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Teen Driver Who Killed 4-Year-Old Ariel Russo Could Be Sentenced as Adult

By Emily Frost | July 31, 2014 8:44am
 The teen could be tried as an adult, meaning an extended jail sentence. 
Franklin Reyes' Youthful Offender Status in Jeopardy
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SUPREME COURT — Amid new accusations that he stole thousands of dollars in property from a dead woman’s apartment, the teen driver who killed a 4-year-old girl could have his youthful offender status revoked, meaning more jail time and a permanent record, a judge determined Wednesday.

Franklin Reyes, 18, was driving without a license when he lost control of his SUV on Amsterdam Avenue on June 4, 2013, killing Ariel Russo, and since then her family has steadfastly demanded that Reyes serve the longest possible sentence.

“I want him to pay,” said a tearful Alan Russo, Ariel’s father, outside the courthouse Wednesday.

Under the youthful offender status previously offered by Manhattan Supreme Court Justice Gregory A. Carro, Reyes, who was 17 at the time of the crash, would have served 15 months to 4 years if convicted of manslaughter and would have had his record sealed.

But after learning Wednesday that Reyes is accused of helping his father steal items, including wine and a Nikon camera, from a Chelsea apartment, Carro said he was considering revoking Reyes' youthful offender status and charging him as an adult. That would mean Reyes could face 5 to 15 years in prison. The alleged theft took place on June 5 — one day after the anniversary of Russo's death.

Reyes is accused of stealing "a watch, over one thousand dollars’ worth of jewelry, shoes, over one thousand dollars in cash, and wine," that were discovered missing from the apartment of a woman who had been dead for at least three months, according to a criminal complaint from the Manhattan District Attorney's office.

Reyes’ father is the super of the building, said Assistant District Attorney Vera Varshavsky, and was seen leaving the apartment with a bag and a box of alcohol, while Reyes carried out the camera, according to the complaint.

“The fact that the defendant got rearrested…with your honor’s offer of youthful offender status…It’s even more egregious,” Varshavsky said in court Wednesday.

But Martin Schmukler, Reyes’ lawyer in both cases, said he didn’t “expect the charges to survive at all,” and called them “fraudulent.”

He told Carro that Reyes never entered the apartment in question and that to be seen with stolen property and to jeopardize his father’s livelihood would be stupid.

“It does seem like a pretty weak case as to this defendant,” Carro said in response.

Despite his doubts, Carro said he would wait to see if Reyes was indicted by the grand jury for larceny to consider whether Reyes should still be considered a youthful offender and whether he’d violated his bail terms. Varshavsky said the grand jury’s decision was expected next week.

Carro ordered Reyes back to court Aug. 8 and warned Varshavsky to “make sure you have all the facts.”

Schmukler did not think Carro would withdraw his offer of youthful offender status.

“He didn’t commit a murder. He was driving to school,” said Schmukler outside the courthouse.

Reyes will be ready to enter a plea in the case next month, Schmukler added.

A lawyer for Sofia and Alan Russo, Scott Rynecki, said the family was happy the judge was reconsidering the length of the sentence.

As to whether Reyes has expressed any remorse to the family, Alan Russo said simply: “It doesn’t matter if he has or not.”