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Crash Cop Trial Goes to Jury

Officer could get 7 years. in fatal DWI By Nancie K. Katz Ð Daily News Staff Writer A jury began deliberating yesterday on vehicular manslaughter charges against an off-duty cop accused of driving drunk when he collided with a motorcyclist. Officer Victor Wilson, 43, of Tottenville, S.I., could face up to seven years in prison if convicted of vehicular manslaughter and criminally negligent homicide. Wilson’s vehicle struck Stefanos Kiladitis’ motorcycle on June 19, 2002, at 88th St. and Fort Hamilton Parkway, according to testimony. The 21-year-old motorcyclist died from his injuries three days later. During a three-week trial in Brooklyn Supreme Court, Wilson contended he was not drunk when he was driving home after bowling with friends. His attorney called the collision a “terrible accident” and accused Kiladitis and his friends of using Fort Hamilton Parkway as a private racetrack, speeding at least 25 mph above the 30 mph limit. He said Wilson did not show any signs of intoxication. Kiladitis’ family has accused the NYPD of protecting its own in the collision. Prosecutors charge the Staten Island cop ran a red light after drinking at a bowling alley while off-duty. Two hours after the accident, Wilson’s blood-alcohol level was measured at 0.11 – .01 above the legal limit. A police officer who arrested Wilson said he did not detect any alcohol when he arrived at the scene, but he testified that a state highway officer suspected Wilson was intoxicated. Even though he knew Wilson had failed his sobriety test at the scene, Sgt. Bruno Bolusi told jurors that he considered him fit for duty based on his observations. During the trial, prosecution and defense attorneys presented witnesses who gave differing views of the cop’s sobriety when the accident occurred. Following the tragic deaths in August 2001 of a pregnant Sunset Park woman her son and her sister, who were mowed down by drunken off-duty cop Joseph Gray, the NYPD has vowed to crack down on officers who drive while intoxicated. Gray was sentenced to five to 15 years in prison. Wilson has been suspended from the force.

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Jury To Get Case Of Cop Accused In Motorcyclist’s Death

Staten Island Advance By REGINALD PATRICK ADVANCE STAFF WRITER The case of Victor Wilson, the Livingston cop accused of driving drunk while off-duty and fatally injuring a motorcyclist in Brooklyn, was scheduled to go to the jury today. The prosecution and defense presented their closing arguments yesterday in Brooklyn Supreme Court. Wilson, who is assigned to the North Shores 120th Precinct, faces up to seven years behind bars if convicted of negligent homicide and vehicular manslaughter in the death of Stefanos Kiladitis, 21, of Bay Ridge. Wilson stands accused of running a red light at a Bay Ridge intersection on the night of June 19, 2002, while impaired by alcohol. He was arrested after a Breathalyzer test taken two hours after the crash showed a blood alcohol level of .116, according to the police. The legal limit was .10 at the time. Defense attorney Todd Greenberg delivered a two-and-a-half-hour summation, raising questions about everything from the reliability of the police blood test to the accuracy of the charge that Wilson had sped through a red light. Greenberg called the deadly crash a tragic accident that didn’t warrant a criminal trial. This is a matter for the Civil Court, not a criminal court, Greenberg insisted. He repeated a charge leveled during the trial that Kiladitis’ recklessness and speeding may have caused the crash. Greenberg noted that one eyewitness, a male model living in Bay Ridge, testified that the Brooklyn motorcycle rider did a “wheelie” and was looking back at his friends and not straight ahead as he sped into the intersection. Stefanos Kiladitis is a victim here and the members of his family are victims, Greenberg said. And that’s sad. But he’s an accident victim, and not a victim of a crime. The evidence doesn’t show that. It would be equally tragic to convict somebody on these charges. Assistant District Attorney Maureen McCormick, in a one-hour summation, countered that the deadly crash was not an unavoidable event. She said Wilson, a 12-year veteran of the NYPD, made a “choice” to get behind the wheel while impaired and then tried to run a red light at the intersection of Fort Hamilton Parkway and 88th Street. This wasn’t an accident in the normal sense of that word, she said. There was a choice to go through with it. Being under the influence of alcohol and passing a red light was a criminally negligent act. A series of choices made the death of Stefanos Kiladitis an inevitability. Jurors were shown a videotape clip of the accident scene. The force of the impact threw Kiladitis almost 100 feet through the air. When he landed he suffered broken ribs, a collapsed lung and a fractured skull. He died several days later. Throughout the three-week-plus trial, the prosecution largely pegged its case against Wilson on test results and a blood sample analysis, as well as the testimony of toxicologists concerning the probably amount of alcohol Wilson drank that night. One expert told jurors that Wilson, who had been bowling at a Bay Ridge alley before the crash, could have drunk as many as nine beers that night. Despite what he described as questionable readings from the Breathalyzer used at the accident scene, Greenberg, in his summation, told jurors that no one at the bowling alley earlier that evening or at the accident scene, including police officers, described Wilson as appearing drunk. The prosecution is relying on the science of these intoxication tests, Greenberg said. But on the other hand, we have the testimony of people who use their senses to look for signs of intoxication. People who bowled with Victor Wilson. People who came to the accident scene. Police who are trained to determine whether someone has been driving while drunk. As the summations were delivered, Wilson, wearing a tan suit and black shirt, sat impassively at the defense table, occasionally sipping from a bottle of water. Kiladitis family and friends filled a row of the courtroom. Reginald Patrick is a news reporter for the Advance. He may be reached at.

