Florida Man Guilty of DUI Manslaughter Sues Victim
By Kluger, Kaplan, Silverman, Katzen & Levine, P.L. January 19, 2012
Filed under Only in Florida. A Florida man who pleaded guilty to DUI manslaughter, now denies causing the crash and is suing the estate of the victim for “pain and suffering,” and “loss of capacity for the enjoyment of life.”
Read the full ABC News story here.
A man who had pleaded guilty to DUI manslaughter stemming from a crash near Tampa, Fla., on Christmas Day 2007 now denies causing the crash that killed three of the four people in the vehicle he hit.
David Belniak has sued the estate of Ray McWilliams, the now-deceased driver of the other vehicle, for more than $15,000, saying it was actually McWilliams who caused the crash by abruptly changing lanes, according to the Tampa Bay Times.
McWilliams initially survived the crash but later died. Belniak was sentenced to 12 years in prison, where he remains.
The money is to compensate Belniak for medical bills, “pain and suffering,” and “loss of capacity for the enjoyment of life,” according to the suit.
The Times reported that Belniak’s attorney, Debra A. Tuomey, who is also his sister, said the government’s prosecution amounted to a character assassination and Belniak accepted a plea deal only to avoid risking getting a life sentence in trial.
Tuomey said she wanted her suit, filed last month, to be considered alongside an existing suit brought by the victims’ relatives against Belniak, scheduled for trial in April.
In an interview with ABC News, Maureen M. Deskins, who is representing the estate of Ray McWilliams, could think of no tactical reason that might explain Belniak’s suit.
Read the rest of the story here.