The driver who fatally struck a 9-year-old-boy in Fort Greene two years ago after erratically driving his SUV up onto a sidewalk plead guilty to criminally negligent homicide yesterday. But the plea deal will most likely spare him a prison sentence—according to the prosecutor handling his case, "There is no smoking gun here."
The Daily News reports that Anthony Byrd, 60, admitted to striking and killing 9-year-old Lucian Merriweather on November 2nd, 2013. Byrd struck a deal with prosecutors, netting himself five years probation and 20 days of community service—he's also had his license revoked for the duration of his probation.
According to the News, Lucian's family helped negotiate the settlement. "Our primary concern was that the person who thoughtlessly killed our son be found guilty of the top charge that he received: criminally negligent homicide,” Lucian’s father, Gregory Merryweather, told the paper. "Our bright and beautiful son was killed in a preventable event and the sole person that is responsible for this tragedy is being held responsible."
Apparently, the prosecution offered Byrd a gentle sentence because they were unable to find him "morally blameworthy" for the incident. "What you see is rather bad driving, poor judgement, poor control of the car, possible pedal misapplication," prosecutor Craig Esswein told the News. "There is no smoking gun here."
Byrd had reportedly been driving an SUV down DeKalb Avenue in the wrong direction that day, and hit three vehicles before jumping a curb and crushing Lucian under his car. Byrd also struck Lucian's 4-year-old brother, who survived.
Byrd will be officially sentenced in May.