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Defense Team Tries to Discredit Toxologist’s Testimony on Defendant’s Alcohol Intake

State Island Advance Livingston cop is on trial for drunken driving and fatally injuring a motorcyclist Saturday, March 20, 2004 By: SAM DOLNICK ADVANCE STAFF WRITER The defense lawyer for a Livingston police officer, on trial for drunken driving and fatally injuring a motorcyclist, tried yesterday to discredit a toxicologist who testified for the prosecution regarding the defendant’s alcohol intake. Dr. Jesse Bidanset, a forensic toxicologist with more than 30 years of experience, testified Wednesday that Police Officer Victor Wilson of Davis Court, who was off-duty at the time, must have drunk eight to 10 beers on the night of June 19, 2002, judging from a breathalyzer test taken six and a half hours after the crash. Wilson, who had been assigned to the North Shore’s 120th Precinct, is accused of driving drunk and fatally injuring Stefanos Kiladitis, 21, of Brooklyn, nearly two years ago. If he is convicted of vehicular manslaughter, Wilson, a 12-year NYPD veteran, could be sentenced to seven years in prison. Defense lawyer Todd Greenberg yesterday called Dr. Bedanset”s methodology flawed, the computer program he used suspect, and his calculations misleading. The witness defended his testimony and said his conclusions were ‘precise and accurate.’ Yesterday’s cross-examination centered on technical details such as absorption rates, specific toxicological tests, and a calculation called ‘retrograde extrapolation.’ It’s unclear whether the jury fully understood the terms of art, but if it’s any indication, two jurors slept through most of the day’s proceedings. Wilson registered a .116 percent blood alcohol level in a Breathalyzer test nearly two hours after the accident. The legal limit at the time was .10 percent, but it has since been lowered to .08 percent. According to Dr. Bidanset, a blood sample from Wilson taken at 5:12 a.m. the morning after the accident registered a .019 and a .020 percent blood alcohol level. Sam Dolnick is a news reporter for the Advance. He may be reached at

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Officer Accused in DWI Death Did Not Seem Intoxicated, Cops Say

