Press release
On Thursday, February 6, 2020, Richard D. Sawicki, of Lackawanna, was sentenced as follows:
Aggravated Vehicular Homicide, a class B felony – Defendant was sentenced to an indeterminate sentence of 6 2/3 to 20 years in state prison
Assault in the Second Degree – 4 COUNTS – the maximum sentence of a 7 year determinate sentence on each count followed by 3 years of post-release supervision.
All of these sentences must, by law, be run together (i.e. Concurrent) even though they apply to separate individuals. The defendant must serve at least 6 2/3 years in prison before he will see the parole board. As noted sentencing was in the sole discretion of the judge and this sentence is only 1 2/3 years below the maximum allowed by law (i.e. 8 1/3 – 25 years was the max allowed)
He was ordered to pay restitution in an amount exceeding $21,000.
“During sentencing one member of the victim’s spoke on behalf some members of the family and one member spoke on behalf of herself and her children. It was a highly emotional victim statement that brought both the victim’s family as well as the members of the defendant’s family to tears.
Below are excerpts from my pre-sentence memorandum that was referenced during the sentencing and submitted and made part of the record:
‘It is a constant refrain in our criminal justice system these days to make excuses for one’s behavior. It has become a grocery list of sorts. Just scan the items and pick anything that excuses ones behavior…..as in this case the use of one of the golden oldies: BLAMING IT ON THE BRAIN. It is repugnant to think that a 20 year ADULT’s behavior can be excused because of the argument that his or her brain is not developed. We allow 20 year olds to vote for the most powerful person in the world, to join the most powerful, skilled and technologically advanced military in the world, to have a full unrestricted license, to be a guardian or parent over another individual, to buy large and expensive items such a house or car and to get legally married. In every facet of our everyday lives we treat 20 year olds as fully grown and responsible adults and you know why? Because they are fully developed.
A person’s true character is revealed when under the most amount of stress. After the defendant had rammed his vehicle into the victim’s vehicle the person he was following, Baillie Schwab of
Maxon Road, turned around after witnessing the crash in her rear view mirror. In her vehicle was a passenger named Kristina Kriger. Ms. Schwab directed Ms. Kriger to go check on the defendant. Kriger approached the defendant’s vehicle finding the defendant still sitting in the driver’s seat and then they had the following conversation:
Kriger: Are you ok?
Defendant: Yes.
At this moment the defendant falls face first out of the truck onto the ground. The defendant gets up and says: “I need a beer”. This is seconds after the crash!
They never came forward on their own and did not cooperate until the police discovered their identities. When they did cooperate they both gave statements indicating that they both believed that the defendant should not have been driving after drinking at the Schwab house all night long.
Richard Sawicki is 100% responsible for the carnage that he caused on May 26, 2019. He must be punished not only because he deserves it due to the fact that he killed three generations of one family, maimed another and also injured others but because it is the only way to get people to stop drinking and driving. There must be real consequences for people who drink and drive and then cause serious injury and/or death. I have said it time and time again. It is the Richard Sawickis of the world that are the most dangerous people in the Wyoming County Community as they are most likely type of criminal that will cause the death of me, a member of my family, a member of my community or any member of the general public. While these are not intentional crimes they are the most preventable crimes making them as serious and as egregious as intentional crimes. There are no winners in these cases. The Brito Castro family has lost everything, the Sawicki parents are going to lose their son for a significant period of time and the Defendant is going to lose his liberty and forever be a convicted felon who has to live with what he has done,’
This even has shaken our community and forever harmed not only the Brito Castro Family but our many volunteer first responders that answered the call that fateful morning. We are forever grateful for their service,” said Donald O’Geen, Wyoming County District Attorney.
Aggravated Vehicular Homicide, a class B Felony – Maximum sentence is 8 1/3 – 25 years in state prison, a fine could be imposed, NYS surcharges, DNA sample, the Ignition Interlock Device would also be mandatory as a condition of a conditional discharge or probation once he is released.
Assault in the Second Degree – 4 counts – each carrying a maximum of sentence of 7 years in state prison –
– All sentences have to run concurrent with each other based upon current NYS law
The charges stem from a horrific motor vehicle crash involving the defendant and another vehicle at the intersection of Maxon Road and Route 20A in Varysburg, Wyoming County on May 26, 2019 at 6:30 a.m. Mr. Sawicki was allegedly out all night drinking until approximately 2 hours prior to the crash.
Mr. Sawicki left a residence located on Maxon Road and proceeded to drive his vehicle through the stop sign going 70 mph 3 seconds prior to the intersection and 60 mph at the point he collided with a minivan carrying 9 people who were headed west on Route 20A from New Jersey.
There were no signs of braking prior to the point of impact. The victims had no chance and no warning. The impact of the crash caused the death of three individuals as outlined in the attached charging documents. The crash also seriously injured 4 other occupants of victim’s vehicle, one of which is a 4 year old female child who will never fully recover from her severe injuries. The remaining two occupants suffered only minor injuries and have since recovered.