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Killer gets off with 1-3 years
Speed killed, driver admits
Joshua Paniccia struck bicyclist while going over 80 mph; faces 1 to 3 years By DENNIS YUSKO, Staff writer First published: Wednesday, March 16, 2005 BALLSTON SPA -- An 18-year-old Niskayuna man admitted in court on Tuesday that he hit and killed a bicyclist while speeding at more than 80 mph after a friend in another vehicle last June. Joshua Paniccia pleaded guilty to criminally negligent homicide in Saratoga County Court, a felony, and will be sentenced to 1 to 3 years in prison on June 6 for causing the death of David Ryan, 32. A separate charge of second-degree manslaughter was dropped. That charge carried a jail term of up to 15 years. Prosecutors required Paniccia to detail his actions of June 29, when he lost control of his 2002 Nissan Sentra going east on Riverview Road in Rexford and smashed into Ryan, a General Electric physicist from England who was traveling west on an after-work bike ride. "I was driving my vehicle on a road a little too fast and hit and killed Mr. Ryan," Paniccia told the court. Asked by Saratoga County Assistant District Attorney Jim Davis if he was chasing another vehicle, Paniccia replied, "I was catching up to someone." When asked if he traveling in excess of 80 mph, he replied, "Yes." Riverview Road's speed limit is 45 mph. The State Police Crash Reconstruction Unit estimated Paniccia was traveling at least 83 mph at the time of impact, Davis said. "I think 83 mph is more than a little fast," District Attorney James A. Murphy III said afterward. He called the plea the first one in Saratoga County involving street racing and a fatal crash. "We held Mr. Paniccia accountable for his criminal conduct," Murphy said. The manslaughter charge was hard to prove because the case did not involve drugs or alcohol, and prosecutors could not establish that a speed contest took place, Murphy said. The conviction sends a message that drivers must obey the speed limit, he said. Paniccia could have received 1 to 4 years under the charge he pleaded to. Ryan's parents, Tom and Anne Ryan, who live in England and did not attend the proceeding, disapproved of the agreement in a prepared statement. "We feel that a four-year sentence would only be a token and any less would cause us considerable grief. Not only was David young, but he was achieving outstanding results for GE, so much so that a project on which he was working has been named after him by his colleagues. As a family, we miss him so much." "He elected to enter that plea and accept responsibility for the situation," Paniccia's attorney Charles Wilcox said. "It's not a happy day for either family." Paniccia left the courtroom without a comment, sheltered by his father from television cameras. Judge Jerry J. Scarano said he would consider youthful offender status in the case. If granted, his criminal record would be sealed after he serves his time, Murphy said. The teen also must pay $320 in court fees. Just 10 days prior to the fatal accident, Niskayuna police ticketed Paniccia for road racing, speeding and misuse of dealer license plates, prosecutors said. Police in Colonie and Schenectady had also ticketed Paniccia for speeding. He was acquitted on the road racing charge, and two of his speeding tickets were pleaded down to traffic and moving violations, according to court papers. State cycling groups and Ryan's friends turned the case into campaigns for safer roads and eliminating the pleading down of speeding tickets to non-moving violations. Walter Ciccha, one of Ryan's best friends and colleagues, said Tuesday that he would continue lobbying the state Legislature for changes. "Parents have to take more responsibility for what their kids are doing," Ciccha said. "This was preventable and I want to make sure it bloody doesn't happen again." http://www.timesunion.com/aspstories...StoryID=342295 |
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Bill wrote: Speed killed, driver admits Joshua Paniccia struck bicyclist while going over 80 mph; faces 1 to 3 years By DENNIS YUSKO, Staff writer First published: Wednesday, March 16, 2005 BALLSTON SPA -- An 18-year-old Niskayuna man admitted in court on Tuesday that he hit and killed a bicyclist while speeding at more than 80 mph after a friend in another vehicle last June. Joshua Paniccia pleaded guilty to criminally negligent homicide in Saratoga County Court, a felony, and will be sentenced to 1 to 3 years in prison on June 6 for causing the death of David Ryan, 32. A separate charge of second-degree manslaughter was dropped. That charge carried a jail term of up to 15 years. Prosecutors required Paniccia to detail his actions of June 29, when he lost control of his 2002 Nissan Sentra going east on Riverview Road in Rexford and smashed into Ryan, a General Electric physicist from England who was traveling west on an after-work bike ride. "I was driving my vehicle on a road a little too fast and hit and killed Mr. Ryan," Paniccia told the court. Asked by Saratoga County Assistant District Attorney Jim Davis if he was chasing another vehicle, Paniccia replied, "I was catching up to someone." When asked if he traveling in excess of 80 mph, he replied, "Yes." Riverview Road's speed limit is 45 mph. The State Police Crash Reconstruction Unit estimated Paniccia was traveling at least 83 mph at the time of impact, Davis said. "I think 83 mph is more than a little fast," District Attorney James A. Murphy III said afterward. He called the plea the first one