January 24, 2008
Ex-Cop Pleads Guilty in Fatal DWI of Fellow Cop
The mother of the NYPD police officer killed when her friend and fellow cop drunkenly crashed on a Long Island highway spoke of forgiveness of the sentencing of Danielle Baymack. Baymack, who had been charged with DWI and vehicular manslaughter for the 2006 incident, pleaded guilty in exchange for what Newsday calls a "lenient sentence" of six months in jail and five years probation.
Baymack and Marlene Rivera had both worked at the 103rd Precinct in Queens. After a night of drinking at a Queens club, Baymack's Mitsubishi crashed into a guardrail the Sunrise Highway in Wantagh; both women were wearing seatbelts but Rivera was crushed. Baymack, 23, had been pleading not guilty, claiming the bartender "served me alcohol excessively" but changed her plea to get the deal, which saved her from a 15-year sentence.
Though the Nassau County DA's office did not want the deal, the victim's mother, Anna Fernandez, told the judge, "I want Ms. Baymack to plead guilty. I forgive her because I'm a Christian person. But I want her to pay ... for what she did." Her father added that he will never be a grandfather but "We forgive. We're human." Rivera's family also have a wrongful death suit against Baymack.
Image from 2006 Post cover above photograph of Baymack outside court from Newsday
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6 months. That's a fucking joke. I love how police get all the passes.
Fucking joke.
It does seem very light, butthe DA's office didn't want the deal - the victim's family agreed to it. The two women had been friends, so who knows what may have transpired between Baymack's and Fernandez's family's lawyers.
It looks like the NYPD is really scraping the bottom of the barrel for recruits.
"After a night of drinking at a Queens club, Baymack's Mitsubishi crashed into a guardrail the Sunrise Highway in Wantagh; both women were wearing seatbelts but Rivera was crushed."
Who is Rivera? Your writeup says Fernandez. The mother's name is not the same as the daughter's.
Yo, editor types, who's Rivera?
Apart from that... God almighty, I can't stand people who try to shift the blame. You f*cked up, admit it, take the heat and deal with the consequences. Bottom of the barrel? I would say so.
Sorry - I got confused with victim Marlene River and her mother Anna Fernandez having different names. It's corrected, thanks.
I wonder if the reasoning behind the victim's family's request for a deal is to drain Baymack's money away from her forever. With no assets, limited insurance coverage, and a mega lawsuit, she'll be working the rest of her life to pay off this tragedy.
The judge, who ultimately decides whether or not to accept the plea deal, is a pussy. And Ph -- a few months for killing someone in a DWI seems pretty standard for NY, whether you're a cop or a civilian.
"6 months. That's a fucking joke. I love how police get all the passes."
How is it a joke? She got a pass because the mother forgave her, not because she was a cop. The DA wanted to go hard on her. Did you READ the article at all?
I disagree that Baymack was trying to shift the blame. This writeup is extremely misleading, imo, and the Post made the same error (note that no other news organization jumped to the same conclusions).
"Baymack, 23, had been pleading not guilty, claiming the bartender "served me alcohol excessively" but changed her plea to get the deal, which saved her from a 15-year sentence."
This makes it sound like Baymack had pled not guilty, with the excuse that the bartender served too much booze. But that is incorrect.. none of the writeups before the plea mention this, and this quote is from after Baymack had already pled guilty.
Judge: "Was your ability impaired by the overconsumption of alcohol?"
Baymack: "Yes"
Judge: "And did your reckless conduct cause the death of Marlene Rivera?"
Baymack: "Yes... they served me alcohol excessively and I drank it excessively and became intoxicated."
Baymack does mention the serving of alcohol, but it is in the same breath where she clearly accepts responsibility.
Yet another precedent set! Six months for DWI and vehicular manslaughter!
Or does this just apply to cops?
"Or does this just apply to cops?"
No, it applies to people who have the forgiveness of the victim's family. Idiot.
Cop or not, its just a sad situation. She made a mistake. She knows it. She has to live with it for the rest of her life. She's a good person who made a tragic mistake. People seem to want to punish any cop for the sins of a few evil ones. She was a rookie, practically a kid. Forget that she was a cop for a second. I don't think people should be so quick to discount the culpability of the establishment that served the drinks either. See the people, not the labels.
Cop or not, its just a sad situation. She made a mistake. She knows it. She has to live with it for the rest of her life. She's a good person who made a tragic mistake. People seem to want to punish any cop for the sins of a few evil ones. She was a rookie, practically a kid. Forget that she was a cop for a second. I don't think people should be so quick to discount the culpability of the establishment that served the drinks either. See the people, not the labels.