Drunk Driver Receives No Jail Time After Hitting, Killing Pedestrian In Brooklyn, NY

| by Khier Casino

A drunk driver who struck and killed a woman in Brooklyn, N.Y., was sentenced this week to a six-month license suspension, a small fine, and three years of probation.

On July 5, 2013, driver Eric Nesmith, now 26, hit 27-year-old Roxana Gomez as she was walking at the intersection of Flatbush Avenue and St. Marks Avenue just after midnight, according to Streetsblog NYC. She died of her injuries on July 10.

According to the New York Post, Nesmith, of Newark, N.J., had a blood alcohol level of .126, far beyond the .08 legal limit. He reportedly “admitted to cops he had consumed up to six Coronas” while celebrating Independence Day prior to the accident.

Though FDNY first responders said he was speeding, Nesmith was not charged with homicide in the case.

“An accident reconstruction expert concluded that alcohol was not a contributing factor in the death of the pedestrian in this case,” Brooklyn District Attorney Ken Thompson told Streetsblog in January.

Nesmith pleaded guilty to driving while intoxicated, which carries a maximum sentence of a $1,000 fine and a year in jail. Judge Raymond Rodriguez on Tuesday issued him three years probation and fined him $500, with no jail time, according to court records.

In addition to having his license suspended, Nesmith will have an interlock ignition device installed in his car for six months.

Gomez, a Columbia graduate student who worked for women’s rights advocate group MADRE as a program coordinator.

Nesmith is scheduled to return to court in June.