Charges Against Killer of William Pena Upped to Murder in the Second Degree; Bail Denied at NYS Supreme Court Hearing

Gabriella Pena, 17, talks to the press after court hearing that denied bail to the killer of her father
Gabriella Pena, 17, talks to the press after court hearing that denied bail to the killer of her father

Case 6 on the calendar for NYS Supreme Court Part 32 was called at 11:45, and the young defendant, Domonic Whilby, 22, was brought into court before a divided audience: transit workers and family of slain Bus Operator William Pena on the one side, Whilby’s relatives on the other. News cameras rolled as an Assistant District Attorney Randolph Clarke, Jr. detailed the commission of the crime: How Whilby, drunk, stole an 18,000 pound truck from the loading bay of the Dream Hotel at 5:22 in the morning, barreled down 16th street, ran a red light, struck  a light vehicle, ran another red light, struck a coffee vendor’s stand, then hit an M-14 Bus that was proceeding on a green light down 14th Street causing the death of the driver.

The ADA related how two separate blood tests taken at the hospital showed a blood alcohol level of .18 and .22, more than twice the legal limit. He called Whilby’s act “depraved and wanton,” opposing the defense attorney’s request for bail. He noted that the People now were upping the charge against Whilby from a manslaughter count to murder in the second degree. He said Whilby had no community ties in New York, that he was a flight risk, that bail should be denied because “in twelve hours, he killed one man and injured four others.”

Then the defense took its turn. Whilby’s attorney Harvey Slovis said that his client “is a wonderful kid with no criminal record. He has three rows of family here.” He said that Whilby, who sat quietly before the judge in a slate gray suit, had ties to a large family that supports him and should be granted bail. He said he felt certain that the People would accept a plea to manslaughter. He acknowledged the People’s point that Whilby had only come to New York 12 hours before the fatal incident but said he was staying here with a relative who was well-known.

“He came and went to a party. He got drunk. He went to a birthday party without the intent of committing any crime,” Whilby’s attorney continued. “True, he drank too much. True, a crime was committed. But this was a tragic mistake. When my client was first interviewed by police, his first statement was, “just let me die,” the attorney said, which meant Whilby wasn’t trying to evade responsibility.

But Judge Gregory Carro saw it differently. Speaking from the bench he noted that Whilby is facing an A1 Felony count that carries a possible life sentence. He said Whilby had no community ties in New York. And he saw his statement to police in a very different light: “His statement to the police was telling,” Carro said. “Saying ‘just let me die’ tells me that he doesn’t want to face these charges. And I think he’s a flight risk. I think remand [back into custody] is appropriate.” There was a sudden sharp burst of applause in the courtroom which sounded like a thunderclap as Pena’s family and fellow transit workers released the tension that had been building for hours.

The case was recessed until May 13th, and the family, along with attorney Sanford Rubenstein, went outside to speak to reporters along with the brothers and sisters of TWU Local 100.