Attorney Sibling Helps Driver Jailed for DUI Manslaughter Sue Estate of Victim in Fatal Crash
David Belniak is serving a 12-year sentence in a Florida prison after taking a plea in a criminal case over a fatal accident. Three people were killed in a Dec. 25, 2007 crash in which his pickup rear-ended a sports utility vehicle stopped at a red light on U.S. 19 in broad daylight. Beniak, traveling at over 75 mph, reportedly never braked.
He pleaded guilty to three counts of driving under the influence manslaughter last year in the Pasco County case. But now his sister, attorney Debra A. Tuomey, has filed suit against the estate of the SUV’s driver, Ray McWilliams, alleging that he was at fault and calling the Florida Highway Patrol’s investigation a “government-sanctioned assassination against one individual,” the Tampa Bay Times reports.
Surviving relatives of the victims, two generations of the same family headed to a Christmas Day gathering in Brooksville, are outraged. Their lawyer, Maureen M. Deskins of Tampa, says the Belniak suit is gut-wrenching for them.
However, Tuomey says all the families have suffered and explains that she hopes to have her brother’s suit joined with a civil action against him by the victims’ relatives that is scheduled to go to trial in April, so both sides of the story will be heard. She says Belniak pleaded guilty in the criminal case to avoid a possible life prison term.
In his suit, Belniak, 38, says an alleged last-minute lane change by McWilliams, out of the left-turn lane where he stopped, made it impossible for Belniak to avoid the accident, AOL Autos reports. The suit also contends the FHP, prejudiced by Belniak’s history of traffic infractions and a prior drug conviction, didn’t investigate the accident fairly.
It appears that Belniak may have assets; the Tampa Bay Times article says he is an officer in his parents’ construction company and owns Hernando County real estate with them.
His suit seeks compensation for his pain and suffering and medical bills.
