The Eagle-Tribune - Latest Comments in Driver who killed 11-year-old gets 90 days in jail, loses license

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

Sharon — Tue, 16 Sep 2008 15:28:54 -0000

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.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

Lee8531 — Mon, 15 Sep 2008 22:51:01 -0000

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.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

lawtownlady — Mon, 15 Sep 2008 21:56:36 -0000

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.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

leverett — Mon, 15 Sep 2008 20:36:34 -0000

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

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

leverett — Mon, 15 Sep 2008 20:35:20 -0000

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.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

usa — Mon, 15 Sep 2008 17:49:04 -0000

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!!!!!!!!!!

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

usa — Mon, 15 Sep 2008 17:44:59 -0000

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!!!

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

night — Mon, 15 Sep 2008 16:58:45 -0000

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

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

Lee8531 — Mon, 15 Sep 2008 15:32:27 -0000

Good point.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

Dont live in lawrence — Mon, 15 Sep 2008 14:30:33 -0000

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.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

aparent — Mon, 15 Sep 2008 12:19:05 -0000

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

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

aparent — Mon, 15 Sep 2008 12:03:57 -0000

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.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

i love u dario lov KAthy — Mon, 15 Sep 2008 10:50:07 -0000

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.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

Lee8531 — Mon, 15 Sep 2008 09:20:01 -0000

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.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

Lee8531 — Mon, 15 Sep 2008 09:14:15 -0000

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!!!

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

leverett — Sun, 14 Sep 2008 22:20:04 -0000

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?

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

leverett — Sun, 14 Sep 2008 22:12:43 -0000

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.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

Lee8531 — Sun, 14 Sep 2008 14:10:44 -0000

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

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

Dawn — Sun, 14 Sep 2008 09:07:30 -0000

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

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

Lee8531 — Sat, 13 Sep 2008 22:58:35 -0000

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.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

Lee8531 — Sat, 13 Sep 2008 22:51:48 -0000

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.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

Lee8531 — Sat, 13 Sep 2008 22:08:01 -0000

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.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

angered — Sat, 13 Sep 2008 19:11:24 -0000

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!!!

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

Parent — Sat, 13 Sep 2008 19:01:11 -0000

She was at work.

Re: Driver who killed 11-year-old gets 90 days in jail, loses license

usa — Sat, 13 Sep 2008 15:49:41 -0000

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.