DISQUS

vigilante · 1 year ago

I have a friend who went through something similar to this and the defense attorney for her did not want an apology written or spoken before the trial as it would imply guilt.
It's cold but that's the way it is. There just might be an apology on it's way as we speak...Who knows?

Just97 · 1 year ago

90 days in jail for taking a child from his family?

that is absurd !

NancyG · 1 year ago

What kind of message does this send? It's ok to have road rage, speed when you want, pass inappropriately and you're not held responsible? Maybe it's time to revisit the statutes or jury selection. 90 days for the life of a child. How pathetic! Try reviewing some of the prior articles in the Tribune and look at some of the sentences given for less serious offenses.... where does this double standard come in? If the victims name was different would there have been a different outcome?

Commentard · 1 year ago

Maybe I'm reading this wrong but it looks like the jury wasn't even presented with the option.

Here:
"Gianni did not face a felony motor vehicle homicide charge because he was not intoxicated or under the influence of any drugs, police said at the time of the accident."

Honest Man · 1 year ago

This breaks my heart. No wonder why some parents take the law into there own hands.

Ali G · 1 year ago

Lets hope this driver rots in hell someday...

MR. FOOT from Methuen · 1 year ago

Poor child. My heart goes out to him and the family. Don't surprise me that this happened in the city of Lawrence where the drunks get drunker and crack heads run the city.

JJS · 1 year ago

Lousy court system!

Bill · 1 year ago

I feel for this family. It is horrible...but he who has not sinned cast the first stone. We have all been aggravated while driving and maybe acted like we normally wouldnt. I am sure this gentleman is living in a personal hell and will for the rest of his life. He did not intentionally kill this boy..hold him responsible? Yes.....but there before the Grace of God go I

Buford Pusser · 1 year ago

You should be flayed alive.

The child is dead and there are virtually no consequences for this clown.

Typical baby-killing Massholes.

JL · 1 year ago

Hey Buford,

90 days in jail and probation for 3+ years is hardly "no consequences."

Still: I'd rather be a Masshole than an ignorant, under-educated person any day of the week.

Buford Pusser · 1 year ago

For killing a child because of your reckless behavior? Put your kid on the street, then we'll talk.

Fax me your PhD diploma then you can talk, chump.

Andria · 1 year ago

Consequence? Are you joking, this person is getting a walk in the park. This child lost his life, his family lost a great child.He did no harm.

This person should at least serve 2 years in prison.

MR. FOOT from Methuen · 1 year ago

I agree with your comment.

Commentard · 1 year ago

I would LIKE to agree with your assessment but I just can't. How do we know this guy didn't intend to kill a kid? And even if he didn't (which is obviously most likely) are we now giving homicidal maniacs a means of killing people without serious consequence?? This sets an AWFUL precedent.

mfd · 1 year ago

this has to be the worst miscarrage of justice i've ever seen. he took a life and should have to be held responsible for his actions he may not have ment to do it but it still happened. he broke the law and the outcome was a loss of a childs life!!!!!!!!!!

Horrified · 1 year ago

Three months in jail because he could not control his anger at another driver? So killing a pedestrian is not a felony? And he will be driving again, as soon as he is out of jail, even without a license, because obviously the laws of driving in Massachusetts mean nothing to him. Part of his sentence should have been to face the family of that child, look them in the eye and try to explain his outrageous behavior. My prayers are with the family of his victim.

Michy · 1 year ago

As for the information of this horrified person. He will never drive again due to this accident. He is completely disabled and though this is not in the paper he has already given his license to drive a motor vehicle up. I truly believe that no one knows what this man is going through unless you know him or went through something like this yourself first hand. I think people need to know the man behind this accident and it is truly a sin that no one does as of yet. He wanted to run up to this woman and tell her was sorry but was strictly forbid to do so by council. Sorry no one sees the other side to this. Sad!!!!

Michy · 1 year ago

As for the information of this horrified person. He will never drive again due to this accident. He is completely disabled and though this is not in the paper he has already given his license to drive a motor vehicle up. I truly believe that no one knows what this man is going through unless you know him or went through something like this yourself first hand. I think people need to know the man behind this accident and it is truly a sin that no one does as of yet. He wanted to run up to this woman and tell her was sorry but was strictly forbid to do so by council. Sorry no one sees the other side to this. Sad!!!!

dumbs · 1 year ago

I know jimmy... And he hasn't driven anything since!

law- town fred · 1 year ago

anyone who lives in this neighborhood knows that the kids don't even look before they cross. This man, whom i do not even know, was not drunk or on drugs. Unfortunately, this young boy stepped off a curb and walked out onto rt 114 in an area where there was no cross walk and was struck. while this incedant was tragic, it was still an ACCIDENT for which the victim was partially at fault. This is why the sentence seems short. With the new high school now open this will likely happen again.

smack · 1 year ago

Fred...you were frighteningly coherent here. I'm pouring another 8 fingers and thinking about retiring

Lee8531 · 1 year ago

Fred, the NEW high school was OPENED last year when this all happened. This guy didn't even get arrested even hitting the boy. That's what ticks me off. And the family is hurting. As he had an older silbing and a baby sister at the time of the incident.

heyseussmcgod · 1 year ago

Poor impulse control, lack of lucid thinking. He should never be licensed again.

