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HEAD-ON CRASH THAT INJURED
NETS PROBATION

A Reiman Street man was spared prison today in connection with an alcohol-related head-on crash that led to an emergency Caesarean section for a Holland woman. 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 the center line on 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 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 U.S. 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 were placed in jail. The Esdinskys have filed a civil suit against Dziadaszek.

McCarthy ordered Dziadaszek to wear an electronic monitor during probation and make restitution.

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