The drunk driver who killed a Queens cyclist last summer will serve 5 out of a possible 15 years in jail, and will be able to drive six months after his release.
Streetsblog reports that Alex Batista has agreed to plead guilty to a class D felony assault charge and misdemeanor DWI for killing Roger Hernandez on July 18th. Hernandez, a 37-year-old handyman, was biking with a bouquet in his basket when Batista struck him as he was "flying by at an amazing speed," bouncing him off the windshield of the car and nearly striking several pedestrians. Batista crashed into a building 10 blocks away, and police found him lying down on the sidewalk next to his car, before he approached an officer "in a threatening manner." Hernandez died at the scene.
While Batista won't be eligible for parole, he will be able to drive six months after he serves his sentence, and after three years of good behavior, he'll be able to drive without an ignition interlock device. Streetsblog notes that Batista isn't the only drunk driver responsible for killing innocent New Yorkers "to benefit from the largesse of DA [Richard] Brown." Two drunk drivers who killed a 6-year-old and a senior citizen both received probation.
In August, a Brooklyn judge scolded the DA's office for failing to bring serious charges against a driver who killed a pedestrian Cara Heyworth in Fort Greene. The driver, who had been drinking at the time of the accident, received a $250 fine and was forced to attend a class.
