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Drunk Driver Who Killed Brooklyn Pedestrian Gets No Jail Time, $500 Fine


By

Rebecca Fishbein

Published Apr 9, 2014

Modified Apr 9, 2014


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Roxana Gomez

 


By

Rebecca Fishbein

Published Apr 9, 2014

Modified Apr 9, 2014


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A drunk driver who fatally struck a 27-year-old woman in Brooklyn last July was issued a six-month license suspension, a $500 fine and three years probation, after pleading guilty to operating a motor vehicle while intoxicated. He was not charged with manslaughter.

According to Streetsblog, 26-year-old Eric Nesmith was handed the nominal sentence yesterday. The sentencing came just over nine months after Nesmith struck and killed 27-year-old Roxana Gomez while she was walking at St. Mark's and Flatbush Ave in Park Slope on the night of July 5th. Though FDNY first responders noted he was speeding at the time, and the NYPD reported he had a blood alcohol level of .126, Nesmith was not charged with manslaughter following Gomez's death. Brooklyn DA Ken Thompson told Streetsblog in January "that alcohol was not a contributing factor in the death of the pedestrian in this case."

Nesmith, who allegedly told cops he'd had "up to six Coronas" prior to getting behind the wheel that night, pleaded guilty to driving while intoxicated, which carries a maximum penalty of a $1,000 fine and a year in jail. In addition to getting his license suspended, he will have an interlock ignition device placed in his car for six months.

Gomez, who was a native of Nicaragua, was a program coordinator for women's rights advocate group MADRE; she was also pursuing a graduate degree at Columbia University at the time of her death.

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