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Ballowe sentenced to one year in Moss hit-and-run case

Almost three years to the day since Gabriele P. Ballowe hit Barry Moss with her SUV and left him to die alone along Route 5 in Evans, Ballowe learned Tuesday morning she would spend one year behind bars as punishment.

"It was a terrible mistake that will haunt me forever," Ballowe said before Justice Christopher J. Burns imposed the sentence for her conviction of attempting to leave the scene of an incident without reporting, resulting in death.

"I should have stopped," she said. Ballowe offered her thoughts and prayers to the Moss family, saying she always has, since "Day One."

Ballowe's attorney asked the judge to sentence her to probation but Burns gave her a year. When he accepted Ballowe's plea in October, he committed to a sentencing cap of no more than one year in jail. Moss's family agreed to the plea agreement.

Ballowe was handcuffed in the courtroom before being taken away by a deputy.

 

Before the sentencing, Moss' daughter, Cassandra, made a statement on behalf of their family.

"The amount of love he had for us was immeasurable," she told the court.

Her father was walking home the night of Dec. 22, 2013, when he was struck by Ballowe's SUV. "He was almost home," she said in tears. "... Our protector was gone and in his place we were left with grief and injustice."

Moss was either riding or pushing his bicycle along Route 5 in Evans at about 1 a.m. when he was hit. His body wasn't discovered until after sunrise the next morning.

Ballowe, 51, was arrested in June after being indicted on charges of first and second degree vehicular manslaughter and leaving the scene of an incident.

Barry Moss of Evans was struck and killed in a hit-and-run on Dec. 22, 2013.

The first time the case against Ballowe was presented to a grand jury, the panel first voted to indict her and then, after being urged by the District Attorney's Office to reconsider the evidence, it voted not to indict.

A mystery in Evans: Who killed Barry Moss?

Acting District Attorney Michael J. Flaherty Jr. reopened the case when he took office in January, assigning Assistant District Attorney Thomas Finnerty to the case. Finnerty uncovered new evidence to support the allegation that Ballowe was aware that she had struck a person with her vehicle but still did not stop to render aid or call for help. That evidence reportedly came from a witness who knew Ballowe and spoke with her after Moss was killed.

Moss's family previously settled a wrongful death civil lawsuit against Ballowe. That settlement did not involve an admission of guilt.

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