Teenage girl sentenced in DWI fatality

Via MattarMedia LOCKPORT— Ashley M. Sullivan is in the Niagara County Jail today, and Facebook may be to blame as much as the car crash that killed a Niagara Falls man.

Sullivan, 17, of Linden Avenue, North Tonawanda, was sentenced Wednesday to six months in the County Jail and five years’ probation for crashing her car while drunk and killing her boyfriend May 30 on Sweeney Street in North Tonawanda.

She pleaded guilty Nov. 18 to criminally negligent homicide and misdemeanor driving while intoxicated.

The Buffalo News has learned that Sullivan went to Florida a month after the crash and posted a photo on her Facebook Web page captioned, “Drunk in Florida.”

“I’m troubled by your conduct since the crash,” County Judge Matthew J. Murphy III told Sullivan, “and that’s the reason for the jail sentence.”

Murphy also refused to grant Sullivan youthful offender status for the same reason.

“I don’t believe the defendant has earned it,” the judge said.

Murphy, in reading the terms of probation, went out of his way to emphasize to Sullivan that she isn’t allowed to drink for the next five years.

“You’re 17 years old. You’re not old enough to drink,” Murphy said.

When defense attorney Glenn Murray said in court, “This young woman is remorseful,” someone laughed among a crowd of more than two dozen of the victim’s friends and relatives, drawing a reprimand from the judge.

Sullivan was drunk at 2:21 a. m. May 30, when she crashed her car into a brick pillar in front of Deerwood Golf Course. Her blood alcohol content was measured at 0.13 percent — the legal standard for intoxication is 0.08 percent—and her speed was estimated at 56 mph in a 30-mph zone.

Her boyfriend and passenger, Alex Rozicki, 20, of Niagara Falls, was killed.

“They say he died on impact. Sometimes I hear him screaming and then, silence,” Renee Rozicki, the victim’s mother, said in court. “I wonder if he felt any pain or fear.”

She said her son was a huge Buffalo Sabres fan and was buried with his Sabres jersey.

“Alex was an organ donor. He thought that from an early age that if anything happened to him, he could leave parts behind to give somebody a better life,” his mother said.

Deputy District Attorney Theodore A. Brenner said Renee Rozicki told a probation officer during the presentencing investigation that she would prefer a split sentence combining jail with probation.

“That’s awfully decent of her,” Brenner said, adding that the family opposed youthful-offender status.

Murphy, who could have sentenced Sullivan to up to four years in state prison, said his decision was difficult “because of the defendant’s extreme youth and her past history.”

He ordered that after Sullivan gets out of jail, she will be under electronic home monitoring for a year. He also revoked her driver’s license.

“My client failed to consider the consequences, the tragic consequences,” Murray said. “This offender understands the tragedy she is responsible for. She will never forgive herself.”

He said Sullivan had decided not to speak at the sentencing, although when Murphy asked her, Sullivan managed to say, “I’m very sorry,” before breaking down in tears.

The Rozicki family is expected to file a wrongful death suit against Sullivan. Attorney Robert Viola of Niagara Falls is handling that case.

Man to learn fate for fatal DWI crash

Via MattarMedia BUFFALO, N.Y. - A southtowns man will learn his punishment for the drunk driving crash that killed an off duty Buffalo police officer.

Raymond Jamison Jr, 22, of Boston, will be sentenced for the accident that killed 39-year-old Officer Jose Colon.

Jamison pleaded guilty to DWI, criminally negligent homicide and vehicular assault.

He hit Colon on the Niagara Thruway, in July.

Suspect in road rage crash indicted by grand jury

Via MattarMedia Syracuse - Murder suspect William LeVea was indicted by a Cayuga County grand jury Wednesday for allegedly killing a man during a road rage incident in November.

Police say LeVea, 79, repeatedly slammed his car into the back of a pickup along Route 370 in Cato on Friday, November 20. They say this caused the driver of the pickup, Christopher Spack, 41, to loose control. Spack’s pickup was hit by an oncoming truck, and he died at the scene.

At a bail hearing earlier in December, LeVea's attorney said his client may have dementia or Alzheimer's. A competency exam showed LeVea is not suffering from any mental deficiencies, and was fit to stand trial.

LeVea was indicted on second degree murder, aggravated vehicular homicide, manslaughter, vehicular manslaughter, two counts of reckless endangerment, two counts of assault, vehicular assault, two counts of driving while intoxicated, reckless driving, two counts of criminal possession of a weapon and following too closely. If convicted on the murder charge, LeVea could face 25-years-to-life in prison.

LeVea is being held without bail in the Cayuga County Jail, and is due back in Cayuga County Court for an arraignment on January 28.

