Becuase Dust-off isnt included in the DUI law it doesen’t count
ARTICLE
October 9, 2006 — A Brooklyn man who allegedly sniffed a can of computer keyboard cleaner before driving into oncoming traffic and killing a 17-year-old girl could get a break, because of a loophole in state laws.
The particular chemical compounds in Dust-Off, which prosecutors say Vincent Litto “huffed” before the fatal Jan. 13, 2004, accident in Gerritsen Beach, aren’t named in the state’s law against driving while under the influence of drugs.
And an appeals court last week affirmed that prosecutors can’t try to shoehorn Dust-Off into the standard DWI charge, which applies only to alcohol.
Litto, who was driving a 1990 Oldsmobile on Gerritsen Avenue, crashed head-on into Kristina Roggio’s Ford after his car went over the double yellow lines.
“Of course, we would like to see the law changed,” said Roggio’s stepmother, Yana.
“Who cares what you get high on? Of course, we would like to see some justice. I guess being fair and being legal are two different things. He basically got away with murder.”
Two years ago, creative prosecutors used the ordinary DWI law when they gathered evidence that Litto had sniffed from the can just moments before veering into oncoming traffic.
But the trial judge in the case, Justice John Walsh, threw out that charge and the related charge of vehicular manslaughter.
Last week, a four-judge panel of the state’s appellate division agreed, noting in a 3-1 decision that DWI and vehicular manslaughter can’t be applied in this case.
The ruling leaves intact most of the charges, including the top count of second-degree manslaughter, which carries a possible 15-year sentence.
But that charge is harder to prove and is not specifically tailored to automotive crime.
Prosecutors said that they intended to appeal that decision to the state’s highest court, the Court of Appeals.
“Even if the allegations are true, which we obviously contest, it doesn’t support the charge,” said defense lawyer Anthony Bramante.
State Assemblyman Joseph Lentol (D-Brooklyn), who heads the Codes Committee, said he would examine the possibility of adding substances such as those in Dust-Off to the law.
Kristian diserve the right to have justice. But as you can see justice is not going to happen for nor for me. This kid should pay the highest price for taking her life and almost taking mine that night. People put yourself in my place. He took the love of my life and left me totallly heart broken and with severe neck,back, both knees,arm, and heart damage. That’s what my life has ended up to be. Totally destroyed and he might get to walk. Think about it, what if this was your mother, sister, niece, granddaughter, wife, or girlfriend(or one of your family members). How would you feel that the court system failed you. Put yourself in my shoes and THINK about it!!!!!!!!!!!!!
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Kristian is my sister, bestfriend, and so much more no one or nothing in this world can replace her but knowing that justice has been served for this crime can help us heal, it was no ACCIDENT its obvious that he high on something to end up 2 lanes over on the “wrong side of the street” at the speed he was going. All we can ask for is justice…
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Kristian’s death was NO accident. This kid purposely crossed the double yellow line and ploughed his car into the car that Kristian was a passenger in. He almost killed my grandson James. Vincent Litto is guilty of killing Kristian on purpose, therefore, he must receive at least 25 years in jail. He will still have his life, while we won’t have Kristian with us. She will never marry my grandson. Never have a child which she wanted so much. Why should Vincent Litto walk free????
What would you want if a person killed a love one of yours?
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