2024-05-09 23:24:19
Nearly six years following an alleged drunken driver hit a Brockton, Massachusetts man and left him disabled, his family is still waiting for their day in court.
Kesnel Belony was delivering food in Boston near South Station when he was hit by a car and thrown from his scooter in November 2018. His cousin Dinie Okonkwo said he suffered a serious brain injury and was in a coma for four months.
“After two months, the doctor told us he was brain dead and we had to make a decision regarding his life,” says Okonkwo. She did not lose faith.
“They said he would never walk once more, he would never talk once more and he was going to spend the rest of his life with a limp, with a feeding tube. He beat all odds.”
Once an active father of two, 44-year-old Belony now uses a wheelchair, struggles with his speech and lives in a nursing home.
“It’s bad. I can’t see my daughter. I can’t see my son,” Belony said.
Get updates on what’s happening in Boston in your inbox. Subscribe to us News Headlines newsletter.
The criminal trial for the driver, now 38-year-old Marcella Castiello, has been rescheduled several times – initially because of the pandemic.
“We were told by the Suffolk County DA’s office that it was continued due to a lack of judges,” said Paul Baker, an attorney representing Belony. “The last time it was continued regarding 6 months ago, we were told the reason was that certain witnesses were not available. Every time it goes on, we seem to get another excuse.”
A spokesman for the Suffolk County District Attorney’s office confirmed the trial was also delayed by numerous motions from the defense.
“The most obvious strategy in a case like this is to delay over and over once more,” Baker said. “The longer it goes on, the more likely it will be dismissed.”
The police report from the night of the crash says the responding officer observed the driver smelling of alcohol, had glassy, bloodshot eyes and was slurring her words. Breath tests found her alcohol level was above the legal limit and surveillance video collected by investigators captured the impact.
“If it was Kisnel who hit that woman, he would have been tried and sentenced. We wouldn’t even be having this conversation right now – just to show you there is only one legal system in America, not for people who look like me and Kismel,” Okonkwo said. “It’s painful to talk regarding it. It hurts, it makes you angry, but what can you do. We just have to sit and wait and see if justice will be done.”
Castiello’s driver’s license has been suspended and he is ordered not to drive until the case is resolved.
The jury trial was supposed to take place this week, but was postponed once more until September.
1715298366
#Victim #Boston #drunk #driving #crash #waits #years #justice #NBC #Boston
