The woman responsible for the December 2013 hit-and-run death of a Town of Evans man remains in jail, after the Erie County Probation Department's Conditional Release Commission denied her request for an early release. 51-year-old Gabriele Ballowe is serving a year in prison for the death of 52-year-old Barry Moss. Erie County District Attorney John Flynn said his office recommended to the Commission that Ballowe stay in jail.
"She committed a serious crime. The judge appropriately gave her a year in jail and we want to see her do a full year in jail -- it is as simple as that. This poor family of the Mr. Moss has been living with this the past three years. They finally received justice," stated Flynn.
Flynn tells WBFO that people with sentences of one year or less are eligible to request an early release after the first 60 days.
"It would be a slap basically a slap in the face to the family and it would be also a slap in the face to the criminal justice system if she was let out before she serves her full year," remarked Flynn.
Ballowe pled guilty last year to Leaving the Scene of an Incident Without Reporting, Resulting in Serious Physical Injury.
Flynn says Ballowe is eligible to file another request after another 60 days. If she does that, Flynn says, his office will again urge the Commission to reject it.
"I have no idea whether she is going to apply again. If she does, then we will be notified and we will again submit another letter to the commission opposing it and saying in the interest of justice, she deserves to do the full year," replied Flynn.