in Saratoga County involving street racing and a fatal crash. "We held Mr. Paniccia accountable for his criminal conduct," Murphy said. The manslaughter charge was hard to prove because the case did not involve drugs or alcohol, and prosecutors could not establish that a speed contest took place, Murphy said. The conviction sends a message that drivers must obey the speed limit, he said. Paniccia could have received 1 to 4 years under the charge he pleaded to. Ryan's parents, Tom and Anne Ryan, who live in England and did not attend the proceeding, disapproved of the agreement in a prepared statement. "We feel that a four-year sentence would only be a token and any less would cause us considerable grief. Not only was David young, but he was achieving outstanding results for GE, so much so that a project on which he was working has been named after him by his colleagues. As a family, we miss him so much." "He elected to enter that plea and accept responsibility for the situation," Paniccia's attorney Charles Wilcox said. "It's not a happy day for either family." Paniccia left the courtroom without a comment, sheltered by his father from television cameras. Judge Jerry J. Scarano said he would consider youthful offender status in the case. If granted, his criminal record would be sealed after he serves his time, Murphy said. The teen also must pay $320 in court fees. Just 10 days prior to the fatal accident, Niskayuna police ticketed Paniccia for road racing, speeding and misuse of dealer license plates, prosecutors said. Police in Colonie and Schenectady had also ticketed Paniccia for speeding. He was acquitted on the road racing charge, and two of his speeding tickets were pleaded down to traffic and moving violations, according to court papers. State cycling groups and Ryan's friends turned the case into campaigns for safer roads and eliminating the pleading down of speeding tickets to non-moving violations. Walter Ciccha, one of Ryan's best friends and colleagues, said Tuesday that he would continue lobbying the state Legislature for changes. "Parents have to take more responsibility for what their kids are doing," Ciccha said. "This was preventable and I want to make sure it bloody doesn't happen again." http://www.timesunion.com/aspstories...StoryID=342295 What are we supposed to say about this article? In your opinion what type of sentence should the 18 year old receive? We just had an incident in our town where a young man ran down another young man while recklessly speeding. One boy is dead and one boy's life is ruined forever. They were friends. They were fooling around, it turned tragic. Both the parents of the victim and the parents of the boy charged with the crime are grieving. My son knew both of them. In my opinion both lost their "children" forever. One buried, one now in jail. If he serves one year or 100 years, he has to remember the night he killed his friend. Both so young. They were friends, they were acting like fools, in one moment so many people suffered. This was not malicious intent. It was stupidity that leaves a legacy of pain for all involved. What should happen to the 18 year old that would make anything right again for anyone? What should be his punishment? Maggie |
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On 16 Mar 2005 07:00:18 -0800, "Maggie" wrote:
http://www.timesunion.com/aspstories...StoryID=342295 What are we supposed to say about this article? In your opinion what type of sentence should the 18 year old receive? We just had an incident in our town where a young man ran down another young man while recklessly speeding. One boy is dead and one boy's life is ruined forever. They were friends. They were fooling around, it turned tragic. Both the parents of the victim and the parents of the boy charged with the crime are grieving. My son knew both of them. In my opinion both lost their "children" forever. One buried, one now in jail. If he serves one year or 100 years, he has to remember the night he killed his friend. Both so young. They were friends, they were acting like fools, in one moment so many people suffered. This was not malicious intent. It was stupidity that leaves a legacy of pain for all involved. What should happen to the 18 year old that would make anything right again for anyone? What should be his punishment? Maggie Same punishment as for involuntary manslaughter. Why is there a separate category called 'vehicular manslaughter' - it's as though the car is taking some of the blame. What gets me is this sentence: "We held Mr. Paniccia accountable for his criminal conduct," Murphy said.snip The conviction sends a message that drivers must obey the speed limit, he said. Obey the speed limit? Huh? Obey the -speed limit-?? What about sending a message it's not ok to kill someone? The time for mercy for these criminals is over. We need to start making examples of them. jj |
