March 13, 2013 By Christian Murray
A Long Island City man who struck and killed a bicyclist on a Sunnyside street last July was sentenced to five years in prison today.
Alex J. Batista, 25, of 53-36 Van Dam Street, was driving drunk at 10:51 pm along Greenpoint Avenue on July 18 when he drove into Roger Hernandez, a Sunnyside handyman who was riding his bicycle.
Hernandez was thrown onto the roadway near 39th Place after striking Batista’s windshield. Hernandez was pronounced dead on the scene with massive head injuries.
Batista, who fled the scene, was later found by cops after crashing his 4-door sedan into a building about 10 blocks away, at 58-16 Laurel Hill Boulevard. He had passed out, lying down on the sidewalk next to his car.
Batista had faced up to 15 years in prison for second degree manslaughter charges. Instead, he pleaded to the lesser charges of second-degree assault and DWI.
The defendant was also ordered to pay a $1,000 fine and install an ignition interlock device at his own expense in any vehicle that he owns or operates for a period of three years following his release from prison.
The sentencing makes sense if the bicyclist was partially at fault. As I stated before if he was wearing all black on a black bike with no reflectors or light how would anyone even sober see him until it was too late?
So look closely and teach your kids not to be a stupid bike rider. If they refuse to wear a jacket with reflective tape or put a light and reflectors on the bike, because it makes him look like a wussie, then take the bike away you are a parent right?
The cannibal cop is likely going to get over 25 years but this clown gets 5? Sentencing laws make no sense.
Should have gotten more time.
Very low sentence.
What a joke, 5 years. Stupid laws
5 years is awfully low, considering people get more time for having weed on them.