Guilty Plea In Yonkers Vehicular Homicide

eHezi Archives 20 Comments

DiFiore_Janet White Plains, NY, September 20, 2010 — Westchester County District Attorney Janet DiFiore announced that Peter Duah (DOB 6/25/69) of 832 East 218th Street, Bronx, New York, pled guilty today to the entire 10 count indictment charging him with: 



WCDA_peter duah • two counts of Aggravated Vehicular Homicide, Class “B” Felonies,• one count of Manslaughter in the Second Degree, a Class “C” Felony

• one count of Vehicular Manslaughter in the Second Degree, a Class “D” Felony,

• one count of Vehicular Assault in the First Degree, a Class “D” Felony,

• one count of Assault in the Third Degree, a Class “A” Misdemeanor,

• one count of Aggravated Driving While Intoxicated, a Class “A” Misdemeanor,• one count of Reckless Driving, an unclassified Misdemeanor, 

• one count of Operating a Motor Vehicle while under the influence of Alcohol or Drugs, a Class “A” Misdemeanor,

• one count of Driving While Intoxicated, a Class “A” Misdemeanor,

relating to a drunk driving crash that killed an elderly Yonkers man.

On December 28, 2009, at approximately 11:40 pm, a red Ford E 250 van being driven by Duah struck an unmarked New York City Police Department vehicle, which was stopped at a red light at the intersection of East Gun Hill Road and White Plains Road in The Bronx. 

The defendant also hit a second vehicle stopped at the same light.

Duah did not stop in either case and fled the scene.

The unmarked police car activated its lights and siren but lost sight of the van and was unable to continue pursuing it because of the damage their vehicle sustained. 

Other NYPD units and Yonkers Police were advised to be on the lookout for the van.
At approximately 11:47 pm, the defendant was driving northbound at a high rate of speed on Central Park Avenue in Yonkers where it crosses through the intersection with McLean Avenue. 

The defendant’s van struck the rear end of a 2010 Hyundai, which was exiting the A & P Supermarket. 

Herbert Goldstein and his wife were trapped inside their vehicle that spun around and flipped over onto the driver’s side. 

The van continued for a short distance then struck a tree. 

It was found to be unoccupied when police arrived. 

The defendant was spotted on a side street running away and was pursued by police who took him into custody. 

After being extricated from his vehicle, 65-year-old Herbert Goldstein died the following morning. His wife spent three weeks in the hospital being treated for her injuries.

Duah’s blood alcohol level was found to be .28, more than three times over the legal limit.

Duah faces a minimum of 5 to a maximum of 25 years in state prison when sentenced on November 12, 2010.

Assistant District Attorney Jonathan Strongin of the Superior Court Trial Division is prosecuting the case.

 

 

 

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eHeziGuilty Plea In Yonkers Vehicular Homicide

Comments 20

  1. your racial view of the world is a throw back to
    the 1960’s..campbell was murdered that is what the
    jury found that is what the appellate division found
    and it has nothing whatever to do with liberal or
    conservative and everything to do with the law

  2. You are killing me with your stupidity. I never said you have to retreat in your own home, on the street it’s fight or flight, you have to retreat if you can and campbell didn’t.
    You just proved his innocence in your last post. You said you can use deadly force to repel deadly force and thats what digugliemo did, he used deadly physical force to repel deadly physical force but yt you still maintain his guilt… why ? Because he’s a cop ? Because he’s white and the other party was black?
    Like a typical liberal you twist words and invent things when it fits you. I have been able to pick apart every argument you have brought up but like a true liberal you keep plugging away even when you have no platform any more.
    You are the exact reason why your party has ruined this county in such a short period of time and why you will lose control of congress in november and the white house after the next presidential election.
    Your uneducated rhetoric and self serving liberal agenda is old and tired and it’s time to move on

  3. please stop trying to confuse other bloggers as
    to what the law is..there is no duty to retreat in
    your own home..and you can use deadly physical force
    to repel deadly physical force…the jury heard the
    facts you did not…they found him guilty…an appellate court reviewed the transcript and the facts
    and the law and they found that the lower court judge
    was wrong…common sense doesn’t rule the justice
    system because each persons view is different.its why
    we have juries…and judges…and according to the
    law you are simply wrong

  4. You’re first statement is so narrow minded , I can’t tell if you’re a kid or just a brainwashed leftist. If someone breaks into a house and the homeowner shoots and kills them, you would put the homeowner in jail? If a person that was legally licensed to carry a handgun shoots and kills an armed robber, should he go to jail ? I wonder if you would be so quick to put campbell in jail if he had caved mr. digugliemo’s skull in and killed him ?
    Why is it interesting that I blame the dobbs ferry cops, it’s common sense that a small department with little to no major investigative experience should seek outside help… I guarante that God Forbid it was someone you know that was killed, you would want only the best investigating it.
    We have all heard of innocent people in jail and digugliemo is one of them

