18 months for killing 11 people
BY JOHN MARZULLI
DAILY NEWS STAFF WRITER
The pilot of the deadly Staten Island ferry disaster quietly accepted his punishment yesterday - 18 months in prison for killing 11 people in one of the deadliest maritime accidents in the city's history.
Appearing before many relatives of the dead, former Capt. Richard Smith made no excuses and asked for no leniency.
"I was at the wheel. I am responsible. I failed in my responsibilities to my ferry passengers and I stand ready to accept the consequences," Smith told Brooklyn Federal Judge Edward Korman.
Smith, who was exhausted and secretly on a combination of preion drugs when he fainted at the helm of the Andrew J. Barberi on Oct. 15, 2003, had pleaded guilty to 11 counts of manslaughter.
Federal sentencing guidelines called for Smith to receive 12 to 18 months - hardly enough in the minds of many of the victims' relatives who pleaded with the judge to impose a stiffer sentence.
Prosecutors contended that Smith's actions were reckless but Korman found that the captain was merely negligent - a distinction that reduced Smith's possible prison time in half.
The judge also gave the city's former ferry director, Patrick Ryan, one year and a day in prison for failing to enforce the city Department of Transportation's two-pilot rule, which might have prevented a crash.
The sentences were still considerably more than the three months for Smith and six months for Ryan that was recently recommended by a top probation official.
But the judge noted that heavy prison sentences are not called for in cases involving negligence. "These people did not intend to kill," Korman said.
The sentencings were the climax of months of legal wrangling among the judge, prosecutors and defense lawyers - revealing how the Staten Island ferry was plagued by nepotism, poor supervision and mismanagement at the highest levels of the DOT.
Reading from a typed statement, Smith said he wanted to explain the events leading up to the crash in the hope that "the more you know the better you might be able tocontinue healing."
Smith, 57, was plagued by a nagging backache and was tired because of a lack of sleep from baby-sitting his infant grandson when he arrived for work that fateful day.
"My decision to work through the pain and exhaustion set this whole nightmare into motion," he said. "My responsibility to my passengers should have told me to go home."
It remains a mystery why Smith blacked out - the judge ruled prosecutors failed to prove it was linked to the meds he was taking. After the horrific crash, Smith saw the carnage and "I felt I could not live with myself."
"I went back to the upper deck, removed my watch and cut open my wrist as deeply as I could," he said. "When that did not work, I went home ... I kissed [my daughter and grandson] goodbye and sent them to my sister's house. I then spoke to my wife on the phone, told her I loved her and that I was sorry and hung up."
He continued, "I then locked myself in the bathroom and shot myself twice in the heart. ... I now know that was the easy way out."
Smith's complete acceptance of responsibility and desire to explain his actions, including his suicide attempt after the accident, moved the judge to call him "a broken man."
Several relatives of the dead, who earlier had slammed Smith in heartrending victim impact statements, said they believed he was truly remorseful.
"He's the only one taking responsibility, everyone else has tried to place the blame somewhere else," said Christine Santoro, whose brother John Valinski was killed.
Others made it clear that there would never be closure.
Valinski's family told the judge how the crushing injuries prevented an open coffin or even the chance to identify his body.
"All they showed in the casket was the tattoo on his arm. The rest was covered with linen," said niece Angela Loverro.
Jessica Bagarozza, 12, whose father, Joseph Bagarozza, was killed, told the courtroom of her memory of her dad.
"My dad was a great man," she said. "He may not have been rich, but he was rich in his love of his family."
Ryan and Smith will surrender to the facilities designated by the U.S. Bureau of Prisons on Feb. 21.
In their words
Excerpts from victim impact statements made yesterday by relatives of those killed in the Staten Island ferry disaster:
"My youngest son, Brian, four days after the tragedy, turned 10 years old. He was supposed to go to the Yankees World Series game for his birthday with his dad and brother, but instead he attended the wake of his dad."
"I know in my heart that no matter what the sentence will be, or how much time Mr. Smith serves, he is the luckier person than my children, myself or my husband because Mr. Smith gets to go home and be with his wife, his children and grandchild. But for myself, I'll leave here today and I still won't have my husband, and my children their father."
Kathleen Healy, widow of John Healy
"You will never know the pain and suffering my family endures on a daily basis. The day my mother changed the showerhead, she swore she could hear him say, 'Good girl, you were paying attention.'"
Tara Canini, daughter of Pio Canini
"My husband and I are not the same people we were before Vincent's death. My heart aches for Vincent. I cannot express how much I miss him."
Michelle Ferrante, mother of Vincent Ferrante
"He loved the holidays. Now every holiday and birthday starts with a visit to the grave. On New Year's Eve we took confetti to the grave."
Deborah Palamaro, sister of John Valinski
"My brother is gone. He's dead. Somebody has to pay."
Ebony Marshall, sister of Darius Marshall
Originally published on January 10, 2006
