03/16/2005

Niskayuna man pleads guilty to 1 count of negligent homicide

GLENN GRIFFITH , The Saratogian

 

BALLSTON SPA -- A Niskayuna man six days shy of his 19th birthday pleaded guilty Tuesday in Saratoga County Court to hitting and killing bicyclist David Ryan with his car last June.

Joshua Paniccia of Lynwood Drive will be sentenced on June 6 to one to three years in state prison on one count of negligent homicide, a felony.

Paniccia was driving a 2002 Nissan Sentra at more than 80 mph in a 40 mph zone at 7:30 p.m. on June 29 when he hit Ryan on Riverview Road in Clifton Park.

Paniccia claimed he was trying to catch up to his friend, Saratoga County District Attorney James A. Murphy III said.

Ryan, 32, also of Niskayuna, was a physicist with General Electric.

This is the first plea of its kind in Saratoga County involving no alcohol, no drugs, high speed and a fatal crash.

'Mr Ryan was in no way responsible for any wrongdoing here,' Murphy said. 'He was blindsided. He died instantly.'

He said he's been in contact with Ryan's family in England.

'I hope that this sentence sends a message that there are tough consequences for road racing and speeding in Saratoga County and violators will go to state prison.'

Paniccia was originally charged with one count each of manslaughter and criminally negligent homicide. Had he gone to trial, the maximum sentence for the charges could have been 15 years in state prison.

His attorney Charles Wilcox said his client decided to plea to the lesser charge, 'in light of his age and the charge.'

'He is accepting responsibility for the charge,' Wilcox said. 'It's not a happy day for either family. He is accepting the situation and moving on. He has remorseful feelings toward Mr. Ryan.'

The defendant may be granted youthful offender status by Judge Jerry J. Scarano at the June sentencing.

That would mean the time served in prison would not be shown on Paniccia's record after his release.

Through Murphy, Ryan's family said they view the sentence as only a token.

'Any less would cause us considerable grief,' they said.

Several of Ryan's fellow cyclists who have been intently following the case were in the court room to hear the plea.

Walter Cicha, who has been the most outspoken, said, 'You can't come out of here with a good reaction. Someone is going to prison. Parents have to take more responsibility for their kids. This was preventable and a bloody shame.'