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Driver guilty of killing pedestrian is fined

The driver in a fatal car-pedestrian accident last year was convicted of two vehicle and traffic violations Tuesday by Town Justice Raymond E. Schilling.

Scott Barlow, 20, of Irish Road, Wilson, was convicted of failure to exercise due care to avoid a pedestrian and having an unsafe tire.

Schilling, who presided over a nonjury trial two weeks ago, imposed fines and surcharges totaling $180.

"The sentence and fines are irrelevant, really. . . . My daughter wasn't being represented fairly," said Kenneth Dowd, whose daughter Jessica, 18, was killed by Barlow's sport utility vehicle on the night of June 6, 2006, on Ridge Road just west of Wrights Corners, not far from her home. By convicting Barlow, Schilling in effect ruled that Jessica had not been at fault in the accident.

Daniel Sims, now 16, was walking with the victim.

Although a Niagara County sheriff's deputy quoted Daniel Sims in his report as saying they were walking in the traffic lane instead of outside the line on the shoulder, his mother, Brenda Sims, said she was present for the interview and denied her son ever said that.

The Sheriff's Office had refused to file charges against Barlow for months after the accident. Defense attorney Edward Jesella said he and Barlow would have no comment on the verdict.


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