JL · 1 year ago

heyseussmcgod,

Yeah, otherwise known as a mistake. Ever made a mistake or had a accident, chief? Do you think we should take your license away just so you won't do it again?

heyseussmcgod · 1 year ago

Yes

heyseussmcgod · 1 year ago

BTW i'm Mc Chief, cutie pie

Michy · 1 year ago

Funny, all the people who have commented below against the defendant getting off to easy must be experts in the field of law. Does the family know or anyone else for that matter that the family was given the advice of a lawyer not to approach the family during the trial. How can people assume they know the whole story here this story is all one sided so far. Being one sided seem to be the conscensus here though and it is pretty sad if you ask me. A good, honest, respectable family man who had recently lost his own daughter to a mishap (I am sure this was not the subject of the morning paper) feels the guilt every day over this crash. People do not even know what this man and his family is putting themselves through over the defendant feeling that he did this to another family. The guilt is punishment enought and for those that have never felt this will never know that he is in jail for the rest of his life in his mind. LYD - Michy

Commentard · 1 year ago

Its not as though people are acting out based on what the comments in the tribune site are telling them. We comment based on the information we have available to us- just like a jury convicts based on the information they have available to them.

We're not right or wrong. We're opinionated and base those opinions on what we know.

law- town fred · 1 year ago

Michy,
did you read my comments?

Michy · 1 year ago

I just did and thank you finally someone knows that there is a person behind this horrible accident. I truly believe that everyone has been on 114 when some kid ran across the street or they had to stop really fast because of a kid and no one admits to it but when this happens they automatically find the person driving at fault and that is the law. No matter what the pedestrian was doing the driver is at fault. Sad but true. Thank you I know there is good people out there that know that this was just a horrible, horrible accident and that a little precious boys life was lost as a result and everyone hates Jim because he is the bad guy right now. That is how it goes. Thanks for being a person who sees both sides. The family of the defendants thanks you too.

Buford Pusser · 1 year ago

Enjoy watching your boy, Obama, losing.

If this was really an accident, the driver would not be charged with any crime. That scenario happens every day and truly innocent drivers are released... not that they don't feel terrible about it.

Obama reflects your belief that there is no right or wrong and that no one (except people who stand up for the rights of the unborn) can be judged for anything.

Put your kid out on 114 to become road pizza and then ccall us.

Copa · 1 year ago

Yeah, this is a place where politics needs to be addressed. I'll address something Buford, you are an ignorant, uncaring, blowhard. Have a little respect, but you can't control yourself, much like the Andover fireman.

Sgt · 1 year ago

Looks like Copa 2, the liberal-elite from Andover, and proud ACLU supporter is still using my screen name - that I have been using here for 8 months.

Unreal · 1 year ago

Another SUV driver that had the need to speed because some car was in front of him. 90 days in jail. Big F-in deal. The parents of that child got life. They should hang him for the nearest tree.

law- town fred · 1 year ago

he swerved to avoid the car infront of him that slammed on its brakes because these kids darted out onto a major road connecting lawrence and North andover. once again, in case you missed it the first time. very tragic, however this is exactly why j-waliking is punnishable. Happens in new york all the time.

Buford Pusser · 1 year ago

If he couldn't stop in time, he was going too fast.

Chapter 1, teen drivers handbook.

Haverhill · 1 year ago

I feel bad for the family of that child but on the other side of the coin i travel 114 to get to 495 i have children and adults walk
right out to the road without looking. Not that Mr. Gianni was
in the right . But this could have happend to anyone. it was a
tragic accident. Maybe the new traffic lights put up will help

BD · 1 year ago

People get hit by cars everyday. At least he faced the music like a man and didn't try to drive off which is what people ussually do. I'm sure he knows what happened was horrible and he has to live with it for the rest of his life.

Randy · 1 year ago

What an injustice

Mike · 1 year ago

Um, let's look at it from the other side: the kid was trying to cross 114 in a location without lights and crosswalks. He obviously didn't make it.

As much as I pray I never have to experience either side of this tragedy, I believe justice was served.

Frank · 1 year ago

I believe this was a tragic accident. I feel sorry for both families. Let God do the judging

Ann · 1 year ago

Sorry Mike, I agree with April. Take responsibility for your actions and have the decency to apologize. A friend of mine hit and killed a child 30 years ago, it wasn't his fault. He apologized at the scene to the mother and she forgave him. It went a long way to helping them both heal. (and she didn't sue him)

JL · 1 year ago

Sorry Ann, but Mike is basically correct. 99.95% of defense attorneys will tell you to not say or write anything that even approaches an apology. The fact that the man didn't drive away, stood up and had his day in court is taking responsibility for his actions.

There were two tragic mistakes made that day: the man for losing his cool and racing around the stopped vehicle in front of him, and the boy for risking and ultimately losing his life, thinking that crossing 114 where he did was somehow not a problem.

I also would place some blame on the vehicle that stopped to let the boy cross: that was an incredibly stupid thing to do, especially on a roadway such as 114.

WhatswrongwithMassachusetts? · 1 year ago

What do you expect from the most liberal state in the U.S.?

McCain/Palin 08

moron · 1 year ago

whatswrongwithmass? whats wrong with you... get your dumb fr*ggin political bogus out of here... if you dont have anything intelligent to say, go fry your @$$

dissapointed · 1 year ago

i hate to bring this up. but if it was a hispanic man who did this to a white family. forget it, he would never see the sun again. this judge is very unfair.

MR. FOOT from Methuen · 1 year ago

Come on dissapointed. April brought the same question up earlier. Don't you read the prior post before commenting? That shows lack of intelligence. Are you from Lawrence?

DontJwalk! · 1 year ago

This was tragic. I see it all the time, living in Lawrence, people cross the streets wherever-they HARDLY EVER use a crosswalk, I don't even think they know what those white marks on the road mean? Because I see them cossing not 10 feet away from a marked crosswalk. Is it really that much effort to walk over to where the crosswalk is???? Then you see parents with little children holding hands, crossing in the middle of the street-teaching the next generation to IGNORE crosswalks, and why are J-walkers not given tickets here? WHY???

