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Weeks After Riverhead Tragedy, Elected Officials Sign On to Hit-and-Run Bill

Local state lawmakers cosponsor legislation to increase penalties for drivers who flee the scene after an accident.

East End state legislators are among the cosponsors of a bill introduced in both houses of the New York State Legislature this month that would increase penalties on hit-and-run drivers — a move that the Suffolk County district attorney says is needed to ensure that drivers are held fully accountable when they are eventually caught.

The legislation would upgrade the crime of leaving the scene of an incident resulting in a death from a class D felony, which has a maximum sentence of 7 years, to a class C felony, which has a maximum prison time of 15 years. Other types of hit-and-run offenses would also be upgraded.

Assemblyman Fred Thiele, I-Sag Harbor, is cosponsoring the Assembly bill introduced July 9 and Sen. Kenneth P. LaValle, R-Port Jefferson, is co-sponsoring the corresponding Senate bill, introduced Friday.

A statement from the office of Sen. Lee Zeldin, R-Shirley, another co-sponsor, says that the bill comes in the wake of the death of Erika Hughes, 24, of Mastic, who was killed in a 2011 hit-and-run. The driver, Preston Mimms, 48, was eventually caught and pleaded guilty last month, but Hughes' family is outraged that his sentence is just one and a third to four years in prison, according to CBS New York.

In December, Scott Wayte died on his 50th birthday when he was allegedly struck by a hit-and-run driver on Main Street in Riverhead.

Joseph D. Plummer, 48, of Middle Island, allegedly fled the scene after striking and killing Wayte -- and set out to concoct a scheme to hide his crime, Suffolk County District Attorney Thomas Spota said.

At a press conference earlier this month, Spota said those who flee make it impossible to not only help the victim immediately, but to determine if the drivers were intoxicated or impaired by drugs.

Spota said Plummer had been drinking vodka out of a water bottle since early morning on the day he allegedly struck Wayte, but because he fled the scene, it was impossible to charge him with any additional crimes.

The bill is designed to ensure that there is greater punishment for drivers who flee, than for drivers who stay to face the consequences of their actions. According to Zeldin's office, under current law drivers under the influence of drugs or alcohol can actually receive less of a punishment if they flee the scene of an accident.

Under some circumstances in which criminal negligence can be proven, a driver may be charged with vehicular manslaughter, which can be a class C or class C felony.

“I have heard and read about too many instances in which individuals have been killed by hit-and-run drivers and it is later determined that the driver was intoxicated," LaValle said. “This bill, rightfully, closes loopholes in the current law.”

Theile shared LaValle's sentiments, stating, "There must be both certain and proportional punishment for those convicted of causing death in a hit-and-run accident. There should not even be a perception that there is an incentive for a drunk or impaired driver to leave the scene of an accident because the penalty for drunk driving is greater than leaving the scene of an accident."

Vince Taldone January 23, 2013 at 02:29 PM
Too many people had to die from often intoxicated, hit and run drivers before our legislators would agree to close the loopholes that they created. The "easy out" for those who run has been in the law for a long time. My nephew was a Patchogue constable (village police officer) who was run down on duty by a drunk driver who fled the scene in 2004. Sadly, prosecutors can only use the blood alcohol levels that they find, when they get the sample, and cannot turn back the clock to calculate how drunk the guilty driver was at the time of the crime/accident. So the man who killed my nephew and ran away did the best thing he could for himself under NYS law - he fled the scene of a crime. The man could not have done anything to save my nephew but he didn't know that at the time of the accident. That fact shows how little he was concerned about the welfare of the person he hit. The penalty for such behavior should match the degree of demonstrated cruel indifference to human life. I will never forget the day that the prosecutors told me about the loophole and that the man who killed my nephew could only be charged with lesser crimes. The perpetrator of the crime therefore got out of jail several years ago - before my nephew's youngest turned five years old. My nephew's wife and his two children still struggle. Their sentence is for life. The murder goes home in a few years. It is time to act Albany !
Scott Wayte's Daughter March 06, 2013 at 08:18 PM
Hey this is the daughter of Scott Wayte I just wanted to write to you to see if you are doing anything to change the law? Because I would love to be involved. Bwayte@yahoo.com

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