Caroline Goss, the Mattituck woman accused of killing a Hampton Bays boy while driving drunk last summer, now faces six months in jail after pleading guilty in April to vehicular manslaughter—and the victim’s mother said she is outraged and disappointed by the sentence.
The jail term that awaits Ms. Goss after her sentencing on Thursday, June 17, is the result of a plea bargain struck with prosecutors. Prosecutors said that they might not have been able to secure a felony conviction if the case went to trial, because evidence shows that the victim, 15-year-old Joseph Marino, swerved into Ponquogue Avenue on his bicycle immediately before he was struck by Ms. Goss’s vehicle.
“Given the witness statements and the accident reconstruction in this case, a conviction after a trial would have been problematic,” Robert Clifford, a spokesman for Suffolk County District Attorney Thomas Spota, wrote in an e-mail last week. “The plea and sentence of six months and five years’ probation assured the defendant was convicted of a felony, served some time in jail, and will be subject to multiple drug and alcohol conditions of a lengthy probation.”
Police said Ms. Goss, who was 34 at the time of the accident, was drunk when she struck Joseph while he was riding his bicycle on Ponquogue Avenue on the evening of August 12, 2009. Joseph was transported by helicopter to Stony Brook University Medical Center, where he died the next day.
Ms. Goss’s 6-year-old son was in the front seat of her car at the time of the accident, authorities said.
In Suffolk County Court in Riverhead on April 20, Ms. Goss pleaded guilty to second-degree vehicular manslaughter, a felony, as well as DWI and endangering the welfare of a child, both misdemeanors, and driving with an open container of alcohol, a violation, according to Mr. Clifford.
Ms. Goss’s attorney, Anthony Palumbo of Mattituck, declined to comment this week.
As a result of the plea bargain, Ms. Goss faces six months in jail and five years’ probation, Mr. Clifford explained. She is scheduled to be sentenced later this month before Judge Gary Weber. If Ms. Goss violates the terms of her probation, she faces up to seven years in prison, according to Mr. Clifford.
Joseph’s mother, Dorothy Marino, said this week that the sentence falls short of what she had hoped for.
“It’s just that I’m outraged at the entire legal system and how it seems as though the criminals have more rights than the victims, and that the victims just don’t seem to get the justice that they deserve,” Ms. Marino said.
“My son did not deserve what happened to him,” she added later. “He did not go out there expecting anything to happen to him. He went out there to enjoy the bicycle that he just got the week before.”
Ms. Marino and her husband, Phil, will file a civil suit against Ms. Goss within the next two weeks, seeking compensatory and punitive damages for the wrongful death of their son, according to Edmond Chakmakian, the attorney representing the family in the suit and a longtime friend of the Marinos.
“The proposed sentence is of little consolation to them,” Mr. Chakmakian said. “They feel that she should have paid a higher price—more jail time. And they’re sorely disappointed in the way the criminal justice system worked in this particular case.”
Mr. Clifford said that if the case went to trial, prosecutors may have had a difficult time winning a felony vehicular manslaughter conviction because Suffolk County investigators determined that Joseph may have darted in front of Ms. Goss’s 2001 Jeep Cherokee before he was hit. “The evidence shows the victim swerved into the lane of traffic on Ponquogue Avenue and was immediately struck by the defendant’s vehicle,” Mr. Clifford wrote.
At about 8:40 p.m. on August 12, 2009, Joseph was riding his bicycle from Argonne Road East to Ponquogue Avenue alongside a 16-year-old friend who was on foot, Mr. Clifford wrote. At some point, the two boys encountered a girl they knew. Joseph was struck just as the 16-year-old boy was waving to the 15-year-old girl, neither of whom was identified, according to witness statements provided by prosecutors.
“I think Joey may [have] swayed into the road, and he got hit,” the 16-year-old boy said in a statement to police.
The 15-year-old girl told police that she was walking along the shoulder of Ponquogue Avenue, against traffic. As she neared Argonne Road East, the two boys passed her and waved, she told police. When the 16-year-old witness moved so she could get by, Joseph rode “into the roadway a little,” according to her statement to police.
“That’s when Joey got hit by a black SUV type of truck,” the 15-year-old witness told police.