A Bereaved Parent · 1 year ago

I am saddend by many of the comments I have been reading. My heart goes out to both families as a bereaved parent myself. Though I agree we are all entitled to our personal opinions and beliefs I feel it is important to be open-minded. It appears Mr. Gianni is a bereaved parent. Dario's mother is now a bereaved parent. Regardless of how our children die, the loss is beyond a person's imagination unless he or she has experienced it.

Two families have suffered through this tragic accident. Clients are strongly urged not to have any contact whatsoever during the trial by the DA and attorneys. How does one know what Mr. Gianni is going through? How does one know what Viviana Restro is going through? It is important to remember to be open minded and know all sides to a story before making assumptions and judgments and even at that, who are we to judge others?

The most horrible judge of most individuals is the individual her/himself. Most people know right from wrong and when something such as this happens, there is no amount of punishment a person can be given by any authority that will outweigh the punishment the person puts on him/herself.

For Viviana, no amount of punishment will bring back Dario though I agree punishment should be given as we are accountable for choices we make whether unintentional or intentional. I hope you can find some peace in your memories of Dario and know you are in my thoughts.

For the Gianni family, my thoughts are with you also as you have experienced the loss of a child. You know all too well what the other family is experiencing in the loss of their child.

It is not my place to pass judgment, only to offer my sympathies to both families who have lost.

kat333 · 1 year ago

Good comment.

Bill · 1 year ago

A Bereaved Parent:
I am so sorry for your loss whatever that may be...It is impossible to understand what it is like to lose a child unless you have been there. You make more sense than any one here. God bless you

K · 1 year ago

I feel sorry for the lost of Dario's family. I cannot even imagine losing a child. It must be devastating. However, how many of you have gotten aggravated with the dirver in front of you, pulled around another car? This could have been anyone that was driving that car.
Have any of you driven on 114 lately after 3p? I do it every day. It is terrible. The students from the HS just step off the curb without looking! They don't care! I think the school needs to teach these kids how to use a crosswalk and WAIT for the light to change. If this type of accident happens again I WILL NOT be surprised.

vigilante · 1 year ago

This doesn't happen just in that area, it has more to do with today's youth no matter what background. Today's kids just pull there hoodies up and walk right off the curb, no looking right or left, even if they are pushing a baby carriage. I guess to them that would show weakness.
They are more concerned about showing a perceived weakness than a confirmed ignorance.
They seem to be ill informed about the damage that 2 tons of steel at 30 to 40 MPH might possibly have on there future.
Driving through downtown Haverhill on a regular basis has taught me that a lot of people that are of a more mature age (meaning old enough to know better) think the same way.
I am in no way letting this driver off the hook, in this case but there are two sides to every story and from my experience there is most likely blame on both sides.
My sympathies go out to all involved.

kat333 · 1 year ago

Why should it be the school's responsibility to teach kids how to use a crosswalk?

Doesn't the school have a traffic control person?

juju · 1 year ago

I'm sick to my stomach with this story, the punishment does not fit the crime. This man was over speed limits, angaged in road rage and he gets 90 days. This world is F-ed up, chances are the homeless lady that stole the chicken from Demoula's the other day might get more time than this fool. Worst of all how can this man sit in the court room get such a light sentence and don't even say sorry to the mother of the boy for his stupid decision that caused this young boy's life.

dumbs · 1 year ago

Ladies and gentlemen... The worlds best drive right here. Apparently juju has never gone 10 over the speed limit. Hipacrit!

heyseussmcgod · 1 year ago

Didn't Andy Warhol pen Hipacrit?

Walter Winchell · 1 year ago

Unappologetic ? He deservese a stiffer sentence than that. He was responsible for that poor kid getting killed.

bd · 1 year ago

Anyone see the picture of this guy? it appears god has already punished this man.

Michy · 1 year ago

Obviously for the most part a large part of the community has this man convicted of a crime which they know nothing about except what they have heard and read.
No where did it ever mention that this man had lost his youngest daughter not more than 8 months prior to his having this terrible accident. And what that also had done to him and his family. He and his lawyer did not want this brought up as they did not want any sympathy brought to him as it was meant to be for the family of the little boy.
But how can you think so little of a man who has lived all his life in this city and raised his own family here. His children attended the same schools as this child and quite possibly had some of the same teachers.
He was a hard working father and husband until the day of the tragic accident when two sad families lives were changed forever.
I can't imagine that he in his heart after suffering the loss of a child would ever inflict this kind of pain intentionally on any other family.

lawtownlady · 1 year ago

I have lived in Lawrence all my life and heard that gianni recently lost his pregnant daughter and was on his way to the cemetary. That being said I also feel for the little boy's family. I can honestly say I have been aggravated at driver's like the woman who kept slowing down numerous times well before she stopped and have done exactly as gianni. Can everyone on this board say they haven't been aggravated by a slow driver who seems to slow down and step on the brake for no reason at all? Let's talk solutions. So many people in this city cross when it's not safe, especially the kids. It is a quality of life issue when you are a driver through Lawrence or live here and constantly have to worry about whether today is your day that you will hit someone. Quality of life issues are the first things former NYC mayor rudy guiliani took care of, and by fixing the small things the big things became easier to tackle. We need to start with the issue of those that walk against the light and not on the crosswalk, especially on roads that are considered 4-lane highways. It is a quality of life issue and drives me as nuts as watching people throw their garbage on the street. In Hawaii, if you cross against the light, even in a crosswalk and with no one coming, you can get a ticket. I know it sounds extreme in a city full of other crimes but eventually everyone will get in the habit of obeying traffic and pedestrian laws and another tragedy like this may be avoided. Maybe by tackling a few quality of life issues, the bigger issues will be solved more easily.

