A Reiman Street man was spared prison Friday in connection with an alcohol-related head-on crash that caused a Holland woman to undergo an emergency Caesarian section. He could have faced up to four years in jail.
"I acted irresponsibly, and I'm very sorry for what happened," said James A. Dziadaszek II, 22, before acting State Supreme Court Justice Joseph P. McCarthy sentenced him to five years' probation on the guilty plea to vehicular assault.
The crash occurred Feb. 20, when Dziadaszek's car crossed over the center line of Route 16 in West Seneca and hit a car driven by Kelly Esdinsky, 22. Ms. Esdinsky and her sister Julie Esdinsky, 19, who was 8 1/2 months' pregnant at the time, were both severely injured.
Julie Esdinsky's emergency surgery resulted in the birth of her son, Bradley Austin, who is healthy, according to Assistant District Attorney Christopher Belling.
The judge explained that he initially considered prison appropriate for Dziadaszek, a disabled Marine veteran, but changed his mind after taking into account a letter from the mother asking that he be given probation.
"Imprisonment in this incident is not appropriate, in part because of the victims' opinion," the judge said.
The sisters, according to their lawyer, Ray Dziedzic, favored probation "because they are not people who carry vengeance in their hearts."
The lawyer added that the sisters feared Dziadaszek "could come out worse" if he went to jail.
The Esdinskys have filed a civil suit against Dziadaszek, seeking an undetermined amount of money.
McCarthy also ordered Dziadaszek to wear an electronic ankle bracelet to monitor his whereabouts for a period to be determined by the probation department. He also must make restitution for out-of-pocket expenses incurred by the sisters.