When asked if her son may have swerved into the road, Ms. Marino said: “Unfortunately, there are only two people who are going to confirm that, and one of them isn’t talking and the other one can’t talk,” referring to Ms. Goss and the victim.
But six months for manslaughter? Why did the judge agree to that deal?
http://judicial.smith-county.com/CrimSearch/crimfrmd.asp
She has a history of six speeding violations, passing in a no passing zone, and a FELONY POSSESSION OF A CONTROLLED SUBSTANCE charge (not to mention her prior DWI arrest in 2003) Do you still tend to think that this "bit of mercy" is a "rather advanced trait in a society," or a mistake?
Sag Native - elections will not matter - Spota is cross endorsed. He is bought & paid for by the Political bosses & the PBA. The same people he takes his orders from.
6 months!
But six months? What kind of example does that set?
Come on already. It makes me MADD also.
First there is Southampton Town surervisor arrested for DWI and we never hear anything more.Than the Mayor of Quogue who gets 8 years for steeling 2.4 million but get time to get things in order before he goes a way and lets not forget his wife is a justice.
Now a woman kills a 15 year old boy and gets 6 months
Time for things to change
Your votes mean nothing, it's time to wake up and realize that since the beginning of our government, we the people were never meant to have a real say.
What about her kid, growing up having seen his mother kill someone? Who has custody? I hope they are not telling him it is not her fault because it WAS and he/she is lucky he/she is not the one deadn and I hope they say that, but they will probably try to hide it.
DRUNK DRIVERS NEED TO BE OFF THE ROAD PERMANENTLY- as soon as she is out and has had a few drinks she will drive licemse or not.
Southampton Press - at ...more election time PLEASE bring this up for the sake of all kids in the area.
This woman has ruined her life with this felony conviction and other charges...
Even if he swerved in front of her as Q333 states, her being drunk easily could have affected her reflexes. Either way 6 months is no where near long enough for this crime.
True bicycles aren't technically allowed on sidewalks, but outside of business districts ...more they are probably smarter and safer to use in many cases.
The bicycle route system envisions a simple hierarchy of dedicated bike paths and demarcated bike lanes. The dedicated bike paths would be paved and divided from any adjacent streets with curbs or other safety barriers. The bike lanes that would predominate would consist of striped shoulders. Both would have clearly marked signs, with maps posted at bicycle route intersections. The Town’s street specifications (§292-36) ...more should be modified to accommodate bike paths and bike lanes as well.
What Carolyn Goss did destroyed people, torn apart a community, and took away the future of a bright, charismatic, awesome kid. Joey would have gone so far, but a drunk driver took it all away. And I can't believe that the DA let her off with this sentence. We are all OUTRAGED that she is getting off this easily. Thank god I am now old enough to vote in upcoming elections, as are many of us kids who knew Joey as our "adopted" little brother, as I can guarantee this DA won't be reelected easily.
Another aspect that may have been a factor is the level of intoxication; she may not have been much over the limit (I do not recall the details of her case). The threshold for legal intoxication was reduced from .10 to ...more .08 about 10 years ago amid much hoopla about making streets safer, when the reality is that in almost all accidents where alcohol is a factor the driver is WAY OVER .08, and the current threshold is irrelevent. The decrease from .10 to .08 was for President Clineton;s political appearances sake only. I know some highly respected members of the community that aren't safe to drive completely sober and below the speed limit, and from personal experience I can attest that at .08 I am safer than they are with no liquor in their system. But for the same reason we have speed limits that some people can drive safely over while others cannot a uniform limit is imposed and punishments are meted out according to the specifics of each violators case.
The presumed attitude in the courts is that the automobile is always responsible for avoiding non-autos, but I believe that has to change. When cars and the vehicular code was being refined there were none of these smaller wheeled vehicles taking to the road. It is not reasonable to expect a 4,000lb car to stop on a dime when someone loses their balance or turns unexpectedly, regardless of the condition of the driver.
Lets all so not forget she had her own child in front seat.
The driver has to use caution when driving plain and simple. Lets not try and make up excuses for this woman.The loser here is a 15 year old boy
Picture that, as you come to the bend and very quickly have to brake for a bicyclist moving at a good clip coming at you head on, pedaling down the wrong side of the road on a blind turn.