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jj wrote: On 16 Mar 2005 07:00:18 -0800, "Maggie" wrote: http://www.timesunion.com/aspstories...StoryID=342295 What are we supposed to say about this article? In your opinion what type of sentence should the 18 year old receive? We just had an incident in our town where a young man ran down another young man while recklessly speeding. One boy is dead and one boy's life is ruined forever. They were friends. They were fooling around, it turned tragic. Both the parents of the victim and the parents of the boy charged with the crime are grieving. My son knew both of them. In my opinion both lost their "children" forever. One buried, one now in jail. If he serves one year or 100 years, he has to remember the night he killed his friend. Both so young. They were friends, they were acting like fools, in one moment so many people suffered. This was not malicious intent. It was stupidity that leaves a legacy of pain for all involved. What should happen to the 18 year old that would make anything right again for anyone? What should be his punishment? Maggie Same punishment as for involuntary manslaughter. Why is there a separate category called 'vehicular manslaughter' - it's as though the car is taking some of the blame. What gets me is this sentence: "We held Mr. Paniccia accountable for his criminal conduct," Murphy said.snip The conviction sends a message that drivers must obey the speed limit, he said. Obey the speed limit? Huh? Obey the -speed limit-?? What about sending a message it's not ok to kill someone? The time for mercy for these criminals is over. We need to start making examples of them. jj So you think the kid should get the death penalty? Did you ever hear of the saying..."there but for the grace of God go I" or "Don't spit in the wind my friend". Are you a parent? Did you ever know a person whose child was killed by a teenage driver? Did you ever know a teenager who killed someone with his car because he was 18 and acting like an ass. Did you ever know parents who instead of seeking revenge, they honored their lost child by helping educate, motivate, and finance programs regarding safety. Did you ever see a parent who lost a child try to repair the life of the "criminal". There is a difference between these crimes and hidious crimes such as pre meditated murder, rape, child molestation, armed robbery, cold blooded killing with no remorse, kidnapping and torturing a victim, walking into a convenience store and shooting 10 innocent people. Anyone who intentionally and with thought sets out to harm any human being should be punished. A person who kidnaps a child and rapes and tortures him or her should die a slow death in my opinion. A slow agonizing death. Crime is not black and white. I don't think most 18 year olds who speed, think its "OK TO KILL SOMEONE". Do you really think the boy in my town or the boy in the news story actually think, or thought...it was OK TO KILL SOMEONE? I can't argue this, because I know some young people who have screwed up badly and then turned their life around. I know people who screwed up their life so badly when they were young but because of the help they received, they are making a difference in the lives of young offenders. The company I work for builds the offices in Newark for past offenders changing the lives of these young kids. If you want to hang everyone, that is your perogotive. In the end, do you really think that will solve the problem. Do you really think that will put an end to these tragedies. Really, is that what you believe? Make an example and it all ends???? Is it that simple?? Maggie |
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On 16 Mar 2005 08:16:49 -0800, "Maggie" wrote:
jj wrote: On 16 Mar 2005 07:00:18 -0800, "Maggie" wrote: http://www.timesunion.com/aspstories...StoryID=342295 What are we supposed to say about this article? In your opinion what type of sentence should the 18 year old receive? We just had an incident in our town where a young man ran down another young man while recklessly speeding. One boy is dead and one boy's life is ruined forever. They were friends. They were fooling around, it turned tragic. Both the parents of the victim and the parents of the boy charged with the crime are grieving. My son knew both of them. In my opinion both lost their "children" forever. One buried, one now in jail. If he serves one year or 100 years, he has to remember the night he killed his friend. Both so young. They were friends, they were acting like fools, in one moment so many people suffered. This was not malicious intent. It was stupidity that leaves a legacy of pain for all involved. What should happen to the 18 year old that would make anything right again for anyone? What should be his punishment? Maggie Same punishment as for involuntary manslaughter. Why is there a separate category called 'vehicular manslaughter' - it's as though the car is taking some of the blame. What gets me is this sentence: "We held Mr. Paniccia accountable for his criminal conduct," Murphy said.snip The conviction sends a message that drivers must obey the speed limit, he said. Obey the speed limit? Huh? Obey the -speed limit-?? What about sending a message it's not ok to kill someone? The time for mercy for these criminals is over. We need to start making examples of them. jj So you think the kid should get the death penalty? Did you ever hear of the saying..."there but for the grace of God go I" or "Don't spit in the wind my friend". Are you a parent? Did you ever know a person whose child was killed by a teenage driver? Did you ever know a teenager who killed someone with his car because he was 18 and acting like an ass. Did you ever know parents who instead of seeking revenge, they honored their lost child by helping educate, motivate, and finance programs regarding safety. Did you ever see a parent who lost a child try to repair the life of the "criminal". There is a difference between these crimes and hidious crimes such as pre meditated murder, rape, child molestation, armed robbery, cold blooded killing with no remorse, kidnapping and torturing a victim, walking into a convenience store and shooting 10 innocent people. Anyone