Bus Stops ... See MoreSee Less

View on Facebook

Robber Draws Gun At Sussex Bank, But Flees With No Cash ... See MoreSee Less

View on Facebook

Identity Theft Drives Crime Rate Up In Astoria Over Past Month ... See MoreSee Less

View on Facebook

Hell Gate Bridge Centenary Planning Kicks Off With Ideas For Mural Painting, Car Show, Fireworks And More ... See MoreSee Less

View on Facebook

Burglaries Down Nearly 50 Percent This Year ... See MoreSee Less

View on Facebook

Queensboro Bridge to Get $244 Million for Repairs in Mayor's Budget ... See MoreSee Less

View on Facebook

Jackson Heights Man Allegedly Kills Girlfriend’s Dog, Faces 7-years Prison ... See MoreSee Less

View on Facebook

VAN BRAMER: New Yorkers need better transit. Here’s the way to get there ... See MoreSee Less

View on Facebook

Stunts, Special Effects, And More Behind-The-Scenes On Display At NY On Location ... See MoreSee Less

View on Facebook

More Headlines

Stop Sign At PS 361 Should Stay Permanently, Parents Say
April 21, Staff Report
Local parents are petitioning to keep the temporary stop signs near P.S. 361 in place permanently. About 100 people have signed a Change.org petition to retain the stop signs at 57th Street and 39th Avenue – an intersection described as vital for a safe passage to and from both P.S.…
Nonna Gina, a popular Sunnyside pizzeria, to close
April 19, Staff Report
Nonna Gina, the brick oven pizzeria that opened at 43-24 Greenpoint Ave. in January 2015, is likely to close, according to its owner. The pizzeria is currently owned by Simone Apollonio, who said the pizzeria had a short lease and that the landlord does not want to renew it.…
7 Train Will Get Two Additional Round Trips Per Weeknight This Fall
April 19, Staff Report
Crowded 7 train straphangers will get a little relief this fall. The MTA will provide two additional round trips on weeknights from 8 p.m. to 10 p.m. starting in the fall. The agency had mentioned the plan at a Sunnyside town hall meeting early this month,…
$1.8M In Winning Participatory Budget Items Announced
Five projects totaling $1.8 million, including several school upgrades, won this year’s Participatory Budgeting process in Council Member Jimmy Van Bramer’s district. Participatory Budgeting allows constituents to vote on how capital dollars will be spent in their district. More than 3,600 people came out to vote for this year’s session.…
The Starting Gate, a well-known Woodside bar, has been sold
April 15, By Christian Murray
The Starting Gate, which has been a popular Woodside bar for decades and a favorite among Irish immigrants, is being sold. Joseph Moloney, currently a bartender, is taking over the 59-10 Woodside Avenue pub along with two investors.…
Korean Fried Chicken Giant About to Open in Sunnyside
April 14, Christian Murray
A Korean fried chicken restaurant will be opening on Greenpoint Avenue this June. The establishment, called Pelicana, will be located at 47-08 Greenpoint Avenue, at the space that was formerly a hardware store. Pelicana, headquartered in South Korea,…
Local Comedy Fundraiser To Support Veterans
April 12, By Michael Florio
Sunnysiders can enjoy comedy for a good cause this month. Comedian Cory Jarvis, a Sunnyside resident, is hosting a comedy fundraiser for the Veterans of Foreign Wars on Saturday, April 30. The show will be held at the VFW Post located at 47-53 43rd St.…
New Queens Culinary Group Hosts Inaugural Event At Sunnyside’s Tangra Asian Fusion
April 11, By Michael Florio
The Queens Dinner Club, a new group aiming to showcase a different Queens restaurant each month, will feature a Sunnyside venue at its first event. The club will host its inaugural event on Thursday at 7 p.m.…
Woodside man nabbed by cops for his involvement in string of robberies, NYPD says
April 9, By Christian Murray
The police have apprehended a Woodside man who was allegedly involved in a robbery pattern that involved 16 stores in Queens and Brooklyn, including three in the Sunnyside and two in Woodside. The police had been looking for August Watkins who they have now charged with one of incidents but are investigating his involvement with others.…
Tickets go on sale for Taste of Sunnyside
April 8, By Christian Murray
Tickets are now on sale for the 2016 Taste of Sunnyside. The event, organized by the Sunnyside Shines Business Improvement District, will feature about 30 restaurants and will once again take place under a block-long tent on Queens Blvd (between 45th and 46th Streets) under the elevated 7 train.…
Sunnyside residents put plans in place to hold a local film festival
April 8, By Michael Florio
Sunnyside will play host to a film festival this summer. Two residents are putting together their first festival that will run on the weekend of July 15th through 17th. It will be called the Boulevard Film Festival and feature the work of Queens filmmakers.…
Man robs three stores in Sunnyside and two in Woodside, part of 3 week crime spree, NYPD says
April 7, By Christian Murray
The police are looking for a man who has been robbing fast food restaurants and gas stations in Queens and Brooklyn in the past three weeks, with his latest victim being the owner of the Subway Restaurant on Queens Boulevard in Sunnyside.…
Years Of 7 Train Work Will Bring Only Two New Trains Per Hour, Unlikely To Keep Pace With Development
April 6, By Christian Murray
As residential towers go up and rezonings appear on the horizon, many 7 train commuters are skeptical that a years-long, $1 billion revamp of the line will alleviate overcrowding. Ronnie Hakim, the president of MTA New York City Transit,…
Cops Nab Duo Behind Skillman Avenue Acid Attack, Part Of A Greater Scam And Cover-Up
April 5, Staff Report
A devastating acid attack on Skillman Avenue last year was part of a nearly million-dollar scam and cover up, according to Queens District Attorney Richard Brown. Two people have been charged for throwing a caustic liquid in a woman’s face,…

In the Spotlight