Saturday, February 14, 2009

Ex-state trooper gets 5 years in DWI crash that killed Old Bridge man

Ex-state trooper gets 5 years in DWI crash that killed Old Bridge man

FREEHOLD — A onetime state trooper was sentenced Friday to five years in state prison for vehicular homicide in a crash that occurred when his blood-alcohol level was more than twice the legal limit.

Superior Court Judge Anthony J. Mellaci sentenced Christopher M. Brozyna, 29, of Hazlet to the prison term, ordering that he serve 85 percent of it before he can be considered for parole.
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The sentence was for the drunken-driving accident Sept. 14, 2007, on northbound Route 35 in Middletown that claimed the life of Ernesto Stamaria, 55, of Old Bridge.

"It's a tragedy because someone who is sworn to protect and serve society contributed to the taking of a life through his conduct," Mellaci said.

The judge noted Brozyna's blood-alcohol level was between .17 and .189, more than double the legal limit of .08, when the accident occurred. Brozyna was off-duty at the time of the crash.

"Mr. Brozyna and his vehicle were like a time bomb ready to explode," Assistant Monmouth County Prosecutor Gregory J. Schweers told the judge at the sentencing hearing. "He violently plowed into the back of Mr. Stamaria's vehicle, causing (Stamaria's) vehicle to rotate and overturn."

Stamaria was thrown from his sport-utility vehicle and died as a result of his injuries, Schweers said.

Brozyna was treated for minor injuries at Riverview Medical Center in Red Bank. Marisa R. Godleski, 24, of Boonton, a passenger in his car, was uninjured.

Brozyna's attorney, Charles Uliano, told the judge his client is remorseful and eager to make amends for the mistake he made.

A trooper for 22 months at the time of the crash, Brozyna had received a number of commendations, including a meritorious service award, the second highest given to state troopers, Uliano said.

Brozyna apologized to relatives of Stamaria seated in the courtroom.

"I know I'm going to prison for a set number of years," Brozyna said. "The guilt and shame I feel right now is going to haunt me the rest of my life."

The judge ordered Brozyna, who had already been suspended from the State Police, to forfeit his job as a state trooper; barred him for life from any public employment in New Jersey; and ordered his driver's license be revoked for five years upon his release from prison.

"Every year, we read the papers and we see innocent people die for no reason because people who should know better drink and drive," Mellaci said in imposing the sentence.


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First Graduate of South St. Louis County DWI Court

First Graduate of South St. Louis County DWI Court


A big step for one Northland man Friday as he became the first graduate of a first of its kind DWI Court in South St. Louis County.

A big step for one Northland man Friday as he became the first graduate of a first of its kind DWI Court in South St. Louis County. In front of family and other DWI court clients, 41 year-old Ronald Long accepted the program's first diploma. Long spent the last 12 months in the intensive program after getting hit with 3 DWI convictions in a span of four years. The federally funded program that began 1 year ago is an alternative to sending those with felony convictions to jail. Long says it got him away from alcohol and helped him find himself. "I'm ready to live my life again. I'm going to live it day by and I'm never going to forget where I came from. If you never do that, I should not have any monkeys on my back ever," said Long. The court says Long is an inspiration to the program's 24 other clients. Officials say 90 percent of them have been sober for more than 100 days.

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Man charged in fatal DWI is killed by alleged drunken driver

Man charged in fatal DWI is killed by alleged drunken driver


A Pasadena man charged last year in what authorities said was a fatal drunken driving wreck was killed this week, apparently by a drunken driver.

Nicholas Hernandez, 25, was a passenger in a black Ford Mustang that struck a light pole in the 9100 block of the Gulf Freeway service road and rolled several times Thursday. He was ejected from the car.

Police believe the driver, Jose Resendez, 27, was drinking and expect him to be charged with intoxication manslaughter.

If convicted of intoxication manslaughter, Resendez faces anything from two years’ probation up to 20 years in prison.

Harris County Assistant District Attorney Brent Mayr said Hernandez was arrested after the Aug. 3, wreck which killed James Kelleher, 26, and his passenger, 23-year-old Suzanne Penland, who were hit head-on as they drove south on Texas 288.

Mayr said Hernandez was driving a Chevrolet Impala the wrong way on the highway and had a blood alcohol concentration of .30, more than three times the legal limit, when he hit the two friends who were in a Buick LeSabre. 

Hernandez was convicted of driving while intoxicated in 2002 and again in 2003. Because a third DWI would be a felony, Mayr said Hernandez was charged in last year’s wreck with felony murder, which carries a sentence ranging from probation to 99 years or life in prison. He had been released from jail on $100,000 bond.