  5. as far as I am concerned when you cause a death and
    are convicted you belong in jail..interesting how
    you blame the dobbs ferry pd..how about the jury
    you seem to be very familiar with police procedures
    how about the law..the defendant police officer was
    convicted by a jury of his peers 12-0 unanimously
    thats how the system works..fortunately

  6. you just showed yourself to be a disgusting liberal… police officers are trined to shoot for what is known as center mass, which is the suspects chest, not to shoot in the leg or the arm… it’s hard enough to hit a moving target, it’s impossible to hit aim and hit a small target in a high stress situation.
    The only moron that ever tried to pass a law like that is our less than intelligent governonr patterson. As a senator from harlem he introduced legislation that made it a crime for a police officer to kill someone, instead mandating that they had to ” wing” the person. Do you know where that legislation got ? NOWHERE, it didn’t even make it to committee.
    If you go to the trial transcripts, all the witnesses testified that campbell struck the father once in the leg and once in the head and was poised to swing again.
    He was able to go back to his car to get a bat, he could have just as easily got in the car and left… the dobbs ferry police botched this investigation from the start partly due to their napoleon complex of being a tiny police department and having the NYPD shooting team come up for an investigation.. they refused the NYPD investigators access to digugliemo, to the scene and even to use the telephone at the dobbs ferry headquarters. Why would they not take the vast experience of the NYPD and use it to come to a proper outcome?
    Digugliemo has already served more time in prison that most people convicted of the same crime do and sending him back to jail is just a smack in the face to real justice. Campbells death was tragic but it was caused by campbell himself – bottom line

  7. sorry when I said diguglielmo I meant to say campbell
    could you show me in the transcript where campbell
    actually made contact with the father rather then
    simply retrieving a baseball bat…diguglielmo as
    a trained police officer could have subdued campbell
    or shot him in the leg…he did not have to kill
    him and the jury agreed..

  8. Digugliemo didn’t make contact with his father with the bat, the real suspect in this case charles campbell did.
    Campbell went to his car and retrieved a baseball bat, he had the chance to leave in his car and that would have ended the situation… there is a part of the law called fight or flight… you have to back off if you can and in this case he could have but he CHOSE not to. Instead he retrieved a weapon when no weapon was produced by the elderly man that he was having an arguement with.
    The bottom line in this case is that campbell escalated this situation by introducing a weapon into it and by striking an elderly man with it and then winding up to take another swing at the man that could have proved fatal… yes hitting someone with a bat is likely to cause serious physical injury or death. Digugliemo acted well within his rights when he fired to protect his father.
    In this disgustingly liberal county it is very difficult to make liberals see through the haze to make the right decisions

  9. I am rather enjoying this back and forth becasue it is always a pleasure to expose a liberal moron such as yourself for what you really are, a spin doctor.
    My bias is that I know how her office works and it disgusts me. I am college educated and post college educated as well.
    My problem with the Digugliemo verdict is that I do think there was misconduct on the part of the investigatiors and that using common sense a reasonable person could deduce that hitting an elderly man in the head with a baseball bat is likely to cause death or serious physical injury so Digugliemo fearing this was about to happen eliminated the threat to his father. Regardless of if the victim was his father or not, article 35 of the NYS Penal Law clearly states that a police officer – off duty or not can use deadly physical force to end an attack that is likely to cause death or serous physical injury to another.
    Pirro was renound in the criminal justice community for her dislike for law enforcement officers and this was her chance to hang a cop and thats what she did.
    Of course you are again going to try to spin this like liberal lemmings always do and that’s fine…. you’re excuses are laughable

  10. and your suggestion that somehow diguglielmo should
    not be in jail is also erroneous…the appellate division sent him back after a westchester judge
    made an erroneous finding…ie he was reversed by
    the higher court..you cannot use a baseball bat to
    kill someone because of an argument especially if
    you are a police officer…simply unacceptable
    A former NYPD cop was ordered to return to prison after an appeals court reinstated his murder conviction for killing a man during a dispute over a parking space.
    Richard DiGuglielmo, who had been free since 2008 after serving 11 years of a 20-year sentence, must return to court “promptly” and then return to prison, the court said Tuesday. He’s expected to return to court next week.
    DiGuglielmo was off-duty on Oct. 3, 1996, when he killed Charles Campbell, 37. Campbell was arguing with DiGuglielmo’s father outside the family’s Dobbs Ferry deli and hit him with a baseball bat.
    DiGuglielmo, fearing Campbell would kill his father, grabbed a gun from under the deli counter and shot Campbell.
    A Westchester County judge freed DiGuglielmo in 2008, finding that one witness was pressured into giving testimony favorable to the prosecution.
    The Appellate Division ruled that even if the jury had heard the claim of undue pressure, it would have convicted DiGuglielmo. and the higher court knew it
    and that’s the way the law works….the county court
    judge was wrong on the law…and when you are wrong
    you get reversed
    Read more: http://www.nydailynews.com/news/ny_crime/2010/05/29/2010-05-29_back_to_jail_for_cop_freed_in_slay.html#ixzz10HcIjfDN