STATEN ISLAND ADVANCE By SAM DOLNICK ADVANCE STAFF WRITER A Livingston cop accused of driving drunk and fatally injuring a 21-year-old motorcycle rider in Brooklyn did not appear to be intoxicated at the accident scene, according to two police officers who testified yesterday. Police Officer Victor Wilson, a Davis Court resident who had been assigned to the North Shore’s 120th Precinct, is charged with running a red light at the corner of 88th Street and Fort Hamilton Parkway in Bay Ridge while intoxicated on June 19, 2002, hitting Bay Ridge resident Stefanos Kiladitis and launching him into the air. Sgt. Bruno Boluci, a 15-year veteran assigned to the 68th Precinct, responded to the accident and testified yesterday in Brooklyn Supreme Court that Wilson’s balance was steady, his speech was clear and he did not seem drunk. From his observations, Boluci said Wilson was “fit for duty,” which means he did not believe that Wilson was drunk. However, he did say he “detected a very faint odor of alcohol” on Wilson, who is facing up to seven years in prison if convicted. While interviewing Wilson several hours after the accident, Boluci asked is he had been drinking. Wilson initially refused to answer, but then said he drank one beer, Boluci testified. Wilson took a Breathalyzer test nearly two hours after the crash and blew a .11 percent, which is slightly above the legal .10 percent limit. The police officer who administered the test was scheduled to testify today. Defense attorney Todd Greenberg has suggested the jury should rely more on human observations of Wilson’s state than on the Breathalyzer results. Police Officer Jamie Cafaro, a veteran of almost 12 years also assigned to the 68th Precinct, arrived at the accident scene before Boluci and said yesterday she didn’t observe Wilson drunk. Initially, she didn’t smell alcohol on his breath, but when she spoke to him a second time, she said she noticed “a faint smell of alcohol” but perceived no other signs of intoxication. The Kiladitis family and the Wilson family attended the trial yesterday and shared the courtroom’s second row. Although they were seated just a few feet apart, neither side seemed to acknowledge the other. While some witnesses have claimed Wilson ran a red light, Boluci said Wilson told him the light was changing from green to yellow when he entered the intersection. The questions posed by the prosecution to the officers on the stand uncovered what appears to be a somewhat sloppy police response on the night of the accident. Capt. Brian White, a 22-year veteran who testified yesterday, said he had to ask Boluci three times to take Wilson to the 78th Precinct for further questioning after he was arrested for drunken driving. White said he finally walked Boluci to his police car to make sure he left the scene. Muddying the waters further, Boluci said someone who may or may not have been a police officer removed Wilson’s police baton and helmet bag from his 1995 Chrysler upon Wilson’s request. Boluci said he did not record who removed the items or what exactly was taken. In addition, while completing a form to determine whether Wilson was sober enough for duty, Boluci checked the box “fit for duty,” as well as “unfit for duty.” Boluci said yesterday he meant to check the box “fit for duty.” Sam Dolnick is a news reporter for the Advance. He may be reached at Dolnick@siadvance.com.

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Crash Cop Called Boozy But Fit

By NANCIE L. KATZ DAILY NEWS STAFF WRITER Originally published on March 12, 2004 The police officer who arrested a cop who is accused of killing a motorcyclist while driving drunk said a state highway officer at the scene suspected his colleague was intoxicated. Even though he knew Police Officer Victor Wilson had failed his sobriety test at the scene, Sgt. Bruno Boluci told jurors yesterday that he considered him fit for duty based on his observations. Wilson is on trial for vehicular manslaughter in the June 19, 2002 collision at 88th St. and Fort Hamilton Parkway, when his vehicle struck Stefano Kiladitis’ motorcycle. The 21-year-old died from his injuries three days later. Kiladitis’ family has accused the NYPD of protecting their own in the collision. Prosecutors charge the Staten Island cop ran a red light after drinking at a bowling alley while off-duty. Two hours after the accident, Wilson’s blood-alcohol level was 0.11%-.01% above the legal limit. “He said the light was turning from green to yellow,” at the time of the accident, testified Boluci, who said he did not know at first that Wilson was a cop and did not detect alcohol until a state highway officer arrived. Only after noticing a baton, patrol guide and other NYPD “paraphernalia” in Wilson’s car did he realize Wilson was a cop, he said. “I went to Police Officer Wilson. I detected a very faint odor,” Boluci said. “I notified the duty captain. He ordered the officer to take a field sobriety test.” He said Wilson later admitted he had “one beer.” The officer faces up to seven years in prison if he is convicted of vehicular manslaughter and criminally negligent homicide.

