Boy, 11, dies in DWI horror
Mom rips 'murderer'
Vasean Phillip Alleyne with his mother Monique Dixon
A Queens boy run over by an alleged drunken driver died of his injuries yesterday, as his heartbroken family branded the man behind the wheel a "murderer."
Loved ones of Vasean Phillip Alleyne are outraged that under current state law, alleged killer motorist John Wirta can't be charged with homicide or get more than a year in prison.
"The city that we live in, the law says he is not a murderer," the child's mother, Monique Dixon, told the Daily News.
"Well, I tell you what. He most certainly is, because my son is dead now. I woke up this morning without a child."
Vasean and best buddy Angel Reyes, both 11, were struck by Wirta's Ford van as they crossed 73rd St. in Kew Gardens Hills on Friday night.
"Mom, mom, mom," Vasean moaned before lapsing into a coma, witnesses said.
"The neighbors rang my bell and started screaming," Dixon said.
Choked with emotion, she paused to remember the bright seventh-grader who wanted to be a lawyer, who was headed home to pick up pajamas for a sleepover when he was killed.
"He would have been 12 on Dec. 16," she said. "I was blessed by every second of every minute of every hour I had with him."
Vasean died several hours after the crash, while Angel was still hospitalized last night in stable condition with head injuries, officials said.
"They tried to stop the bleeding, but he went into cardiac arrest," Dixon said of her son.
Wirta, 56, who police said had a blood-alcohol content well above the legal limit, was arraigned on two counts of driving while intoxicated and freed on $5,000 bail.
The misdemeanor charge carries a maximum sentence of 12 months behind bars.
Queens District Attorney Richard Brown said that because there is no evidence of "aggravating factors" such as speeding, the law bars him from seeking a harsher penalty.
"This case is another example of the lethal consequences resulting from driving while intoxicated," the frustrated prosecutor said.
"It deserves to be treated with greater seriousness than the law presently allows."
Even Wirta's lawyer, Anthony Rattoballi - while insisting his client is innocent - said it's "surprising" that his client wasn't in more trouble.
"I can understand their feelings," he said of Vasean's outraged relatives. "I think my client would say that, too."
The News has been campaigning to toughen the law so that killer drivers are accountable for their actions, but any change will come too late for Vasean's shattered family.
"He takes one kid's life, he almost takes another, and you take his license away from him," the boy's stepfather, Dwight Thompson, 31, said in disgust.
If he does escape any jail time, the citizens will take matters into their own hands. He's better off in prison.
Now if the driver had owned an unregistered gun he'd really be in big trouble. Nice to know the NYC "justice" system has its priorities straight
I don't know what the answer is, this is too lenient:
I'd think, there would be charges of vehicular manslaughter; What in the world?
People need to owe up to these things too, not try to get away with it.
"Wirta, 56, who police said had a blood-alcohol content well above the legal limit, was arraigned on two counts of driving while intoxicated and freed on $5,000 bail.
The misdemeanor charge carries a maximum sentence of 12 months behind bars."
Wow.
I cannot even imagine this horror. If he is out on bail, I bet he is watching over his shoulder! Naw, he is probably out drinking!
Queens District Attorney Richard Brown said that because there is no evidence of "aggravating factors" such as speeding, the law bars him from seeking a harsher penalty.
Did the driver run a red light or stop sign? Was he driving recklessly? Did he run up on the curb? Did the little boy walk out in the street without looking?
It's hard to tell from the story, but if the little boy died because of his own carelessness, it doesn't matter whether the driver that hit him was drunk or not. Therefore, he should only be charged with DUI.
Somebody ran over a 15 year old here in Austin on Friday night and drove off. The kid will recover, but so help me God if I found that guy.
About this story, I wonder if any traffic laws at all were being violated? Would it make a difference, legally, if the kids just ran out in front of the van, or if the van blew through a red light?
My mom and dad still live in the house where I grew up. Its a small two lane road with eight foot wide dirt strips on each side and no streetlights. Lots of older people walk and they walk next to each other on the road and not in the dirt. Thats not that big a deal although I always moved into the dirt when I saw car coming.
The problem is when you turn the corner in the morning and the sun is just coming up. You are BLINDED. Many times when I was young I drove drunk and never hit anyone thank God.
But not long ago a fellow who had been drinking but wasnt drunk came around the corner at the wrong time. He was blinded and two old fools were walking in the middle of the road. He was very remorseful and did hard time but I always felt sorry for him because I could see it happening to anyone and alcohol would not have to be involved.
So some "accidents" involving someone who has been drinking are accidents. I dont condone drinking and driving and despite my name I have not had a drink in over 12 years thanks to God.
A guy who gets behind the wheel while drunk kills a kid because of his drunken condition, and he can't get more than a year in prison? That is outrageous!