The woman prosecutors say struck a man on a bicycle with her car in late 2013, and then left him to die, faces jail time. It's the result of a plea deal announced Monday morning in State Supreme Court.
Gabriele Ballowe pleaded guilty to a charge of leaving the scene of an accident that caused physical harm and failing to report it. It's a Class E felony count. Under the plea deal, Ballowe is expected to face no more than a year in prison. Sentencing is scheduled for the morning of December 20.
In court, Ballowe admitted to driving her vehicle on the night of December 21 and striking Barry Moss as he rode his bicycle late at night on Route 5 in the Town of Evans. She admitted to leaving the scene and not reporting the incident to police.
When asked if she was aware she had struck another person, she replied to Judge Christopher Burns, "I had reason to know."
Acting Erie County District Attorney Michael Flaherty, who inherited the case from former DA Frank Sedita, said in his office that "there's no wrong time to do the right thing," praising the efforts of investigators who revisited the case. Thomas Finnerty prosecuted the case on behalf of the District Attorney's Office.
Ballowe could have faced up to 15 years in prison had she gone on trial for vehicular manslaughter.
"This defendant would never have pleaded guilty had she believed she would have prevailed at trial," Flaherty said. "Her attorneys fought us every step of the way. But we were prepared and determined, thus we have achieved this just resolution."
Outside the courtroom, lead defense attorney Thomas Eoannou maintained his position that although Ballowe knew upon hearing a scraping sound that she has struck someone, she was not the one at fault for the December 2013 incident.
"She felt a scraping sound and did not expect, nor do I think any of us would, to be hitting a bicycle or scraping a bicycle, in the middle of a dark, foggy night," Eoannou said. "That's why the manslaughter charge, the vehicular manslaughter charge, has been dismissed now by two different District Attorneys."
He stopped short of putting the blame on Moss.
"We have never once wanted to disparage the victim in this case. We will not," Eoannou said.
Flaherty, meanwhile, says the plea deal comes with the full blessing of Moss's family.
"I see so often and I see it here that families of victims often want, indeed need, to hear the person who took the life of their loved one admit that she was responsible," Flaherty said. "With that comes the knowledge that the case is over."
Family members, including Moss's three daughters, stood next to Flaherty during his Monday news conference.
"It's been a long time coming to get here," said Ashley Venters, who was joined by her sisters Cassandra Moss and Meghan Moss in expressing gratitude toward those who kept the case alive.