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Conflicting Statements Open Cop’s Trial

STATEN ISLAND ADVANCE By: SAM DOLNICK ADVANCE STAFF WRITER On the first day of the trial of a Staten Island police officer accused of driving drunk and fatally injuring a 21-year old motorcycle rider in Brooklyn, a friend who was riding with the victim testified the off-duty cop ran a red light, causing the crash. Thomas Blanchett, 22, testifying yesterday in Brooklyn Supreme Court, said Victor Wilson of Livingston sped through a red light at the corner of 88th Street and Fort Hamilton Parkway in Bay Ridge, hitting Stefanos Kiladitis and launching him into the air. Wilson, a Davis Court resident assigned for several years to the North Shore’s 120th Precinct, is charged with vehicular manslaughter and negligent homicide in the June 19, 2002 crash. He faces up to seven years in prison if convicted. Blanchett testified that he and Kiladitis of Bay Ridge were riding motorcycles on Fort Hamilton Parkway, as they had done many times before, when the accident occurred. After the crash, Blanchett said he rushed over to Wilson, who was driving a 1995 Chrysler Cirrus, yelling, “You ran a red light! You ran a red light! What’s wrong with you?” Blanchett said he was confident Kiladitis had a green light because he noticed the pedestrian walk signal. He said Kiladitis accelerated as he approached the intersection and saw the light change to green. DISAGREES WITH CLAIM However, Blanchett, who had to be asked repeatedly to speak more slowly and louder during his testimony, did not support the prosecution claim that Wilson was drunk. Wilson did not appear intoxicated and did not smell of alcohol, he said. Wilson, a 12-year veteran of the Police Department, registered a .11 percent blood alcohol level in a field sobriety test about 90 minutes after the crash, prosecutors said. The legal limit at the time was .10 percent. But Wilson’s lawyer, Todd Greenberg, said the accident was actually caused by Kiladitis, whom he said was speeding and driving recklessly. “How would Mr. Wilson know that three young men are using a public residential street in Brooklyn as a raceway for Ninja motorcycles at that particular moment?” Greenberg asked the jury in his opening statement. The prosecution has admitted that Kiladitis was speeding Ð going more than 50 mph Ð when Wilson allegedly hit him, but maintains the officer caused the accident. BOWLING NIGHT Wilson was on his way home from bowling at Mark Lanes, where he bowled every week, when the accident occurred, Greenberg said. The lawyer promised to call to the stand people who’d bowled with Wilson that night, and who would testify the officer was not drunk when he got in his car to leave. During Greenberg’s argument that Kiladitis caused his own death, the victim’s mother, Kalliopi Kiladitis, dressed in black and seated with her family in the second row of the courtroom, sobbed and covered her face with her hands. Before the trial, Kiladitis’ father, also dressed in black, discussed the family’s ordeal. “It’s been very hard for us. It’s been 21 months and he was 21 years old, but as long as justice is served, we will be fine,” said Eletherios Kiladitis. “Steven is dead because on the night of June 19, 2002, he had the misfortune to run into a driver who was under the influence of alcohol,” said Brooklyn Assistant District Attorney Joseph Petrosino in the prosecution’s opening remarks. “That driver is sitting right there,” he added, referring to Wilson, dressed in a brown suit and seated at the defense table. The prosecution also called to the stand Cara Correa, 34, who witnessed the accident. Ms. Correa had moved into an apartment near 88th Street and Fort Hamilton Parkway three days before the crash occurred, she said. She was double-parked on Fort Hamilton Parkway at around 10:30 p.m. unpacking her car, when she heard motorcycles approaching. The light was green as Kiladitis passed her, but she could not be sure if it had changed by the time he reached the intersection, Ms. Correa said. The prosecution planned to call to the stand today several police officers who responded to the accident scene. Sam Dolnick is a news reporter for the Advance. He may be reached at dolnick@siadvance.com.