That wasn't the first time I encountered a bicyclist traveling into oncoming traffic, and I'm sure it won't be the last. ...more Good point, Funbeer.
(Sorry, the second take home point is that I agree with pretty much everyone here that it is a tragedy - that boy's future is worth more than 6 months. She will serve it, get out and move on. A real tragedy.)
She was driving drunk, her kid in the car...right there, CPS should know about it.
Then she killed a human being. 6 months???? Makes me just sick to think about this...and the pain the poor mother of the boy she killed ...more is going through.
Two weeks ago a Northport man was sentenced to 30 days for shooting a squirrel. Now that is harsh, considering he could've tied one on and run over a 15 year old and only gotten another 5 months!
- Drunk.
- Open container.
- 6 year old in front seat.
The D.A. should have not taken the agreement and could have done their job. To think this gal will do six months and may do this again is so sad. Very Sad.
Please don't try and twist this to say I'm sticking up for this sad woman. All I'm saying is by definition manslaughter is not murder, therefore you a factually wrong. She should have been tried for vehicular homicide, then the sentence would have been much more severe.
I doubt that this will happen and I'm fairly sure that the current "deal" has all been informally agreed to.
THE DEAL WAS MADE
Stop thinking Frank
Anyone remember how that one was adjudicated?
How can the law be upheld for anyone else should they God forbid kill someone while driving drunk. What deterrent is there?
6 months for "taking a life, prior incidents involving alcohol and a controlled substance, having a child in the front seat of the car, as well as an open container of alcohol." I wonder how much time the DA is going to suggest to those drug pushers? (the big heroin bust) I doubt NOT a single person involved will get a simple 6 months, even those with no priors.. It's going to be very interesting to see how this works out!
http://www.ratethecourts.com/judge.php?id=160353
GARY J. WEBER
Law Clerk: Thomas F. Moore, Secretary: Diane S. Mullen
Chambers: Arthur M. Cromarty Court Complex
210 Center Drive, Riverhead, NY 11901
631-852-2176
RE: Offender Caroline M Goss
Case # SC1-01014-2010
Victim: Joseph Marino
Date of Crash: 8/12/2009
Maybe if enough people write, he will give up and do the right thing.
Also, thinking about protesting the Riverhead Court Bldg, Mon-Thursday (sentencing day).
Her major crime was Vehicular manslaughter, the other charges (which she plead guilty to as well) are just reasons for a harsher penalty.
But however, it's totally PROVABLE that the victim swerved into the road. Because ...more we have confirmation on that from him himself. OH WAIT. She killed him. We'll never know that for sure. Because as if she'd comment on that. But I mean, she already did. It said a while back that she "saw he was partially in the road". But apparently she "never saw him coming because she was reaching for her cellphone". Why is that contradiction not an issue? Oh, probably because she was still in shock. Couldn't they say the same of the teenage witness who claim Joseph was in the road? But no, obviously not. Why would we make it about the victim?
This is just sickening.
The debate however is quite interesting. If this driver was sober this would be quite different altogether, the driver would be free to go. We would caulk this up as a horrible accident and move on. But since the person had alcohol on board it has turned into a lynch mob. Don't get me wrong drinking and driving is wrong, in fact we should put breathalyzers ...more on all cars and be done with the cat and mouse game we all play with the police (but that would change too many industries that rely on drinking and driving).
According to the report the lawyers took the plea because the evidence was going to show that the biker swerved into traffic, a horrible, horrible accident. No doubt the defense was going to show that a sober driver checking their cell would have still killed the biker. So, I feel the fault was in checking the cell phone and not paying attention to the road. Unfortunately, for the lynch mob; a sober driver checking their cell-phone is going to probably walk with no jail time in this situation.
Bottom line, don't drink and drive you will be guilty by default. Even more reason to never take a chance. We should focus the hate on making the roads safer, people in all mental states are sometimes not going to be not responsible enough to operate vehicles. I have seen wisdom-less 16-year-old new drivers that are more dangerous than buzzed drivers and vice-versa, at the end of the day they all can kill.