who intentionally and with thought sets out to harm any human being should be punished. A person who kidnaps a child and rapes and tortures him or her should die a slow death in my opinion. A slow agonizing death. Crime is not black and white. I don't think most 18 year olds who speed, think its "OK TO KILL SOMEONE". Do you really think the boy in my town or the boy in the news story actually think, or thought...it was OK TO KILL SOMEONE? I can't argue this, because I know some young people who have screwed up badly and then turned their life around. I know people who screwed up their life so badly when they were young but because of the help they received, they are making a difference in the lives of young offenders. The company I work for builds the offices in Newark for past offenders changing the lives of these young kids. If you want to hang everyone, that is your perogotive. In the end, do you really think that will solve the problem. Do you really think that will put an end to these tragedies. Really, is that what you believe? Make an example and it all ends???? Is it that simple?? Maggie Since when is involuntary manslaughter the death penalty? Let's see your reaction if the murdered person is your child and the killer gets 1-3 years and a 300 dollar fine. jj |
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jj wrote: On 16 Mar 2005 08:16:49 -0800, "Maggie" wrote: jj wrote: On 16 Mar 2005 07:00:18 -0800, "Maggie" wrote: http://www.timesunion.com/aspstories...StoryID=342295 What are we supposed to say about this article? In your opinion what type of sentence should the 18 year old receive? We just had an incident in our town where a young man ran down another young man while recklessly speeding. One boy is dead and one boy's life is ruined forever. They were friends. They were fooling around, it turned tragic. Both the parents of the victim and the parents of the boy charged with the crime are grieving. My son knew both of them. In my opinion both lost their "children" forever. One buried, one now in jail. If he serves one year or 100 years, he has to remember the night he killed his friend. Both so young. They were friends, they were acting like fools, in one moment so many people suffered. This was not malicious intent. It was stupidity that leaves a legacy of pain for all involved. What should happen to the 18 year old that would make anything right again for anyone? What should be his punishment? Maggie Same punishment as for involuntary manslaughter. Why is there a separate category called 'vehicular manslaughter' - it's as though the car is taking some of the blame. What gets me is this sentence: "We held Mr. Paniccia accountable for his criminal conduct," Murphy said.snip The conviction sends a message that drivers must obey the speed limit, he said. Obey the speed limit? Huh? Obey the -speed limit-?? What about sending a message it's not ok to kill someone? The time for mercy for these criminals is over. We need to start making examples of them. jj So you think the kid should get the death penalty? Did you ever hear of the saying..."there but for the grace of God go I" or "Don't spit in the wind my friend". Are you a parent? Did you ever know a person whose child was killed by a teenage driver? Did you ever know a teenager who killed someone with his car because he was 18 and acting like an ass. Did you ever know parents who instead of seeking revenge, they honored their lost child by helping educate, motivate, and finance programs regarding safety. Did you ever see a parent who lost a child try to repair the life of the "criminal". There is a difference between these crimes and hidious crimes such as pre meditated murder, rape, child molestation, armed robbery, cold blooded killing with no remorse, kidnapping and torturing a victim, walking into a convenience store and shooting 10 innocent people. Anyone who intentionally and with thought sets out to harm any human being should be punished. A person who kidnaps a child and rapes and tortures him or her should die a slow death in my opinion. A slow agonizing death. Crime is not black and white. I don't think most 18 year olds who speed, think its "OK TO KILL SOMEONE". Do you really think the boy in my town or the boy in the news story actually think, or thought...it was OK TO KILL SOMEONE? I can't argue this, because I know some young people who have screwed up badly and then turned their life around. I know people who screwed up their life so badly when they were young but because of the help they received, they are making a difference in the lives of young offenders. The company I work for builds the offices in Newark for past offenders changing the lives of these young kids. If you want to hang everyone, that is your perogotive. In the end, do you really think that will solve the problem. Do you really think that will put an end to these tragedies. Really, is that what you believe? Make an example and it all ends???? Is it that simple?? Maggie Since when is involuntary manslaughter the death penalty? Let's see your reaction if the murdered person is your child and the killer gets 1-3 years and a 300 dollar fine. jj I never expected you to understand the point of my argument. I don't know how I would react if it was NOT a crime with "intent" to kill and it was a young person. I don't know if I would get satisfaction destroying his life as well. IF HE HAD NO INTENT!!! I DO know how I would react if it was premeditated and with malice of forethought. I would get revenge in any way I could. Even if I went to jail for the rest of my life by doing it. Let's agree to disagree. I will respect your view. Maggie |