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Victim Blamed for DUI Death

A lawyer for a cop accused of killing a young man in a drunk-driving accident charged yesterday that the victim was responsible for his own death because he used the Brooklyn residential street as a “raceway for ninja motorcycles.” The trial of veteran police officer Victor Wilson involved in a fatal crash that killed 21-year-old Stefanos Kiladitis began yesterday on charges of vehicular manslaughter and criminally negligent homicide. Prosecutors allege that Wilson ran a red light in Bay Ridge on June 19, 2002, after downing nine beers at a nearby bowling alley. Kiladitis was speeding through the intersection and crashed into the side of Wilson’s car. But defense attorney Todd Greenberg denied Wilson was boozed up and blamed the crash on Kiladitis’ “reckless conduct.” “Mr. Kiladitis was the substantial cause of his own death,” Greenberg said, adding that the young man was going between 50 and 60 mph on a 30 mph residential road. Patrick Gallahue

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Jurors Picked In Trial Of Cop Charged With Dwi Fatality

STATEN ISLAND ADVANCE By: SAM DOLNICK ADVANCE STAFF WRITER Jury selection began yesterday in the trial of a Livingston police officer accused of killing a Brooklyn motorcyclist while driving drunk in June 2002. Officer Victor Wilson, then assigned to the North Shore’s 120th Precinct, is accused of running a red light while intoxicated on the night of June 19, 2002, and killing Stefanos Kiladitis, 21, of Bay Ridge, who was riding his motorcycle on the night. Attorneys for both sides vetted a pool of more than 50 potential jurors yesterday in Brooklyn Supreme Court and selected eight people Ð five women and three men Ð to serve. The remaining jurors will be selected tomorrow morning and the trial is scheduled to begin tomorrow afternoon. Wilson, of Davis Court, was alone and off-duty when he allegedly plowed his 1995 Chrysler Cirrus into Kiladitis’ motorcycle on Forth Hamilton Parkway. Wilson pleaded not guilty to vehicular manslaughter and criminally negligent homicide in August 2002. He faces up to seven years in prison if convicted at trial. While testimony isn’t scheduled to begin until tomorrow afternoon, both the prosecution and the defense outlined their arguments yesterday. Assistant District Attorney Maureen McCormick told potential jurors Wilson may not have been “falling-down drunk”, but that he was legally intoxicated and she would bring experts to testify to that. The prosecution would rely heavily on “science testimony”, she added, a reference to sobriety test results. Wilson’s blood alcohol level was .11 percent, slightly over the .10 percent limit which was legal at the time. A sobriety test was taken about 90 minutes after the crash, authorities said. Wilson’s lawyer, Todd Greenberg, conceded his client had beer to drink that night, but vigorously denied that Wilson had been intoxicated and suggested he would contest the expert testimony and the sobriety tests. Greenberg said he planned to introduce to the jury several people who came into contact with Wilson the night of the accident and who will testify that he was not drunk. Greenberg told the pool of potential jurors that the accident was caused by Kiladitis, whom he said was speeding and not paying attention to the road when he was allegedly hit by Wilson. The accident occurred less than a year after a Staten Island police officer struck and killed three members of a Brooklyn family, including a pregnant woman whose baby died 13 hours after being delivered by emergency Caesarean section. Ex-cop Joseph Gray, a Mariners Harbor resident, is serving a 15-year prison sentence after his conviction on second-degree manslaughter charges for the Aug. 4 crash, which took place only blocks away from where Kiladitis was hit. After the Gray case, the Police Department issued a new policy, stating any cop convicted in a drunk-driving accident in which someone is injured will be fired. If he is convicted, Wilson would be fired under the new rule. Assistant District Attorney Joseph Petrosino is also prosecuting the case, which is being argued before Justice Anne G. Feldman. Sam Dolnick is a news reporter for the Advance, he may be reached at.

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Cop’s Trial in Fatal DWI Set to Start

