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Driver in fatal DWI gets weekends in jail, ordered to talk to students
Updated: August 21, 2010, 2:41 AM
Ngoubdo Babagana was ordered Thursday to spend weekends in jail for four months and to talk to schoolchildren about the dangers of drinking and driving as punishment for a fatal drunken driving accident in March.
Erie County Judge Thomas P. Franczyk ordered Babagana, of Mills Street, to report to the Erie County Correctional Facility in Alden at 6:30 p. m. next Friday to begin her sentence for the March 7 death of Daryle C. Liszka, 44.
Babagana, who was celebrating her 21st birthday the day of the accident, told the judge she prayed that her victim’s family will “forgive me for what happened.”
The judge told Babagana she will be on probation for five years after she completes her weekends in jail.
Her school talks will be set up by the Erie County Probation Department. She also was ordered to pay $1,400 in fines and court fees.
Liszka, of Lloyd Drive, Cheektowaga, was killed when Babagana slammed into his car as he was pulling out of the Bowl Inn Bowling Center parking lot on Bailey Avenue just before 5 a. m.
Babagana pleaded guilty to criminally negligent homicide and drunken driving.
The victim’s father, sister and fiancee, Kathleen Grieco, were in the courtroom for the sentencing. Grieco’s son, Sean, told the judge he wanted the driver who took the life of the compassionate man he had come to love to speak to others “to help stop this from happening again.”
The judge said he was troubled by postcrash blood tests that showed Babagana had an blood-alcohol level of 0.17 percent, more than twice the minimum level for drunken driving, and traces of marijuana in her system.
Though Babagana insisted she had only had a couple of drinks while celebrating her birthday the night of the fatal incident, the judge told her he wished she had exercised the common sense “to get a designated driver.”
Kelley A. Omel, chief of the district attorney’s Vehicular Crimes Unit, told the judge an investigation of Babagana’s Facebook page indicated she had planned to celebrate her birthday by drinking.
Her attorney, Franklin M. Pratcher, stressed that the section of Bailey where the accident occurred was poorly lighted and that it was a very foggy night.
Pratcher said the victim had also been drinking and apparently not paying close enough attention to passing vehicles when he pulled out of the parking lot.
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