The Bo$$ · 1 year ago

agreed

Unknown · 1 year ago

You have a point but in court there's no excuses like "i just lost my daughter and was in a hurry" that should change the fact that he took a life.

NYC · 1 year ago

i agree with your comments i feel the same way, but 90days just doesn't sit right with me and losing someone should of made him a little more cautious.

Noname · 1 year ago

It is pretty unfortunate when we rely on the Tribune as the sole source that we share our opinions here.
There is so much more to this story that many reading the article written do not know. If we knew the real story perhaps our opinions would be different.
Let's give respect to both families, who have no doubt gone through enough and if you have issue with 'the laws' then take it up with your local elected officials and not a meaningless internet highway website where it means absolutely nothing.

Something not right · 1 year ago

pay mothly fees to the probation are you kidding me????? I bet if he was a spanish person that struck and killed a white little boy not only that they will find dirt on what ever he has done in the past even if its a traffic ticket but even their kids or family would of found something. But here we have a NON HISPANIC....IF YOU ASK ME THE SYSTEM IS ALL SCREWED UP..NO WONDER LAWRENCE IS A NIGHTMARE!

bd · 1 year ago

Yea i agree, if he was spanish and selling heroin and stabbing people he would have gotten a way worse sentance.

GOODNESS · 1 year ago

HOW WOULD THIS JUDGE FEEL IF HE HAD A CHILD OR A GRANDCHILD KILLED THIS WAY? WOULD HE EXPECT THE DRIVER TO GET OFF THIS EASY? THERE SHOULD BE MANDATORY SNTENCES LONGER THAN 18 MONTHS FOR DRIVING RECKLESSLY. PEOPLE ARE IN TOO MUCH OF A HURRY NOW A DAYS. THE COURT SHOULD CONFISCATE THE VEHICLE FOR GOOD.

jj · 1 year ago

so your telling that every person in here that is reaping this man over the coals would put themselves in his place and want the judge and jury to sentence them to life in prison for this accident . I dare one of you to tell me yes you would want to spend life in prison . there is no justise being that is was an accident . for one the mother of this child should have cared more then to let him hang in that area . I have three kids and they were never out of my sight I'm a responsable parent my kids got the care they needed . theres no way for this man to be doing more then the speed if hes coming from behind another vehechle that close . I have a sprots car and I can't even get to that speed from the light there only if I have my foot to the floor from the light can i and that is not where he move to the inside lane so you are all wrong of the speed in this case . try it yourself and see the truth

amalyn · 1 year ago

This is the state of mass,almost 3 years ago my sister was struck by car the driver was drunk my sister she never walk again because a drunk driver her life never will be the same thanks to a drunk driver and no justice on the state of mass,get drunk take a car start killing people and you will no get any punishment 3 months probation 5 years suspended license thats ok according with the state.

JJS · 1 year ago

First off, all attorneys would advise their clients not to communicate with the other party in this situation. Plenty of time for begging forgiveness later, after court.

But, the bottom-line is, though he may be a "nice guy" who also has suffered a recent tragedy, his and only his ROAD RAGE caused this needless tragedy. Any sensible driver today should be well aware that kids step off curbs without looking, especially coming out of school. Their young minds are off in space, but it's up to WE ADULTS to be on the ball and watch out for them, whether we like it or not.

Today we are all aware of what ROAD RAGE is and what it eventually leads to: injury, death, heartache, etc. If you elect to engage in road rage, be prepared to pay the consequences, which unfortunately are not adequate to properly punish the violator. He conciously elected to take the action he did, and now he must pay for it, nice guy or not.

dan051967 · 1 year ago

I agree with you 100%, JJS. Very well-put.

Unknown · 1 year ago

I cant believe what i just read. This is just crazy and sad.

amous · 1 year ago

he should have been made physicallu unable to drive for life.

NoAirMan · 1 year ago

Hi. ...

jimjo · 1 year ago

So here it is . 90 days. good when he gets out smack the friggin apology out of him. I'm sure he didn't mean to do what he did but dammit, you apologize for the loss of their baby. Are you kidding!!!!!! Count the days, wait for him to get out, stand there and smack him for every minute that he doesn't say he's sorry.
i'm sorry if it was my kid that guy would be begging to be put in jail for a long long time. Thats whats wrong with this country, police , firefighters teachers make lousy money, athletes never have to worry, and ding dongs get 90 days for road rage.
God bless the family of the victim.

heyseussmcgod · 1 year ago

Road rageVs.Apology rage,hmmmm

Also Beareaved · 1 year ago

He gets 18 months in jail and the child's parents get a lifetime of suffering from a broken heart. Every birthday and holiday the pain will increase for a very long time. Shame on them for allowing this person to get off so lightly. How would they feel if it was their child? They have no idea....my heart and prayers go out to that family.

Joke! · 1 year ago

90 Days, lose your license???...What a JOKE!!
What kind of example is this giving to the other reckless drivers out there??
It doesnt matter who I kill, as long as i can take the public bus after???

heyseussmcgod · 1 year ago

Or walk

usa · 1 year ago

I feel bad for anyone who loses a child, but why was he on rte 114 and where was his mother who should be paying attention to her kids or does she have to many to watch and he probably said he was sorry but it was in english and didnt understand him.
These kids these days just dont have any brains, they think its their world and they dont have to watch where they run out in front of a car or anything like that. The parents need to teach them to PAY ATTENTION to the surroundings when they play on a highway.

patricia · 1 year ago

you need to remember he was lead on to pass by the other car and even if your english is not good you know when someone say's sorry.

usa · 1 year ago

Like I said, where was his mother and WHY was he on a major route?????. Kids just dont pay attention.

