A Killer Gets a Month in Jail
Sunday, June 21st, 2009By Jeffrey Page
In 2007, 12,998 people were killed in alcohol-related crashes in the United States. Nearly 400 were New Yorkers – possibly our friends, our children, our parents, our neighbors.
Thinking about so many dead can be a difficult abstraction. But they come into focus when you realize they were a population equal to Port Jervis, Woodridge, Walker Valley, Forestburgh and the village of Florida combined.
The greatest atrocities drunken drivers perpetrate on us of course are the bloodshed and misery, and the widows and orphans they create. The randomness of their criminal acts – you could be watering your garden when some drunk runs you down – is terrifying.
Sometimes we’re subjected to additional outrages by judges who pass sentence.
And so we come to the case of Mario Reyes, 59, who was walking to catch a bus home after a night’s work at a shipping company in Miami. It was 7 a.m. when Mr. Reyes had the bad luck to encounter Donte’ Stallworth who drove up in his Bentley.
Mr. Reyes is now dead.
It was time for justice, but justice often is elusive when a case involves one person who is bathed in shiny celebrity and the other in pallid anonymity. Donte’ Stallworth is a (suspended for now) $5 million wide receiver for the Cleveland Browns. Mr. Reyes was a crane operator who likely will soon be forgotten by all but his family and friends.
Stallworth’s blood alcohol concentration at the time he killed Mr. Reyes was 0.126. In Florida, the presumption of drunkenness is reached at 0.08. This doesn’t mean you’re sober at 0.08. It’s just the legal limit. In fact, a 180-pound man who drinks two martinis in an hour will have a BAC of about 0.103.
Stallworth faced 15 years in prison for killing Mr. Reyes.
He was sentenced to 30 days by a judge newly arrived from the planet Neptune.
Thirty days for killing a man going home after a night’s work is not a sentence. It’s a minor inconvenience. To Stallworth, 28, it means he won’t be able to take in a movie, go to a ball game, have dinner out, or stop in for a drink for a whole 720 hours. To the rest of us, it’s yet another atrocity.
Additionally, Judge Dennis Murphy gave Stallworth two years of house arrest and eight years of probation. Not so severe when he could have sent Stallworth away until the age of 43.
Murphy also noted that Stallworth had agreed to pay an undisclosed sum to the Reyes family. That’s very nice, but it seems to ignore the fact that the prosecution was not in the name of the Reyes family but in the name of the people of the State of Florida, all of whom need protection from the likes of Donte’ Stallworth. The sentence also forces you to wonder what would have happened to Stallworth if he were not a rich man.
The judge then ordered Stallworth to make a $2,500 contribution to Mothers Against Drunk Driving, and it is MADD that comes out of this tragedy with its head highest. MADD essentially told Stallworth and Murphy where to stick the $2,500.
“If we took the settlement, we’d be part of the settlement and we don’t agree with the sentence and therefore the settlement,” said Laura Dean-Mooney, the president of MADD.
The sentencing of people who kill with a bottle and a car shouldn’t be a joke.
Here in the Hudson Valley, a 21-year old man from New York City got two years in prison for killing a pedestrian. A man from Shadaken got one to three years for killing a man while driving with a blood alcohol level of 0.11. And in Sullivan County, a man with two previous DWI arrests on his record drew four to eight years for killing a popular 17-year old student. Two years? Three years? Four to eight? Are they the value of a human life?
Of course not, but 30 days is grotesque.
We need a law: Drink, drive, and kill? Fifteen years.
Next case.
Jeffrey can be reached at jeffrey@zestoforange.com