Family Of Victim Wants Tougher DWI Laws

The family of Vasean Phillip Alleyne, the 11-year-old mowed down by a drunk driver on October 22, is outraged that the driver may face only up to one year in prison if convicted.
Faced with charges of operating a motor vehicle while under the influence of alcohol, John Wirta, 56, who claimed to police officers on the scene that he had had only "a few beers," had a blood-alcohol content of 0.13 five hundreths of a point over the legal limit.
But according to the office of District Attorney Richard A. Brown, Wirtas alleged crime, which is categorized as an A-misdemeanor, carries with it a sentence of one year in jail or a $1,000 fine.
Brown said, "Absent some aggravating factor such as speeding or running a red light  which appear not to have occurred here the sole charge that the defendant can face under current law is driving while intoxicated, which is punishable by only up to one year in prison."
"DWI [Driving While Intoxicated] and DUI [Driving Under the Influence] are not unique," said Alleynes grandfather, Reggie Harris, who came from Georgia after the weekend tragedy. "The only reason it keeps happening is because the law is so lenient. The penalty is just a slap on the wrist, so people do it all the time."
Harris additionally told The Queens Courier that the span of roadway where the fatal accident occurred 150th Street and 73rd Avenue in Kew Gardens Hills is extremely wide with long stretches between stop lights. Harris was outspoken in his belief that these conditions are especially inviting to speeders and drunk drivers.
"We requested a speed bump, but were told that six deaths have to occur before action is taken," said Harris. "If you go by this rule, thered be no one left in the city."
For now, Alleynes mother, Monique Dixon, wants to see justice for her son.
"This is about changing the law where someone will think about it before getting behind the wheel," said Harris.
Councilman Peter Vallone, Chair of the Citys Public Safety Committee, who, along with various other councilmembers introduced a resolution calling on the state legislature to adopt more stringent penalties regarding drunk drivers, said, "This is yet another example of an individual who cannot be properly punished for a crime he committed because Albany continues to protect criminals. I think its common sense that if you get behind the wheel drunk, you are acting recklessly and nothing else should have to be proven to put you behind bars where you belong. Albany needs to act immediately."
In light of this tragedy, Vallone intends to pursue the resolution.
Assemblyman Brian McLaughlin in conjunction with Assemblywoman Nettie Mayersohn will also push for more punitive measures for drunk drivers. Both are advocates of "zero tolerance."
"We want stronger penalties for any drunk drivers," said McLaughlin. "The punishment should fit the crime."
Harris said that Parsons Junior High, the school where Alleyne was enrolled as a seventh grader, will establish some form of grief counseling for the slain boys peers, who are dealing with the death by visiting the family and by commemorating a vibrant life cut short.
"Theyre all hurt," said Harris. "They set up a memorial outside and hold a candlelight vigil every single night."
Another child involved in the accident, Angel Reyes, Alleynes best friend, is listed in stable condition at Weill Cornell Medical Center.
Having posted $5,000 bail, Wirta was unavailable for comment, but remains "contrite" according to his lawyers.
E-mail this reporter at toni@queenscourier.com .