Parent · 1 year ago

She was at work.

Lee8531 · 1 year ago

Usa, first off you don't know his mom or this young boys family. You're just ignorant!!!! Guess you can't read :/

aparent · 1 year ago

exactly KIDS are kids thats why we as adults need to look out for them.We as drivers should be aware of our surroundings.How stupid of you to blame a child

usa · 1 year ago

If she was at work the WHO THE HELL was watching him!!! explain that one!!.
Lee your ignorant and probalby let your kids play on 93. I dont need to know the family, any one who doesnt pay attention to their kids and one gets hit, its not their fault they dont know they were playing on a highway!!! Kids will be kids but when we were growing up in the 80s, were were taught to watch out for cars and trucks etc. Rte 114 is no place for kids to be!!!

ultimatum · 1 year ago

90 days for vehicular homicide. If he was drunk it would have been a felony and he'd be sitting in prison for a very long time.The laws need to be changed in this state and in every state for people who drive recklessly and murder someone else. For all you who think it's okay to swerve around someone who isn't going fast enough for you and pass them on the right (yes on 114, especially in North Andover you chuckleheads), it's both dangerous and illegal. This guy couldn't wait for the car in front of him to speed up so he went around the guy and hit the kid, plain and simple. Read the rules. Passing on the right is illegal.

patricia · 1 year ago

that's awful, Michael Vick gets a year in jail for dog fights and a young boy gets kill and the killer gets only 90days! I know this world is coming to an end soon.

Buford Pusser · 1 year ago

Bingo, my friend.

Bella · 1 year ago

Actually he should be sitting in a cell for a long time and think about what he did. Consequences suck but look at what this little precious boy's family has to deal with. I can't even imagine losing a child and then to top it off cause someone was impatient and couldn't wait their turn in traffic. No way, this is a slap on the wrist. This guy gets to be with his family and continue to enjoy his life. Something is terribly wrong with the system.

usa · 1 year ago

He lost a pregnant daughter so he knows how the family is feeling too!!!!! Once again, why was he on rte 114!!!!!!
If his mom payed attention to him, he would of not gotten hit. Im sorry for any family who loses a child, it is VERY sad.

Lee8531 · 1 year ago

Usa, they live a block from the incident. Lets not forget which people might have forgotten his brother was at the basketball courts with many many friends of both of theirs. ALSO, there was another boy who was with Dario. I know this for a fact. I know this family. I never met Dario God rest his soul, but I know his mom, and her oldest son. So stop pointing the finger at the mother.

NoAirMan · 1 year ago

My 22 year old daughter , Elizabeth, was working and had her "boyfriend" babysitting. He, Chris Good, heard my 14 month old granddaughter crying, picked her up and threw her against the wall, fracturing her scull and breaking her arm. My daughter went to court and recieved a twenty year sentence in the Oklahoma state penn., because she allowed him to baby-sit. He has yet to go to trial. it is set for October 6th. They are asking for life. Elizabeth wasn't even there, and she gets twenty years in prison. it's crazy. I did ninety days in the Lawrence house of correction, back in the days, for burglary of a bar on Haveral st. Didn't even get the beer! ... Bubba will take care of him ...

CitizenofLaw · 1 year ago

I live off rte114 and it's a dangerous road to drive on never mind trying to cross it. The accident though very tragic teaches all a lesson, NO JAY WALKING. I've lived in this city for a long time I've seen the disregard for traffic from others from this boys ethenic background.

Pesdestrians DO have the right away but proper judgement should be applied. I'm not going just walk on rte 114 eventhough pedestrians have the right way, you put your life in your own hands. There's a good chance you're going to get hit and seriously hit.

I've driven through too many times in the city or Lawrence where a certain ethenic group has a tendency to walk right in front of you as if the driver has to stop for them, this is not God's will, cars will not stop all the time and there is a good chance you're going to get hit. You can replace cars not human life!!

LESSON LEARNED - DO NOT WALK INTO ON COMMING TRAFFICM YOU WILL GET HURT AND MOST LIKELY IT MIGHT BE LIFE ENDING!!!!

smack · 1 year ago

Those damn Eskimos and their jaywalking...

CitizenofLaw · 1 year ago

You know what I' talking about!!!

Lee8531 · 1 year ago

Citizenoflawrence, I also live off rt 114 and grew up in the same home as I live now. Back when I was a teen, they had a light thingy to hit so traffic would slow down. I don't recall when they took that light down. But, it was across the street from Taco Bell. Which TB wasn't there when I grew up. I blame the CITY for not replacing that light (no it wasn't a traffic life but was a warning light, when people were crossing.
Now that they've moved most of the students over to the new school, they should have put something into place. And they failed to do so, until something tragic happened. I'd sue the city, if I was that Mother.

night · 1 year ago

Those little "light thingys" your talking about almost never work. You press the button at the crosswalk & wait & wait & wait but the walk symbol never comes on

CitizenofLaw · 1 year ago

Lee8531,
The City has installed lights by Chickering and Rte 114 also where the 3 roads come together (corner of the Korean Restaurant). Rte 114 is a highway, it's not Durso Road. If I was crossing Rte 114 you're dam right I'm going to be extra careful crossing.

You can have all the stop lights, cross walks etc.. if people don't use it what good is it? These people cross when and where they like, they take "pesdestrians have the right away" to a different level. They don't have a regard for oncoming traffic!!! It is pathetic how they have a lack of respect for traffic.

