By Zach Patberg
For his life, the small spunky 11-year-old from Flushing will have his name permanently etched on one of the state's most sweeping and publicized pieces of legislation in years — thanks, in part, to relentless lobbying by the boy's mother.”Too often it takes the courage of a loved one, of someone who has tragically lost his life to come up and walk the halls of Albany and get action,” said Gov. George Pataki at a news conference in Albany Monday where he promised to sign the bill.The measure, called Vasean's Law, will toughen penalties and lessen demands on prosecutors in cases in which an intoxicated person kills or maims another while behind the wheel. It passed unanimously Monday in the Assembly, 137-0, in what co-sponsor Assemblywoman Nettie Mayersohn (D-Flushing) considered “one of the fastest votes we've ever taken on a controversial issue.”The state Senate, which passed a similar bill two years ago, voted 59-0 Wednesday to pass the Assembly's version.But unlike its smooth passage, Vasean's Law's development took a long time coming, with months of legal and legislative wrangling.Vasean and his best friend Angel Reyes, 12, were struck by a van Oct. 22 while crossing 73rd Street in Flushing. Vasean was killed. Angel was in a weeklong coma and suffered neurological damage that has turned into a permanent learning disorder. The driver, John Wirta, 56, a Fresh Meadows repairman, allegedly had a blood alcohol level well above the legal limit. He was arrested at the scene and charged with drunk driving, a misdemeanor carrying a maximum one year in jail.Since the accident, Vasean's mother, Monique Dixon, and Diana Reyes, mother of Angel, have made numerous trips to Albany and gained considerable press coverage in their fight to raise the charge to a felony.Assembly Speaker Sheldon Silver (D-Bronx), who initially favored a much weaker DWI bill before coming onboard with Vasean's Law, thanked the mothers for their doggedness at his own news conference Monday, saying it was “the best and only way we will ever truly achieve victory over the scourge of drunken driving.”Although the new law will not apply to Wirta's case, both mothers have expressed some relief in knowing it might prevent similar tragedies in the future.Mayersohn agreed: “I really feel this is going to become a huge deterrent.”In addition to raising fatal DWI penalties to up to seven years in prison, the bill also presumes that the intoxication alone caused the accident, not drunkenness plus another reckless act like speeding. This “rebuttable presumption” essentially shifts the burden of proof to the defense.”Vasean's Law will make a difference,” said co-sponsor Assemblyman Brian McLaughlin (D-Flushing), “perhaps even provide some comfort in knowing that from the loss of little Vasean and the serious injury of his best buddy, Angel, a new chapter in criminal justice is born.”Reach reporter Zach Patberg by e-mail at news@timesledger.com or by phone at 718-229-0300, Ext. 155.
