Driver in fatal DWI crash faces resentencing for probation violations - The Buffalo News

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Driver in fatal DWI crash faces resentencing for probation violations

A Blasdell man sentenced last year to six months in jail and five years on probation for a drunken-driving car crash that killed one girl and injured two others faces resentencing early next year after he violated his probation.

Bradley V. Maloney, 20, appeared today before Erie County Judge Michael F. Pietruszka to be sentenced on the violations, which involved staying out after his curfew, attending a party where alcohol was being served and missing several counseling sessions, but the resentencing was adjourned to Jan. 16.

The Probation Department recommended Maloney continue to serve probation and wear an electronic monitor. The monitor detected his curfew violation earlier this year. The department also recommended community service.

Maloney had pleaded guilty to the violations in September, according to Assistant District Attorney Kelley B. Omel. The violations occurred when he was seen at the party about a half hour beyond his curfew.

His attorney, Anthony J. Lana, indicated Maloney went to the house where the party was being held to pick up some expensive DJ equipment he had left there and that he did not drink. He said his client is regularly tested for alcohol and the tests showed he has not been drinking.

Besides a curfew, his probation conditions include no drinking and no driving.

Maloney pleaded guilty last year to first-degree vehicular manslaughter, first- and second-degree vehicular assault and driving while intoxicated in connection with high-speed crash Jan. 28, 2012, on the Seneca Nation Cattaraugus Reservation. Three Hamburg girls, all sitting in the back seat, were thrown from the car: Angela Keim, 14, who died; Elizabeth Szewczyk, who was 13 at the time and suffered critical injuries; and Summer Locking, who was 16 and was less seriously injured.

At his sentencing in August 2012, Maloney sought to explain why he failed a urine test in June 2012, which revealed that he had been drinking alcohol as he awaited sentencing.

“The reason I drank, used alcohol the second time was to get away from everything,” he said then.

After his guilty plea, Maloney had been allowed to remain free, but he was ordered not to drink or drive. Pietruszka ordered him jailed after the failed urine test, pending the sentencing.

George Kuntz, Angela’s stepfather, and other family members were in court today. After the resentencing was adjourned, Kuntz said outside the courtroom that Maloney has violated his probation and should be sentenced to prison for his actions leading to the fatal accident.

“He killed my kid,” Kuntz said. “How many breaks does he get?”


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