They should cross at the stop lights either at where the 3 roads meet or walk down further where Chickering meet Rte 114. Where is the kid's mother? Responsibility should lie with the parents as well!!! My mother always taught me the "right thing", Respect traffic, no matter who has the right away.

That's the problem with these people, I guarantee there will be a lawsuit, everyone is "SUE" happy. They hire an ambulance chasing attorney to represent them and there will be a settlement, again, that's pathetic! I sure wouldn't would like "blood money" on my hands, that's not how I live my life.

The city has changed and not for the better. When English becomes secondary while living in America, we have to question where this society is heading. Try moving to Puerto Rico and maintain speaking English and refuse to speak spanish see how far that gets you, not far!!

The City of Lawrence is heading to hell in a hand basket, learn from the City of Lowell. Lawrence can't hold Lowell's jock strap, and I live in Lawrence. Compare dwntn Lowell vs. Dwntn Lawrence? There's no comparasion.

leverett · 1 year ago

I complete agree with the post above. The sad truth is that the the parents really have to take a look at their kids and make sure they are not doing stupid things to put them in danger.

I also noticed that some parents are noticeably absent from their children's lives until something tragic happens. When I drove through Lawrence, I see kids playing basketball in the streets with complete disregards for cars, or walking the street late at night with little or no supervision. Where are the parents of these kids? Of course the moment something happens, these absentee parents come out of the shadow, bawling and crying about their poor, angelic child. The truth is that they should have been more involved with raising their children, teaching, and disciplining them. In fact, they bear the majority of the responsibility for raising their kids, not the state, not the society.

I feel bad for the driver. I have driven down 114 when the kids are crossing the streets with that taunting walk. I blame the mother. Where is her responsibility in all this? Doesn't she teach her children how to cross the street? Doesn't she meet them after school and walk with them across the dangerous intersection like a good parent? Why does she blame everyone else for her own inadequate parenting?

Lee8531 · 1 year ago

Leverett, this was afterschool and on a nice day. I'll never forget this day. I heard all the sirens and wondered what the hell was going on. So of course I got in the car and drove down the street to see what had happened. Later to find out that who it was. And how tragic it was.
As for the comments about where was the mother. This boys older brother was at the basketball courts. AND, not just that. He was walking across the street with a family member (a cousin) if I remember correctly. So your saying an 11yo can't cross the street because of people that speed thru 114, and blame the parents?
This was NOT an "intersection" he crossed right outside Taco Bell. Which now has a crosswalk. Only IF Lawrence would of left the blinking light there, this would probably of never happened.
I don't think that the driver that hit the boy was waved on. How could he wave on? When he swerved to avoid hitting the person in front of him. Guess his SUV was MORE important to him then a person (no matter the age) life.
Taunting walk? You've got to be kidding me!!!

angered · 1 year ago

my daughter just received her license under the new MA laws and she is already considered "a bad driver." While she was learning to drive, she was cut off and felt forced to speed or be run off the road. If she goes 5mph over the speed limit her consequences are much worse than a man who killed an innocent child. WHAT??!!!! MA driving laws are discriminatory and contradicting. Gianni, AT LEAST SAY YOU'RE SORRY!!!

Dawn · 1 year ago

Big Deal,Now you can kill someone and get away with it! Poo,Poo on the judge!

leverett · 1 year ago

Before all you people get on your high horse and call for the execution of Gianni, I ask that you go by Route 114 where the accident happen. I, myself, was driving down 114 about 30 mins before the accident happened. There were kids crossing the street without looking or waiting for cars to slow down. They have this attitude that the drivers have to swerve avoid them. This is on a major highway!!! Some of the kids were even walking extra slow across the street making the drivers screech to a halt and then wait for their slow meander across, as if to taunt the drivers.

I hope this tragic accident will help address some of these problems. Before we go jump to conclusions, you should really go there and check for yourself, especially those of you who have never been to Lawrence before.

Lee8531 · 1 year ago

I think your a speeder Leverett. People have the right of way, NOT the drivers. No matter what. And if you were there 30 mins before this happened, then you must know that's about the time the kids start walking across rt 114. Did you forget that LHS is now on the South side? And a good amount of children attend school there?
I've been there, during traffic and not, seeing I live two blocks from this incident. And can't believe a word that are you are typing. Another thing, I won't drive that direction when school lets out because I know how much traffic there is.

usa · 1 year ago

Lawrence is full of jerk who think they own the road and I have seen MANY run out in front of ma and others, and its thier fault if they get hit!!!!!!!!!!

i love u dario lov KAthy · 1 year ago

my baby cousin dario is not with us anymore. HE is not taking care of his mom when she gets sick like he used to. He is not kissing his baby sister on the cheeks like he used to. He is not playing with his friends like he used to. His toys, school work, bed & everything else are lonely. Because he is no longer here, & he will never be. Who do I kiss & hug after getting out of school? not him. Does anyone in the court system know what it feels like to loose a loved one. What the hell is wrong with you people? He was only eleven.... he did not HAVE to die. Yet his death ment nothing to you Whoe ver the judge was nor to the Gianny family. I forgive because i know it was unintentionally. but that does not change the fact he was irresponsible. But maybe if it would have not been a hispanic child, & the responsible one would hav been hispanic.. things would be different. & i hope i dont offend the wrong people with this opinion. Dario forgave him, i know he did. But even Dario knew when someone did something wrong, there were REAL consequences. R.I.P Dario... god will make justice for you baby. I love you.

leverett · 1 year ago

Kathy, no parents deserve to have their children die before them. At the same time in every tragedy there doesn't have to be someone at fault or someone to blame.

aparent · 1 year ago

maybe the school "safety "officers should be out there HELPING the kids instead of chasing them around the school telling them to tuck in shirts and checking the color of their shoes.Maybe they could try and prevent this from happening again.

