Jefferson Siegel/New York Daily News Alan and Sofia Russo, the parents of Ariel Russo, felt the judge could have offered a harsher sentence if Franklin Reyes pleaded guilty. An unlicensed teen driver charged with fatally mowing down little Ariel Russo while fleeing from the cops last year was offered a reduced sentence by a judge on Wednesday.
The parents of the 4-year-old victim broke down as they heard 18-year-old Franklin Reyes would eventually have his record sealed and would get a light sentence of 16 months to four years in prison if he were to plead guilty in the manslaughter case.
Reyes was 17 when he was busted in the deadly crash after driving recklessly and trying to lose the cops, ultimately running over little Ariel and her grandmother Katia Gutierrez on June 4, 2013 at W. 97th St. and Amsterdam Ave., authorities said.
Manhattan Supreme Court Justice Gregory Carro called it a “difficult case” and said he weighed Reyes’ otherwise respectable personal history with his alleged role in the tragedy.
“Although the horrific consequence, not heeding to the police orders to pull over, are grave … weighing in all the factors I do think youthful offender treatment is appropriate,” Carro said.
“However, based upon his total disregard of (driving rules) jail time is also appropriate,” the judge added.
Prosecutors and the girl’s family vehemently opposed the special classification, meant to help young first-time offenders by clearing their record after they serve their time.
They wanted him to do the max for manslaughter — 15 years behind bars — and for him to be treated as an adult offender.
“What upsets me the most… is he would not have this on his record like it never happened, like he never killed Ariel, like he never ruined my mom’s life, our lives,” said Sofia Russo, the girl’s heartbroken mother.
“How can this just be wiped out?”
She said her family was “dreading” the possibility that Reyes would get the special status but said she was partly pleased with the judge requiring him to serve jail time.
“Hearing the judge say jail time is appropriate — I felt like that was justice,” she added.
The victim’s father, Alan Russo, was still teary and angry after the proceeding.
Courtesy Russo Family Ariel Russo, 4, was killed along with her grandmother after being struck by Franklin Reyes, who is accused of driving recklessly and speeding. “There’s nothing I can do!” he railed outside the courthouse. “It’s never in my hands.”
Before the ruling, prosecutors told the judge that Reyes has been behind the wheel illegally and driving recklessly since age 15 and had a Facebook exchange with a friend bragging about how they’d get to the beach in an hour “if I’m driving… because I’m going 80/90 miles per hour.”
“(Reyes) has been repeatedly committing a crime. The fact that he didn’t get caught until now is why we’re having this discussion about youthful offender,” Assistant District Attorney Vera Varshavsky said.
Reyes’ attorney, Martin Schmukler, said his client will live with the memory of what he did forever.
“I don’t think he should go to jail. He’s suffered enough and he’s going to continue to suffer no matter what,” Schmukler said.
The case was adjourned to July 30, when Reyes could accept the offer. Schmukler said his client and the teen’s family would mull it over.
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