By Nancie L. Katz Daily News Staff Writer The trial of an off-duty cop accused of mowing down a motorcyclist while driving drunk nearly two years ago begins in Brooklyn Supreme Court this week. Jury selection begins today in the vehicular manslaughter case against Police Officer Victor Wilson, who allegedly crashed into motorcyclist Stefanos Kiladitis on June 19, 2002. Kiladitis, 21, of Bay Ridge, died three days later. Wilson, of Tottenville, S.I., pleaded not guilty to vehicular manslaughter and criminally negligent homicide. He faces up to seven years in prison if convicted. Wilson’s attorneys said the cop was not drunk when he left a Bay Ridge bowling alley while off duty and allegedly ran a red light about a block from 88th St. and Fort Hamilton Parkway, striking Kiladitis’ bike. In a sobriety test taken about 90 minutes after the crash, Wilson’s blood level was 0.11%, which is 0.01% above the legal limit, authorities said. The crash occurred a year after then – Police Officer Joseph Gray struck and killed a family while driving drunk in Sunset Park. After Gray was convicted in April 2002, Police Commissioner Raymond Kelly announced a zero-tolerance drinking policy. The policy was invoked in Wilson’s case, and he was suspended from the force. Kiladitis’ family is demanding tougher laws and punishment for drunken drivers, especially cops. They said they feared Wilson would get special treatment because he is a police officer. Wilson should be punished like anyone else, Kiladitis’ brother John said after the accident. Despite the tougher NYPD guidelines, Brooklyn prosecutors complained that police waited four hours to tell them the accident involved an officer who was allegedly intoxicated. Investigating officers said Wilson smelled of alcohol. After he was taken to the 78th Precinct station house, he refused to take a more sophisticated Breathalyzer test. Police did obtain a warrant to draw his blood. Wilson’s attorney has insisted Wilson was not drunk and accused the motorcyclist, not Wilson, of speeding.

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NUMC, Nassau Settle Suicide Suit

By Zachary R. Dowdy Just over three years ago, James Gunther, veteran emergency services New York City police officer, looped a bed sheet around a clothing hook at the Nassau County jail and hanged himself. It was one in a string of suicides at the Nassau County and Suffolk County jails in the past few years – often among inmates like Gunther, 45, who had mental illnesses. Gunther”s September 2000 suicide surprised officials because he used a hook in his cell designed to be ‘suicide-proof.’ On Tuesday, Nassau County and Nassau University Medical Center, which provides mental health care to inmates, agreed to settle a wrongful death lawsuit filed by Gunther”s family by paying them $875,000 in damages, said the family’s attorney, Todd Greenberg of Forest Hills. The settlement came several days into testimony at a civil trial before U.S. District Court Judge Arthur D. Spatt in Central Islip. ‘We are pleased with the outcome,’ Greenberg said. ‘And the family is very happy that the county and hospital have acknowledged that they didn’t give proper supervision to Mr. Gunther and they are hoping this will not happen in the future.’ Gunther”s family could not be reached for comment. However, county officials said they settled out of fear a jury could award a higher amount in damages. ‘I am glad that this case is behind us and I know that this will not happen again in the same way,’ said Lorna Goodman, the attorney for Nassau County. She said jail officials acted on medical advice that Gunther was ‘fit for confinement,’ and not a high suicide risk. Gunther, of Centereach, was arrested in July 2000 for violating orders of protection to stay away from a former wife. Greenberg said Gunther, whose arrest accelerated a downward spiral that began when his marriage fell apart, had tried to commit suicide three times. Gunther also attempted suicide during one of two other stints at the East Meadow facility when he swallowed pills stolen from an inmate. Nine months before Gunther”s death, Lorecia Cox, 39, of Hempstead, who was arrested for writing a bad check, hanged herself on the same type of hook at the jail. Greenberg said a county health care coordinator, who had participated in the investigation into Cox”s death, testified she did not know how Cox had killed herself until after Gunther”s death was probed. After Gunther”s death, Greenberg and Goodman said, the jail removed the ‘suicide-proof’ hooks from cells. Cox”s family settled a lawsuit against the county for $200,000 last year. Also at issue, Greenberg said, was whether jail officials were negligent in watching Gunther. He was on a mental observation tier but was not watched ‘constantly,’ Greenberg said. While Gunther may have been checked intermittently every 15 minutes or so, Greenberg said, it only takes three to five minutes to commit suicide. ‘Hopefully,’ he said, ‘this case will make all persons involved aware of the need for proper supervision of mentally ill inmates at the jail.’