Lee8531 · 1 year ago

Good point.

CitizenofLaw · 1 year ago

Lee,
I agree with leverett, they do "taunt" you by their walk. They slow down even more if they know if it bothers the driver. Lee, you live in Lawrence, I'm surprised that you've never seen this before. Don't even dare raise your hands in anger at them, they will give you the one finger salute! And if you are lucky they'll give you a double fisted salute. I'm not kidding!!

Samething happens on Andover st betwen Parker & Broadway. Have you ever seen the railroad track swerve maneuver? A normal person will drive straight over the railroad tracks, have you ever been behind on of our ethnic drivers? They swerve to the far right to cross the railroad tracks, instead of driving straight across. That's dangerous, a person driving straight across the tracks could accidently hit one of these track swervers!

Again, I feel very bad that an eleven year old lost his life in a tragic accident. It was an accident!! Traffic signals are not the answer, sure, why don't we put a traffic signal every 100 ft and slow up traffic. The answer is people have to follow the law of the land, cross at a traffic signal. The drive Gianni is wrong for passing on the right, he should have excercised caution while passing, blame is on both parties involved.

Lee8531 · 1 year ago

Since this incident happened they have a crosswalk. And no matter how students walk across is on them. I haven't seen it. And I've driven even down Chickering Rd right when school got out.
As far as the rr tracks, ya the low riders do that with any nook and cranny in the street. But it doesn't bother me. You stated they go in the middle. I've never seen that either. But then again, I seldom head that way.

Dont live in lawrence · 1 year ago

Lawrence sucks move to New Hampshire. Lawrence will never change. I drive through Haverhill by Kenoza ave and the kids do the same thing there. Walk right out in front of traffic when the sun is going down dressed in black. Its like they have a death wish going on. Or know they get a good laywer if they survive.

leverett · 1 year ago

Lawrence doesn't suck. Unfortunately a small group of people who live there do and they make the lives of everyone else there miserable.

lawtownlady · 1 year ago

How are some people getting their information? Here is a cut and paste from the original article.

**Dario was hit as he crossed busy Route 114 (Winthrop Avenue) at 4:48 p.m. Monday. He died yesterday at 6:48 a.m. at Massachusetts General Hospital where he had been on a respirator with severe head injuries.

Dario was crossing the street to Sullivan Park near Veterans Memorial Stadium with two other children after getting a drink at a fast food restaurant. He had been thirsty after playing basketball in the park.

The driver of the car, James Gianni of Lawrence, was heading east toward North Andover on the four-lane road when the vehicle in front of him slowed down to let the children cross, police said.

Gianni told police he did not have time to hit his brakes; swerved into the right lane to avoid the car and struck Dario.

Dario's mother, Viviana Resto, gave birth to a baby girl three weeks ago named Niriani Pena. Resto also has another son, Melvin Velasquez, 14.**end

It was not "after school" but almost 5 p.m.
The mother was at work? Are you kidding? Something is seriously wrong with our society if a mother has to go back to work 3 weeks after her child is born.
Swerving around a driver in the left lane to the right lane is not passing in the right lane.

The jury and judge could not hand down any sentence other than what it did based on massachusettes guidelines. gianni was not charged with vehicular homicide but on guilty of driving to endanger, based on the evidence. Even if he was found guilty of vehicular homicide he still would have received 90 days in jail...the following is from the mass judicial website..

**According to Massachusetts vehicular homicide laws, the penalties are as follows:

Vehicular Homicide while Operating Under the Influence: Mandatory minimum of 2 & 1/2 years in state prison, maximum up to 15 years; or mandatory minimum of 1 year in jail, maximum up to 2 1/2 years; substantial fines and license revoked for life.
Vehicular Homicide while Operating to Endanger only: Mandatory minimum of 30 days in jail, maximum up to 2 1/2 years; substantial fines, and license loss for 15 years. ***end

Notice the sentence for the latter. A jury and judge can only hand out the the sentences based on the sentencing laws in the books.

Here's my problem...stop complaining about the judge, jury, gianni, and the mother and start a call to action to change the law and sentencing guidelines. B**ching about it gets nothing done. Use your writing skills to write your representative to write up legislation to pass a law that changes the guidelines and call it "Dario's Law." Request it and then start demanding it.
Gianni got what he fairly deserved based on the evidence, the law, and the sentencing guidelines. If you don't like it write your rep.

Sharon · 1 year ago

I was in Lawrence District court yesterday, because I was expecting to sit through a trial for the death of my daughter. The guy who killed my 18 year old daughter, was not drinking. He lost his license for 2 years and 5 years probabtion... Scarey isn't it.
This happens all the time.

Commentard · 1 year ago

Wait, you need to be drunk now to face mv hommicide charges??
He'll, I'm gonna head out there and run over every man, woman, and child that looks at me funny!
That jury must have been beside themselves that they weren't allowed to do more than that!

JJS · 1 year ago

Lose his license for 3 years? Guaranteed he'll be driving illegally inside of 3 months --- no way he won't drive. And yes, apparently road rage is ok as long as you're not drunk or otherwise impaired --- this is exactly why people take the law into their own hands -- they're pushed into doing so by lenient sentencing like this joke.

APRIL · 1 year ago

If the driver's last name had been Rodriguez and the child's Gianni, this would have had a different outcome. Yes I said it.Lets not act like this doesnt happen in America.

Mike · 1 year ago

Honestly, April: that is an idiotic thing to say/write. Really. Get over yourself.

APRIL · 1 year ago

Oh lets pretend racism does not exist. And lets pretend that these things do not happen...unfortunately they do.

