Under a controversial plea deal, a young Hamburg woman will spend six months behind bars and five years on probation for a deadly hit-and-run in July 2014. That driver was sentenced Tuesday in Erie County Court
Ashley Sawicki, 22, wept as she apologized in court for her actions on Big Tree Road on the night of July 15, 2014. She was driving after an evening of drinking with her mother, who was riding in the car as a passenger. She struck Jennifer Stillman Martello, who was walking along the roadside, got out of the car to observe her, then got back in and drove off. Martello died the next day.
Speaking in court before sentencing was Sam Martello, the widower of the victim. Looking at Sawicki the whole time, Martello spoke of how his life was devastated not only by losing his wife but by the scrutiny of being the prime suspect for 82 days. During that time, he recalled, he lost his employment, home and custody of his daughter, who was taken by the victim's parents. The latter matter, Mr. Martello explained, was still being disputed in Family Court.
"I wasn't even invited to my own daughter's benefit," he said.
And yet, after giving Sawicki a firm talk, he finished by saying he forgives her.
"To get through this, I want to tell you that I'm going to be OK," Martello said in court. "I don't want your life to be ruined. I'm going to be OK."
The victim's father, Larry Spillman, was not so forgiving, telling Sawicki he's still too angry to forgive her.
"You left my daughter laying there, and I can't forgive that," Spillman said. "The only remorse you showed up until today was when you put on your Facebook page that you've got to spend $400 to fix your windshield."
Spillman also spoke to Sawicki's mother, Michelle Rubeck, who was out drinking with Sawicki on the night of the incident and riding in the car when the hit-and-run occured.
"Your mother should be standing right next to you, as far as I'm concerned," Spillman continued.
Rubeck was in court but seated during the sentencing. When Judge Sheila DiTullio spotted her, she ordered Rubeck to stand next to her daughter. While Sawicki cried during her apology, Rubeck spoke only a very soft "I'm sorry" when the judge asked if she had anything to say.
DiTullio was not impressed, and scolded Rubeck before issuing the sentence, which was the punishment called for under a plea deal entered in August.
"I can tell by the look on your face, you have no remorse," DiTullio said. "Your daughter's remorseful. You're not on trial but you're part of this."
Rubeck said nothing to her daughter and walked away as Sawicki was handcuffed and led away to begin her sentence.
DiTullio acknowledged Sawicki's previously clean record, with no arrests until this case. In addition to six months in jail and five years probation, Sawicki loses her driver's license and will be required to have an ingnition interlock in her vehicle throughout her probation. She was also ordered by DiTullio to make speaking appearances in front of high school and college students to share her case.
"As a condition of any sentence, a judge can impose whatever the judge believes justice demands, and that's Judge DiTullio's decision. Everyone has to respect it," said defense attorney Dominic Candino outside the courtroom.