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LI Subcontractor Pleads Guilty In Fatal Scaffold Collapse

Newsday The Associated Press A Long Island subcontractor pleaded guilty to manslaughter Tuesday in connection with the deaths of five workers killed in a Manhattan scaffold collapse. Philip V. Minucci, 42, of Commack, N.Y., pleaded guilty to a single count of second-degree manslaughter in exchange for a sentence that state Supreme Court Justice Rena Uviller said will not exceed four to 12 years. She set sentencing for Jan. 14. Minucci, head of Tri State Scaffold and Equipment Supplies, Inc., admitted that he erected a scaffold that could not support the weight put on it, and he conceded that he did not have a licensed engineer inspect the structure as the law required. Minucci had been charged with five counts of second-degree manslaughter and four counts of assault for injuries to other workers. Although he pleaded guilty to a single manslaughter count he acknowledged responsibility for all the deaths and injuries. “I was aware that the scaffolding was potentially dangerous,” Minucci told the judge. He said he designed the structure himself but did not know its load capacity. Assistant District Attorney Daniel McGillycuddy interjected that Minucci knew he was required to have a licensed engineer review plans for the scaffold. He said that when the scaffold collapsed, on Oct. 24, 2001, in the courtyard of a Park Avenue building under renovation, it was holding three times its capacity. Prosecutors said Minucci won the job mainly because he promised to put planking at every level of the 13-story scaffold. This allows the work to be done faster because it eliminates the need to continually move the planking upward as the work progresses. However, planking on every level adds significantly to the weight of the scaffold. At the time of the collapse, 16 workers were on the scaffold. Some were crushed to death; others suffocated because their chests were compressed by debris. Munucci had faced up to five to 15 years in prison on each account of second-degree manslaughter, and up to seven years on each count of second-degree assault. Personal Injury attorney Todd D. Greenberg represented the family of one of the workers killed in this accident. Mr. Greenberg’s client, the estate of accident victim Manuel Balarezo Sumba, received a settlement of $3 million. Mr. Greenberg released the following statement in response to the settlement: “The Sumba family hopes that the payment of substantial damages will draw the public’s attention to the seriousness of failing to provide a safe work environment. The family was deeply saddened to hear of a similar accident that occurred only weeks later where two brothers from Ecuador were seriously injured by the collapsing of a scaffold causing the fatality of one of the brothers. The lives of immigrant workers are not expendable and safety precautions must be met.”

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Dad Sorry for Killing Mom

Newsday.com By Herbert Lowe A sobbing former correction officer begged for forgiveness from his 7-year-old daughter yesterday before a Queens judge sentenced him to 25 years in prison for fatally shooting the girl’s mother. But prior to Van Griffin and Justice Evelyn Braun having their say in State Supreme Court in Kew Gardens, the daughter had hers. “I miss my mommy,” the girl, whose name is being withheld because of her age, said of the late Felicia Cosby, who was 26, in a brief note read to the court by the daughter’s grandfather, Keith Cosby. “She’s my best friend,” she added. “Daddy took her away. You should apologize.” Griffin, 38, of Cambria Heights, soon tried. “I am truly sorry for all that has been done,” began the man whom Braun convicted July 29 of first-degree manslaughter in the Nov. 6, 2000, death of Cosby at her South Jamaica home. Griffin then sobbed loudly. “I miss her so much,” he said of his daughter, who was attending her first day of second grade. “I am sorry for what I did to her mother.” Griffin and the victim were involved in a dispute about child-support payments. When Cosby told Griffin to leave her home that night, he shot her five times with a .38 handgun, Assistant District Attorney Steve Antignani said. Griffin turned himself in to the 105 th Police Precinct later that night. Prosecutors charged him with second-degree murder, a charge that carries a top sentence of 25 years to life. But in a non-jury trial, attorney Todd Greenberg persuaded Braun that Griffin’s actions fit the legal definition of “extreme emotional disturbance.” That meant that Griffin could be found guilty of manslaughter, punishable by up to 25 years. “Mercy has been shown already,” Braun said while imposing sentence. “As the (victim’s) family said, he still does have a life. Ms. Cosby, she never gets out. No mercy was shown to her. Hopefully she is in a better place.” Cosby, an aspiring model and dancer who was attending Mercy College, was the mother of Griffin’s second child. He has two other daughters, now 14 and 3 years old, by two other women. Mercy College has set aside a scholarship for Cosby’s daughter for after she graduates from high school, officials said.

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