Mayr said he was going to ask jurors to sentence Hernandez to life in prison.

Felony murder is a charge that alleges that death occurred as a result of a felony, such as arson or burglary, but in this case, driving while intoxicated for the third time.

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Friday, February 13, 2009

'DWI' cop keeps mum at hearing

'DWI' cop keeps mum at hearing


 Reena Rose Sibayan/ Journal photo
Jersey City Police Officer Martin Abreu, 25, leaves the Manhattan Criminal Court with his mother.

Martin Abreu, 25, the off-duty Jersey City cop charged with running down and killing a Manhattan woman over the weekend while drunk appeared in a New York court yesterday and the judge adjourned the case pending action by a grand jury.

Abreu attended the hearing accompanied by his mother. Wearing a white dress shirt and a brown sweater Abreu appeared relaxed and said nothing during the brief hearing, allowing his attorney Jose William Cotto, of Ossining, N.Y., to do the talking.


After the hearing, Abreu and his mother donned sunglasses and left the Manhattan Criminal Court Building on Centre Street, chased by a handful of press photographers.


      Reena Rose Sibayan/ Journal photo
Pedestrians cross West Street at Albany Street in Manhattan, Wednesday, February 11, 2009, where Huang "Marilyn" Feng, 26, and her boyfriend, Dennis Loffredo, 26, were struck by off-duty Jersey City police officer, Martin Abreu, 25, while driving drunk


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Man faces prison term for 3rd DWI

Man faces prison term for 3rd DWI



   A 31-year-old Hudson Valley man faces a prison term after being caught driving drunk for the third time in less than three years.

Luis Gonzalez of Stormville pleaded guilty in Dutchess County Court on Tuesday to a felony charge of driving while intoxicated. He admitted he had been drinking beer on the night last August when police stopped his car in East Fishkill.

The man's blood alcohol level was .18% - more than twice the legal limit - when he was arrested.

In exchange for his guilty plea, Gonzalez was promised a sentence of no more than one to three years in state prison. He remains jailed pending his sentencing.

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Dad tracks DWI suspects as tribute to daughter

Dad tracks DWI suspects as tribute to daughter

18-year-old was killed by drunk driver


CONROE, Texas -- If you're driving west on 105 in Conroe, one billboard stands out above the others. Peering down on passers by, a young woman with a beautiful smile. Meghann Smith was killed by a drunk driver in October of last year, just one month after her 18th birthday. 

"I sure miss her, I know that," said Doug Smith, Meghann's father. 

"Yeah, it's so painful not having her around," agreed his wife, Margaret. 

For the Smiths, the wound is fresh. 

"I really don't want to accept that she's gone and won't be back," said Margaret Smith. "The pain is unbearable." 

This isn't the family's first encounter with a drunk driver. Seventeen years ago, Doug Smith almost suffered the same fate while standing on the side of the road.

"The driver came off the highway, hit me, knocked me a hundred feet down the road and ran over me again as he left," he remembered. 

He's been recovering ever since, and now he's channeling the pain of his daughter's loss into a legacy. 

Smith now roams the streets as a DWI tracker, ever on the lookout for suspicious drivers. When he spots one, he calls the authorities and they do the rest. 

All we are is eyes and ears, an extension," Smith said. "Sort of like a giant neighborhood watch." 

Smith's calls have resulted in 15 DWI arrests in 90 days. 

We went with the Smiths to the spot where their daughter died while she was on the lookout for traffic as her boyfriend changed a flat. 

"It's just like being hooked up to the electric chair," Doug Smith said. "Our hearts have exploded right out of our chests." 

They do what they do now for others knowing that nothing will bring their own daughter back 

"It just wasn' t fair, baby," Margaret said over her Meghann's grave. "I'm sorry. It shouldn't have happened to you." 

Now they hope it doesn't happen to anyone else.



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Man, 34, charged with DWI after vehicle hits pole

Man, 34, charged with DWI after vehicle hits pole


Erie County sheriff's deputies have arrested a 34-year-old man for driving while intoxicated, after his vehicle went off the road and struck a utility pole in the Town of Marilla on Wednesday, sheriff's officials reported.

Deputies Aaron Naegely and Thomas Was charged D.J. Biniaszewski of Cowlesville with DWI, following the accident on Clinton Street.

Biniaszewski was taken by the Marilla Fire Co. to Erie County Medical Center, where he was treated for what deputies described as minor injuries.


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Washington DC school bus driver arrested for DWI

A  Washington, D.C.  elementary school bus driver transporting a class full of students on a field trip in Virginia was arrested on Thursday...