Whilby, Pena's Assailant, Gets Max from Judge Gregory Carro

MAY 2 -- Judge Gregory Carro, speaking forcefully and outlining the deliberate actions of Domonic Whilby in the killing of Bus Operator William Pena, sentenced Whilby to the max on each of the four counts on which he was convicted by a Manhattan jury. The judge sentenced Whilby to one year on the count of Reckless Endangerment, an A misdemeanor, two and a half to seven years on one count of Vehicular Manslaughter, a D felony, five to 15 years on one count of Manslaughter in the Second Degree, a C felony, and eight and a third to 25 years on one count of Aggravated Vehicular Homicide, a B felony. Because all sentences are served concurrently, this means that Whilby will serve between eight and a third to 25 years in jail, which in turn indicates that, after two-third of his sentence is served, he will be eligible for parole. That could come as soon as three years from now. Outside court, TWU Local 100 Secretary-Treasurer Earl Phillips forcefully asserted that the union will aggressively seek to have Whilby's application for parole denied when it comes up. And family attorney Sanford Rubenstein, also speaking in front of the court house to news media, said that his office has been in discussions with DA Cyrus Vance, the Union, and the Pena Family, to advance new legislation in Albany strengthening the rights of victims who are killed by drunk drivers, with the aim of making the offenses which Whilby committed carry a higher penalty.