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One of the purposes af appropriate sentencing is to set an example of
what might happen to others if they also kill someone. This guy had an amazing record of speeding tickets and other assorted violations, and it appears he has his hand slapped for these offenses. So it is not as if he this was his first time with this behavior, nor that he had not been warned before. What other drivers who might also be prone to participate in such behavior see right now is that killing someone by speeding and reckless driving is a very minor offense. They will not, IMHO, be deterred from similar behavior by this sentence. And, no, I am not suggesting the death penalty - that wuld be ridiculous, and is likely outlawed in this stae in any case. I think about 15 years in prison would be an appropriate sentence, and would have a marked deterring effect on others. |
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On 16 Mar 2005 09:18:43 -0800, "Maggie" wrote:
I never expected you to understand the point of my argument. How insulting of you. I don't know how I would react if it was NOT a crime with "intent" to kill and it was a young person. I don't know if I would get satisfaction destroying his life as well. IF HE HAD NO INTENT!!! How is going to jail for 12 years (invol. manslaughter) going to destroy his life more than going to jail for 1-3 years? He still has a record. I submit he did have intent to disregard the safety of those around him by driving not 10, not 20, not 30 mph over the speed limit but by driving 40 miles an hour over the speed limit. I suggest that if he were not drunk then he certainly DID have a feeling that he could hurt or kill someone. Let's do a test. You go out and drive 40 miles an hour over the speed limit and see if you don't have such thoughts. You must have had a personal incident that you thought was a youthful indiscretion and the authorities did not agree for you to have such a strong opinion. I DO know how I would react if it was premeditated and with malice of forethought. I would get revenge in any way I could. Even if I went to jail for the rest of my life by doing it. Oh, so it's about revenge then. You're just demonstrating that you have no regard for the law, suggesting that criminals get off because there was no intent and suggesting one take the law into their own hands. jj Let's agree to disagree. I will respect your view. Maggie |
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"Maggie" wrote:
I never expected you to understand the point of my argument. I don't know how I would react if it was NOT a crime with "intent" to kill and it was a young person. I don't know if I would get satisfaction destroying his life as well. IF HE HAD NO INTENT!!! I DO know how I would react if it was premeditated and with malice of forethought. I would get revenge in any way I could. Even if I went to jail for the rest of my life by doing it. Intent is nice, Maggie, but there's something shy of intent that has to be considered: foreseeable consequences. A reasonable person could have foreseen this consequence as a risk of this young person's behavior. Many states have places for boy-racers to race *legally* -- stadium parking lots, closed stretches of road . . . whatever -- where it is sanctioned by the police and closed to the general public. When you foist your stupidity on the general public by racing on public streets, you bear the responsibility of your actions *regardless* of what you "intended" to do. What your argument *seems* to miss is the general concept so readily missed in society today: your right to swing your fist ends where my face begins. This driver, it seems, gave a damn only about what *he* wanted; not about the impact of those desires on others around him. The result of that: a cyclist died. Responsibility for one's actions extends *far* beyond intent. |
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"Maggie" wrote in message
ups.com... Bill wrote: [snipped] http://www.timesunion.com/aspstories...StoryID=342295 What are we supposed to say about this article? In your opinion what type of sentence should the 18 year old receive? We just had an incident in our town where a young man ran down another young man while recklessly speeding. One boy is dead and one boy's life is ruined forever. They were friends. They were fooling around, it turned tragic. Both the parents of the victim and the parents of the boy charged with the crime are grieving. My son knew both of them. In my opinion both lost their "children" forever. One buried, one now in jail. If he serves one year or 100 years, he has to remember the night he killed his friend. Both so young. They were friends, they were acting like fools, in one moment so many people suffered. This was not malicious intent. It was stupidity that leaves a legacy of pain for all involved. What should happen to the 18 year old that would make anything right again for anyone? What should be his punishment? Maggie If the kid in that story had no history, and it was truly an "accident", then perhaps he should get some mercy. But this punk has a history of speeding, and racing on the streets, and now someone has died because he f*cked up while chasing someone in his car at twice the legal speed limit. IMO, he should get a 7-10 year "time out". Perhaps he'll not be such a dumbass at 28 as he is at 18. GG |
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