Pena Court Date Postponed to July 14; Transit Workers Frustrated by Slow Pace of Prosecution

In court before the brief hearing, (l-r), standing, William Pena's widow, Nancy Rodriguez, MTA CTO Stephen Vidal, OA VP Brian Clarke, and OA Div 1 Chair Richard Davis
In court before the brief hearing, (l-r), standing, William Pena's widow, Nancy Rodriguez, MTA CTO Stephen Vidal, OA VP Brian Clarke, and OA Div 1 Chair Richard Davis

WEDNESDAY, JUNE 18 -- TWU members showed up in force to Part 32 of New York County Criminal Court only to find yet another delay in the Peoples' case against Dominic Whilby, who killed Bus Operator William Pena in the early morning hours of February 12th when he drove a delivery truck into Pena's M14 crosstown bus.

TWU Local 100 Recording Secretary LaTonya Crisp Sauray expressed the union's anger at the slow pace of the proceedings to the Assistant District Attorney in charge of the case. In a conversation with Sister Crisp-Sauray and OA Division 1 Chair Richard Davis, the ADA said that he expected matters to be sorted out by the next court date, July 14th. He also said that there were questions as to whether Whilby's crime would bear the weight of his most serious charge -- murder in the second degree. If the court determined that the evidence does not support that charge, in that Whilby did not intend to kill Pena when he drove his truck in a drunken stupor into the bus, the lead count would be aggravated vehicular manslaughter, which carries with it a sentence of between eight and two thirds and 20 years in jail.

There are multiple additional charges pending against Whilby as well, along with a civil suit which seeks damages from the adults and establishments which contributed to the drunken joyride that ended William Pena's life. Brother Davis told the District Attorney's office that both the union and management are united in seeking the harshest penalty and a swift prosecution for Pena's killer. The MTA sent Stephen Vidal, the Authority's Chief Transportation Officer (CTO) to the court hearing. Like the many TWU officers and rank and file who showed up, Vidal waited in court until Judge Gregory Carro granted the request for postponement until July 14 and then left the courtroom.