Man imprisoned in car crash death

Via MattarMedia - The man who lost control of his vehicle in March after drinking and driving, which led to his friend's death, was sentenced Wednesday to 3½ to 7 years in prison.

Michael S. McLevy, 23, of Parma was convicted earlier this month of criminally negligent homicide and second-degree vehicular manslaughter in the death of Anthony M. Mastrodonato, 23, of Spencerport in a one-car crash in Gates March 27.

Though McLevy was also convicted of driving while intoxicated and driving while ability impaired by a combination of alcohol and drugs, he was acquitted of driving while ability impaired by drugs. A Monroe County jury also acquitted him of second-degree manslaughter, the highest felony charge that had been filed by the prosecution.

McLevy was driving his car, with Mastrodonato as a passenger, at 2 a.m. when he lost control on Spencerport Road, near Marc-Mar Trail. The car was traveling at 83 mph when it hit a landscape embankment, flipped, landed on its roof and caught fire.

Before sentencing McLevy to the maximum, Judge Patricia D. Marks listened to Mastrodonato's sister speak on behalf of his family and to a letter written by Mastrodonato's mother and read by Monroe County Assistant District Attorney Perry Duckles. Both stated that McLevy's actions that night destroyed the family.

"When Anthony died, I lost more than my baby brother, I lost my best friend," said his sister, Gina Mastrodonato, 26.

McLevy also wrote a letter that his attorney, Mark Young, read before the sentencing.

McLevy said in his letter that he lost his best friend in that accident and that every morning he wakes up he feels "awful."

"I truly miss my best friend," McLevy's letter read. He added that in August he and his girlfriend had a baby and they named him Christian Anthony McLevy, in honor of Mastrodonato.

Hit-run driver suspected in death of bicyclist

Via MattarMedia - A hit-run driver is believed responsible for the death of a bicyclist at about 11:30 p. m. Saturday on Route 5 near Herr Road in the Town of Evans.

Jay B. Murphy, 51, of Evans, died shortly after being struck as he rode or walked his bike, Evans police Lt. Thomas George said.

“The Detective Bureau is out right now with different leads,” George said. “The vehicle was gone on arrival.”

Police believe the vehicle might have front-end damage, he added. Anyone who saw the accident should call police at 549-3600.

Boop gets maximum sentence in fatal Wheatland DWI accident

Via MattarMedia - During the trial of Aaron M. Boop on charges that he killed friend Nicholas A. Zajac while driving drunk in Wheatland, jurors were shown graphic photos of Zajac's devastating injuries.

Testimony had to be halted briefly when the photos, displayed on a courtroom monitor, caused several jurors to become physically ill. After deliberations, the jury convicted Boop in Zajac's death.

Handing the maximum penalty of five to 15 years in prison to Boop on Wednesday, Monroe County Court Judge Alex R. Renzi said he was struck by Boop's lack of reaction to the photos that sickened jurors.

"I looked over at you," Renzi said. "It was like you were watching a video game. No remorse, no change of expression. Nothing."

Boop, 20, of Avon, Livingston County, was found guilty last month of first-degree vehicular manslaughter, second-degree manslaughter, first-degree aggravated unlicensed operation, driving while intoxicated and driving without a license because of a previous DWI conviction.

Before he was sentenced, Boop apologized to Zajac's family, blamed a store clerk who sold him beer even though he was underage, and said a long prison term would separate him from his wife and newborn son.

"I didn't mean for this to happen," he said. "They lost their son and I lost mine. My son might not accept me as his father if I'm away for a long time."

But Renzi said he doubted Boop's sincerity.

"I think you only feel sorry for yourself," Renzi said. "You even act like you're sort of a victim here."

Boop lost control of his pickup at Beulah and Vallance roads and hit a tree on Oct. 21, 2008. Zajac was ejected and died at Strong Memorial Hospital.

Boop had a blood-alcohol content of 0.20 percent — more than twice the level needed for a DWI charge.

Jurors rejected Boop's claim that Zajac, 16, of Wheatland was driving.

Assistant District Attorney Perry Duckles said evidence presented to the jury, including Boop's DNA on the driver's airbag, firmly established that Boop was driving.

"The proof of Mr. Boop's operation was, in my opinion, overwhelming," Duckles said.

Boop's learner's permit was revoked after he was convicted of driving drunk in Genesee County in 2006. He was given youthful offender status and put on probation to deal with a drinking problem.

"You had a chance to change your life and you didn't do it," Renzi told him.

Boop's family declined to comment outside court after the sentencing. Zajac's father, Bill Zajac, said he's uncertain how to take Boop's apology.

"I hope he's sorry," he said. "I really do hope he's sorry. I hope his life turns (around) in the long run."