McDonough, Assembly Minority Conference, Victim’s Family and Law Enforcement Community Demand Stiffer Penalties for Hit-and-Run Drivers

Assemblyman David G. McDonough (R,C,I-Merrick) and his fellow Assembly Minority conference colleagues were joined at a press conference in Albany by local and Syracuse-area law enforcement officials and the parents of a hit-and-run victim to call for stiffer penalties for leaving the scene of a fatal auto accident.

"There have been numerous cases from across the state in which drivers have hit pedestrians, bicyclists and other motorists, literally leaving them to die by the side of the road," said Assemblyman McDonough. "In many of these cases, especially if the drivers were intoxicated, they were able to escape punishment by evading initial police detection. This legislation would protect innocent victims of such irresponsible drivers and I fully support this legislation."

The Assembly Minority Conference is promoting the Hit, Run & Hide Protection Act (A.4374). The proposed legislation would increase the penalty for leaving the scene of a fatal auto accident from a Class E to a Class D felony, and carry a prison term of up to seven years, nearly doubling the current sentencing provisions.

Cited during the press conference was the case of 16-year-old Christopher Bascom, who was hit from behind while riding a bicycle near his home in Schodack, Rensselaer County. Investigators said the teen laid critically injured for at least a half an hour before being found. George Hadden, 43, who has four prior alcohol-related driving arrests, was charged with leaving the scene and tampering with evidence.

Rensselaer County District Attorney Patricia DeAngelis said, "Defendants who hit victims and flee the scene in order to avoid detection should not benefit from their cowardly conduct. This law will ensure that offenders will face harsher penalties for their actions and will be held accountable for their inaction for failing to aid injured victims."

Schodack Police Chief Bernhard Peter said, "I feel this is a very important change in the law which will provide us with a necessary tool in aiding our victims who are struck down on the highways. Furthermore, it will motivate drivers to stay and bring aid to their victims instead of fleeing, which will help save lives."

In a similar case in January of 2003, 17-year-old Gary J. Dixie of Camillus was killed by an unlicensed driver with a history of drunk driving. The driver, Lisa Falasco, fled the scene, hid her car and evaded police. She was sentenced to only 1-3 years in prison after being charged with leaving the scene, a Class E felony.

Julie Dixie, mother of the slain teen, said, "The woman who took Gary’s life was only charged with a Class E felony. This is not enough for me. I am supportive of this proposal for stricter penalties for these types of crimes."

Gary Dixie, father of the slain teen, said, "The law has to be changed, because the law that we have now means we are better off to run from the scene of an accident so we get a lighter sentence. There are more and more accidents like this every day, and stronger laws may prevent more lives from being lost."

Chief H. Lloyd Perkins III, of the Camillus Police Department and vice-president of the New York State Association of Chiefs of Police, said, "The good thing about this legislation is that it closes the loophole in the law. The way it is written now actually encourages people to leave the scene. It is very frustrating for us."

Since it was first introduced in 1999, the Assembly Majority has not allowed the Hit, Run & Hide Protection Act to come to the floor for a vote even though the bill has passed in the Senate. Between 1999 and 2002, 362 arrests have been made for leaving the scene of an accident in which there was a fatality. In 2003 over 8,000 arrests were made for leaving the scene of an accident.