Pena Case: Nearly Two Years Without a Plea

DECEMBER 4:TWU Local 100 officers and rank and file came to Manhattan Criminal Court today for the 21st court hearing in the case of the People vs. Domonic Whilby, who drunkenly drove a bread truck into the M14 bus operated by William Pena, killing him early on the morning of February 12, 2014. They had the news that yet another postponement in the case until January 25 had been granted by Judge Gregory Carro, this time to allow a defense expert to produce a toxicology report. This was the same reason given for the last court postponement to today’s hearing.

Nancy Rodriguez, Willie’s widow, standing at the side of newly elected MABSTOA Vice President Richard Davis, asked Manhattan ADA Randolph Clarke why there had been so many delays in the case. Clarke replied that his office wanted to make sure that their case against Whilby would withstand any later motion to appeal a verdict. Nancy asked about the seemingly interminable hearings: “When does it stop?” Clarke gave no clear answer, saying, “I understand your frustration, but we want to make sure justice is served thoroughly and securely.”

Nancy had made it clear that she wants no plea bargain cut with Whilby attorney Laura Miranda, but instead wants the case against Whilby to go to trial with him facing the highest count of murder in the second degree.

Outside the court house, Nancy and her family joined Richard Davis and other MaBSTOA officers and members in this video appeal for union members to tie red ribbons from Mothers Against Drunk Driving (MADD) – on their vehicles during his holiday season.