MR. FOOT from Methuen · 1 year ago

Hi April,
Dont let anyone tell you what you feel about the situation is wrong. If that is how you feel, then so be it. However, I honestly do not believe in this case racism has anything to do the sentencing. The judge believe the driver was not an evil man who intended to kill the kid but he would need to be punished. Are you saying that if the driver's last name was Hispanic that the judge would see him as evil regardless of the circumstances? I do not buy your argument. Please note, I am a minority but do not think the judge was racist in this situation.

Sgt · 1 year ago

Thank you for bringing RACISM into this story April. Before you came in, nobody had any concern for the RACE of the child or the operator.

Good work!

APRIL · 1 year ago

What! This guy didnt even apologize!!! I can just picture him and his family in court acting like they are the victims.HEARTLESS!

APRIL · 1 year ago

For all the people defending the driver...remember that he didnt even have the decency to apologize to the family. People apologize when they accidently bump into someone. If you accidently killed someone with your vehicle, that is the least you could do...

Mike · 1 year ago

Lie I already said, April: get over yourself.

MR. FOOT from Methuen · 1 year ago

April, the guy might be an jerk, but the judge did not see him as an evil person bent on killing a little boy. I am not defending this guy, but he was tried in a court of law and the court sentenced him to what they felt appropriate.

APRIL · 1 year ago

I dont believe that last names bring up "evil" in judges mind's. I do however, believe that last names bring prejudice thoughts and discrimatory sentences are given without much thought. Some of these judges would never admit this and probably don't even know they think this way because these thoughts are in their subconscious minds. These thoughts much like faded memories reflect in thier judging.

APRIL · 1 year ago

That is the problem! People always saying "get over it" NEVER!

MR. FOOT from Methuen · 1 year ago

I like your spunk. If you feel strong about this, you should go to law school, aim to become a judge and try to make a difference. Other than that, we are at the mercy of the judge's ruling whether good or bad.

dan051967 · 1 year ago

Gianni should have gotten more for killing Dario Rodriguez.

Gianni was in a fit of road rage when attempting to pass a slower moving vehicle. Maybe this slower moving vehicle slowing down to avoid hitting Dario Rodriguez? Gianni was probably so full of his road rage that he didn't even bother to pay attention to what's going on around him so he passes the slower moving vehicle and hits the accelerator thus striking Dario Rodriguez.

Then, in court Gianni can't even apologize or explain himself to the boy's family because he was advised not to by his counsel? I find that very hard to believe. If Gianni had that much guilt about what happened, he would have told his counsel "go pound sand" and he would have found a way to express his guilt and sorrow to Dario's mother and family.

Bottom line: Because of Gianni's complete lack of concern for others on the road and his inability to control himself or his GMC Jimmy, a young boy has been lost and his family has been devastated forever.

JL · 1 year ago

Dan051967,

Just to play devil's advocate for a moment: shouldn't the boy's family apologize as well for not doing a better job teaching their child how and where to cross a major roadway, along with not properly supervising and monitoring his whereabouts? No? Why not?

My point here is that everyone involved in this issue lost something: everyone. Mr. Gianni, an otherwise law-abiding citizen (I'm assuming this unless otherwise proven), made a decision in a moment of anger that accidently ended up taking a life. For that, he will serve time in jail and have this on his conscience the rest of his life. He and his family will probably lose everything as a result of the inevitable lawsuit. What else do you think should happen to a man like this (and by extension, his family) who made a terrible mistake? There but for the randomness of this existence we all share go you and I.

I think justice has been served.

dan051967 · 1 year ago

Point taken but in my opinion I think that the judge should have issued a harsher sentence than what Gianni got. He should have also apologized and explained his actions to the boy's mother and family at some point - maybe after the trial?

I can also understand your "devil's advocate" point however regardless of those facts of how and why the boy was there, Gianni was still the driver of the SUV and his responsibility is to maintain complete control over that vehicle at all times. So in my mind, "complete control" would mean not losing your temper because a car in front of you is slowing down.

JL · 1 year ago

I'm not sure why so many people are stuck on this "apologizing" idea.

Apologize for what? It's obvious Mr. Gianni did not get out of bed that day and say to himself "I think I'm going to take a life today." Frankly, it's ridiculous to expect an apology for something like this; it's an empty gesture more to make the offending party feel better, not the offended.

The sentence has been meted out, and now it's time for everyone to move on.

dan051967 · 1 year ago

JL, Gianni should be apologizing for driving like an idiot and causing Dario's death... what part of this are you not getting?? Sure, Gianni didn't plan on killing someone that day but he did and if he's got any kind of remorse, sorrow or guilt then he should be apologizing to Dario's family. Why? Because it may help them bring closure to a very painful time in their lives when they have just lost their 11-year-old boy. To say that this apology would be an "empty gesture" is wrong.

MjB · 1 year ago

90 days?!?!
The punishment doesn't fit the crime. This person appears to have intentionally violated the law and killed a person in the process. Once you are operating outside the law then any subsequent outcome of your actions were intended. Once this guy broke the law by speeding around another car, he intended to cause harm to someone and unfortunately an 11 year old child was killed.

Mike · 1 year ago

MjB:

If you would please prove to us your credentials regarding knowledge of the laws of the Commonwealth of Massachusetts, it would be much appreciated. Until then: please shut up.

You know nothing about the facts involved in the case, nothing about the people involved. Get a life.

MjB · 1 year ago

I did say "it appears" he was intentionally violating the law. I appreciate your passion, but please "shut up" and "get a life" are sophomoric comments and only show your ignorance.

Try an informed argument, and I'll respect your comments, and heck, I may even admit if I was wrong or misinformed.