After today’s court hearing, the ADA basically said that all the evidence they had was presented to the grand jury, including a vehicular manslaughter charge which they hoped would stick. Unfortunately, the grand jury shot down all felonies and only charged misdemeanors with a maximum of 30 days and a fine. Without further evidence, there will be no additional charges added. This is a sad day for us all. There’s no justice for the death of my beautiful, 19 year old niece. The defendant can’t prove he was sleeping, but they are basically taking his word for it that he “fell asleep” even though he lied to the officers at the scene and said he worked all night. He didn’t start work until 10 am that day, and the accident happened at 2:16 pm. No drug test was administered, so we will never have answers, but one thing is for sure: no one just falls asleep at the wheel in the middle of the day without being under some influence. Previous social media posts, although not posted on the day of the incident, prove that he willingly drives under the influence.
The next court date is April 30th, the exact time to be determined. We need to continue to show support and show the judge that we will always be there for Ava. This is not okay! Your presence at these court hearings means the world to Us. It shows that she is not forgotten, and that her memory lives on in the hearts of all who knew and loved her. Your support gives us strength during this difficult time, and we are deeply grateful for your continued solidarity.
We encourage everyone who can to attend the court hearing on April 30th to show your support for Ava and demand justice for her tragic and untimely death.
We are completely deflated, and disappointed in the court system, heartbroken by the grand Jurys decision, enraged by the highway patrol who took over the scene after Avas death and chose not to drug test the defendant. Whose feet are going to be held to the fire for this?
We will be fighting to have the law changed in NYC that requires drug testing…Ava’s law.
If you have a commercial driver's license (CDL), it is mandated to undergo toxicology testing. A similar standard should apply to all motor vehicle operators. Our next fight is creating Ava’s Law, proposing that anyone involved in an accident where there is a confirmed death, a possibility of death, or a serious injury (victim is unconscious, visible broken bones, etc.) should be breathalyzed and have blood drawn (considering that marijuana is now legal, similar to alcohol). The driver's refusal should result in a 2-year New York State license suspension without the option for a "hardship" license, which typically allows DWI defendants to drive to work and for a few hours on weekends. We hope you will support this initiative when the time comes.