Judge To Sentence Operator of Ferry In Deadly Crash
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.
More than two years after a Staten Island Ferry crashed when its pilot passed out at the helm, a federal judge in Brooklyn is expected to sentence the ferry operator and his supervisor today.
In a separate proceeding, Judge Edward Korman will decide whether to cap damages sought by victims of the crash and their families.
The sentencing comes just weeks after a federal probation officer, Tony Garoppolo, issued a sentencing recommendation to Judge Korman that shifted the onus away from the men facing sentencing today: the ferry operator, Richard Smith, and the former director of ferry operations, Patrick Ryan, each of whom pleaded guilty to seaman’s manslaughter in the October 15, 2003, crash that killed 11 and injured more than 70.
The sentencing recommendation placed the “lion’s share” of blame on senior management of the city’s Department of Transportation for allowing Mr. Smith to pilot the ferry by himself, among other factors. Mr. Garoppolo recommended that the two spend less than 10 months in prison. A spokeswoman for the Department of Transportation declined to comment yesterday.
An attorney representing victims of the crash and their families said the two deserve the maximum legal sentences. “While the report of Tony Garoppolo found the ‘lion’s share’ of blame with the city’s Department of Transportation, the fact remains that both of them pled guilty and should be punished accordingly,” the attorney, Sanford Rubenstein, said. Mr. Rubenstein also said Judge Korman should not place a limit on the damages the city must pay to families. According to press reports, victims have sought more than $3 billion; the city has asked the federal courts to cap damages at $14.2 million.
Some crash victims will attend court today, including Lloyd Joseph, a former construction worker whose injuries from the 2003 crash left him permanently disabled and unable to work, Mr. Rubenstein said. He said, “The city should do the right thing and withdraw its attempt to limit damages and … to allow the victims to have a jury decide what damages they are entitled to.”
