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Killer gets off with 1-3 years



 
 
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  #1  
Old March 16th 05, 11:59 AM
Bill
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Posts: n/a
Default 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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  #2  
Old March 16th 05, 03:00 PM
Maggie
external usenet poster
 
Posts: n/a
Default


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

  #3  
Old March 16th 05, 03:49 PM
jj
external usenet poster
 
Posts: n/a
Default

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

  #4  
Old March 16th 05, 04:16 PM
Maggie
external usenet poster
 
Posts: n/a
Default


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

  #5  
Old March 16th 05, 04:37 PM
jj
external usenet poster
 
Posts: n/a
Default

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

  #6  
Old March 16th 05, 05:18 PM
Maggie
external usenet poster
 
Posts: n/a
Default


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

  #7  
Old March 16th 05, 05:33 PM
Colorado Bicycler
external usenet poster
 
Posts: n/a
Default

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.

  #8  
Old March 16th 05, 05:38 PM
jj
external usenet poster
 
Posts: n/a
Default

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


  #9  
Old March 16th 05, 05:41 PM
Neil Brooks
external usenet poster
 
Posts: n/a
Default

"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.
  #10  
Old March 16th 05, 05:50 PM
GaryG
external usenet poster
 
Posts: n/a
Default

"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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