Massachusetts Man’s Family Outraged at Delay in Justice after Drunk Driving Car Accident Left Him Severely Disabled

The family of a man who was left severely disabled after being hit by an allegedly drunk driver while he was on the job is speaking out about the significant delay in justice they have faced in the criminal case against the woman who injured him. According to local news reports, NBC 10 Boston, six years ago, in November of 2018, then 38-year-old Kesnel Belony was just doing his job delivering food near South Station in Boston on a scooter when he was hit by an allegedly drunk driver. Mr. Belony was severely injured in the accident as he suffered brain damage and was in a coma for four months, according to members of his family. Mr. Belony’s cousin, Dinie Okonkwo, said of his condition, “After two months the doctor told us that he was brain dead and we have to make a decision about his life…They said he would never walk again, he will never speak again and he is going to spend the rest of his life with a trach, a feeding tube. He beat all the odds.” Mr. Belony was formerly an active father of his two children. Mr. Belony said of the accident and his ensuing disabling injuries, “It is bad. I can’t see my daughter. I can’t see my son.”

Meanwhile, the criminal trial of the woman that hit Mr. Belony, Marcella Castiello, who is now 38-years-old, has been repeatedly delayed and rescheduled. Mr. Belony’s attorneys stated, “We were told by the Suffolk County DA’s office that it was continued yet again because of a lack of judges…The last time it was continued approximately 6 months ago we were told the reason was that certain witnesses were unavailable. Every time it’s continued, we seem to get a different excuse.” In addition, the Suffolk County District Attorney’s office said that the trial had been delayed due to motions from Ms. Castiello. This is a common strategy in criminal defense cases, which leaves Mr. Belony’s lawyers thinking that “The most obvious strategy in a case like this is to delay over and over again…The longer it goes on the more likely it will be dismissed.”

Importantly, according to the police report in Mr. Belony’s case, Ms. Castiello “…smelled like alcohol, had glassy, bloodshot eyes, and slurred her words.” A breathalyzer test also determined that Castiello’s BAC was above the legal limit. Ms. Castiello’s driver’s license was suspended because of the accident, and she is not permitted to drive until the resolution of the pending case. However, for now, all Mr. Belony and his family can do is wait for the trial, which has been now postponed to September of this year.

If you or a loved one were injured in a car accident in Ventura, contact the experienced Ventura car accident lawyers at Zavala Law, PC to speak to a lawyer about your rights and options today.

Source:

nbcboston.com/news/local/family-of-man-injured-in-drunk-driving-crash-has-been-waiting-years-for-justice/3364641/