Lockport Union-Sun & Journal Online

April 8, 2014

Three charged under Leandra's Law

BY JOE OLENICK
Lockport Union-Sun & Journal

Lockport Union-Sun & Journal —

Two city people and a Wilson man are facing Leandra's Law charges after being arrested recently by the Niagara County Sheriff's Office and Lockport City Police.

Leandra's Law, or the Child Passenger Protection Act, is a New York state law making it an automatic felony for a first offense of driving drunk with a person age 15 or younger inside the vehicle.

Lockport Police said William Robinson, Jr., 35, 117 High St., failed to signal when he made a turn at 2:10 p.m. Friday on John Street. Officers found there was an outstanding warrant for Robinson's arrest, so he was taken into custody without incident.

But while speaking with Robinson, police determined he was drunk. Also, there were two passengers in his vehicle, a 2-year-old and a 14-year-old.

So, Robinson was charged with driving while intoxicated, felony aggravated driving while intoxicated and two counts of endangering the welfare of a child.

Earlier that day, a city woman was charged after the vehicle she drove was involved in a rollover crash at Massachusetts and LeVan avenues. City firefighters got Misty Brabon, 33, 50 Utica St., and three children, ages 4, 10 and 14, out of the vehicle, which flipped onto its side.

Brabon was charged with driving while intoxicated, felony aggravated driving while intoxicated and three counts of endangering the welfare of a child. She and two of the three children reportedly suffered minor injuries.

Brabon was charged with driving while intoxicated, felony aggravated driving while intoxicated and three counts of endangering the welfare of a child. She was also charged with speeding and improper lane use.

In Wilson, David A. Milczarski, 31, 5199 Wilson-Burt Road, was charged Friday with driving while intoxicated, endangering the welfare of a child, driving on the shoulder, failure to keep right, resisting arrest, second-degree obstruction of governmental administration and aggravated driving while intoxicated with a child passenger under the age of 16.

At just before 8:30 p.m. Friday, a Daniels Road woman was reportedly driving behind Milczarski who was swerving and abruptly braking. When she tried to pass him, Milczarski allegedly tried to run her off the road, according to the arrest report from the Sheriff's Office.

The woman reported that while at a stop sign at the Upper Mountain and Lockport Junction roads intersection, Milczarski got out of his vehicle and approached her. He reportedly told her to "turn your lights off" and threw beer cans at her vehicle.

Deputies tracked Milczarski down at just before 9 p.m. Friday night, traveling west on Wilson Burt Road. He allegedly drove on the shoulder of the roadway and crossed the double yellow line multiple times for no reason, deputies reported. Milczarski was pulled over on Young Street, although he did not stop for at least half a mile after deputies activated their emergency lights, the report said. In the vehicle was a 13-year-old sitting in the backseat.

Deputies determined Milczarski was drunk and he struggled with them during the arrest. He reportedly took off running, heading west on Young and then northwest through the backyards of homes. Deputy Patrick Tighe found Milczarski on Seminary Street.

Milczarski was arrested at 9:20 p.m. and taken to Niagara County Jail in lieu of $750 bail. The Sheriff's Office said a chemical test reported a .15 percent BAC for Milczarski.

Further charges may be pending against Milczarski concerning the incident on Lockport Junction Road, the Sheriff's Office said.

The Leandra's Law bill was unanimously passed by state lawmakers and signed into law by Gov. David Paterson on Nov. 18, 2009. That was a month after Leandra Rosado, 11, was killed in New York City on when her friend's mother, Carmen Huertas, flipped the car they were in while under the influence of alcohol.

Contact reporter Joe Olenick at 439-9222, ext. 6241 or follow him on Twitter @joeolenick.