  11. so you have two biases at work..1.she changed parties
    2. you don’t like the Digugliemo outcome…so did you
    intentionally misrepresent how plea bargain is made
    the sentence is NOT SIGNED OFF BY THE JUDGE…the
    DA offers a plea..in this case it was AS CHARGED
    all counts…the defendant then gets to hear what
    the judge intends to do at sentence..if he accepts
    the plea he can expect to recieve the sentence he
    is promised..sentencing is not up the the Da..many
    people like you think that common sense is a substitute
    for education…my dad thought the same thing…even
    though he was brilliant he lacked education and therefore the ability to reason and so do you

  12. it’s clear to me that you work in her office and if you do i’m sorry for you. You don’t need a law degree to know what goes on or to use common sense… I’ve seen plenty of lawyers with legal degrees that have NO CLUE what is going on. I will agree that you can’t take every case to trial but when you have a solid case, take it and get the most out of sentencing.
    She was only re-elected because dan schorr had very little experience …. she is a puppet master and knows how to play the media and people like you.
    She is a vengeful woman just ask PO Digugliemo who is back in jail. This man was maliciously prosecuted and continues to be and she as well as pirro should be ashamed. She does not serve the people of westchester, she is not an advocate of victims rights, she is an elitist who will be looking for another job after this term.
    Hey now that the democrats are on the outs with people is she going to try to go back to the republicans ??? Nobody likes a fair weather politician

  13. well actually you really do need a law degree to
    know whatgoes on…this is not a game and you know
    very well it would be impossible to go to trial on
    every single case.that is why every single da’s office
    in the country engages in plea bargaining..your bias
    against her is apparent…carl vergari was a politician
    too..did you have the same problem? i doubt it and
    he plea bargained as well…the underlings you complain
    about only have latitude on the run of the mill everyday black and white cases..everything else goes
    up the line to a bureau chief or the da’ herself..
    and since you do not have a law degree you are totally
    unfamiliar with what is necessary to effectively administer justice in a county as large a westchester.
    but fortunately the voters understand and will continue to re elect her

  14. First off, a plea bargain includes sentencing which is signed off on ahead of time by the judge. The plea deal is offered by the DA’s office and they offer the jail time … if the judge agrees then he allows the offer to be put on the table so in essence when a plea is involved the judge has very little leeway in sentencing. If a case goes to trial then the judge has a say within the parameters of the law but there are so many plea bargains here that a judge very rarely gets to sentence a defendant outside of a plea.
    You’re right i’m questioning her judgement, but it’s naive to think that she herself is making these deals, I know that her underlings approve the deals, she is just another politician. To call her the chief law enforcement officer in the county is a joke and a slap in the face to all hard working cops in the county who are the real law enforcers.
    I don’t need a law degree to know that what goes on in the DA’s office stinks and it is junk justice. It’s a numbers game and if you’re too jaded to see that well then I feel sorry for you.
    Giving easy plea deals does not equal quality prosecution …..

  15. it seems to me that sentencing is up to the judge
    if someone pleads to all counts of the indictment
    and a judge decides to sentence them that is his
    responsiblity..even if the Da made a recommendation
    the judge can do wht he wants…if you feel that you
    know more about how to administer justice why don’t
    you get a law degree work in the da’s office for
    20 years become a judge and then run for DA…you are
    second guessing the chief law enforcement officer of
    the county who has a responsiblitiy to handle thousands
    of matters and not all of them can go to trial in
    fact only a very small number of them can…unlawfully
    fleeing a police officer apparently was not part of the
    charge..why don’t you ask the grand jury…it seems
    to me that most criminals avoid being caught and run
    but get caught anyway and they are never charged with
    that particular crime..the plea was to a felony
    it doesnnt matter whether he pled to one felony or
    more than one ..the sentence would be the same and
    if you work in the cj system you should know that

  16. I’ve worked in the criminal jusitce system for 15 years and I like many of us in the CJS are tired of seeing the behind the scenes low ball plea deals that are offered to hardened criminals. Do i like janet, NO, would i call it a grudge, NO, I didn’t like pirro either. Janet just like pirro has a huge chip on her shoulder. I’ve seen the amazed reaction of too many families when they learn that the person that killed their loved one will only be in jail for 7 years due to a plea.
    For you to say i have a grudge is just spin, trying to deflect my previous statement… what about the felony charge of unlawfully fleeing a police officer ?? This section of the penal law was enacted at the time of this crime so it would apply …. like i said, or did janet forget that one

  17. anti janet posters clearly have a grudge…they
    don’t like effective law enforcement very much
    because it doesn’t fit in with their neat little
    notion of what they would do ..of course they are
    not elected to do anything and they wouldn’t know
    how to administer a criminal justice system under
    any circumstances

  18. Just another in a long line of BS plea deals from the DA’s office. For that laundry list of charges he is only facing five years ?? You make it sound like him pleading guilty to the whole indictment is a win for your office when thats always a condition of your pleas. This is not justice, this is garbage.
    Hey Janet What about the felony fleeing a police officer charge, or did you and your cronies forget that one, unreal …..

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