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The Barry Moss fatal hit-and-run case, from the handyman’s death to the filing of charges

Dec. 22, 2013: Barry T. Moss, 52, a father, grandfather and handyman from Evans, is found dead off Route 5, not far from his Evans home, victim of an early-morning hit-and-run. Hours later, Gabriele Ballowe takes her damaged sport utility vehicle to a collision shop in Dunkirk, far from her home, also in Evans.

Dec. 23, 2013: Evans Police obtain evidence linking Ballowe’s vehicle to the hit-and-run. They impound her vehicle from the Dunkirk collision shop. Ballowe refuses to discuss the incident with police and hires a defense lawyer Thomas J. Eoannou.

Jan. 25, 2014: The Buffalo News reports that Evans Police are investigating Ballowe and are talking to witnesses in connection with the death. Police compiled an accident report listing Ballowe as the driver who hit Moss.

April 2014: Erie County District Attorney’s office begins presenting evidence about the hit-and-run case to a grand jury.

May 16, 2014: DA’s office informs Moss’ family that the grand jury decided not to indict Ballowe. “You might feel in your heart of hearts that somebody should be prosecuted, but if the grand jury does not feel the evidence is sufficient, there will be no charges,” DA Frank Sedita III says.

June 8, 2014: The News reports that grand jurors initially voted to indict Ballowe on felony charges, but Sedita sent an assistant into the juror room to persuaded them to take a second vote and rescind the indictment. Sedita declines to confirm or deny that account, but says that he believes grand jury made the “correct decision” not to indict. News also reports that Moss’s DNA was found on Ballowe’s vehicle and that broken parts from her vehicle were found at accident scene.

June 9, 2014: Sedita directs Evans Police to return Ballowe’s SUV to her. Chief Ernest Masullo refuses, saying the vehicle is evidence in an ongoing investigation.

June 19, 2014: Members and friends of Moss family post an $11,000 reward for information leading to the conviction of the hit-and-run driver.

June 23, 2014: Michael Caffery, attorney for Moss’s survivors, files a wrongful death lawsuit against Ballowe.

Jan. 15, 2015: At a Department of Motor Vehicles hearing for Ballowe, police testify that a Hamburg bar waitress told them that Ballowe appeared to be intoxicated and refused her offer of a ride home before getting into her SUV driver’s seat about 20 minutes before Moss was struck.

Jan. 28, 2015: DMV Law Judge Glenn E. Murray revokes Ballowe’s license to drive, saying he found “abundant evidence” that she was under the influence of alcohol and driving the vehicle that hit Moss. Ballowe did not appear at the hearing.

Aug. 19, 2015: Rather than face a trial where she would be required to testify, Ballowe and her insurers settle the wrongful death lawsuit filed by Moss’s survivors. Terms of the settlement are kept secret.

Early January 2016: Sedita is elevated to the position of state Supreme Court judge after endorsement by both major political parties. His top assistant, Michael J. Flaherty Jr., becomes the acting county DA, and one of his first moves is to resurrect the Evans hit-and-run investigation. FBI agents and State Police assist Evans Police in the investigation.

Jan. 9, 2016: Mark A. Sacha, an attorney seeking election as DA, asks for a special prosecutor to be appointed to handle the Evans hit-and-run case. Sacha charges that both Flaherty and Sedita are to blame for convincing grand jurors to rescind earlier indictment against Ballowe.

May 27, 2016: Sacha accuses Flaherty of being the Sedita assistant who convinced grand jury to rescind indictment in 2015. Flaherty refuses to confirm or deny, citing grand jury secrecy rules.

June 21, 2016: Ballowe will be charged with several felonies including vehicular manslaughter, almost 31 months after the death of Moss.

(SOURCES: Police reports and Buffalo News research)