Man Convicted of DUI Sues Victim's Family Print
Thursday, January 19 2012

A man serving time for a 2007 DUI manslaughter charge now denies causing the crash and is suing the family of the now-deceased driver of the other car.

According to news sources, David Belniak has sued the estate of Ray McWilliams for more than $15,000, saying it was actually McWilliams who caused the crash by abruptly changing lanes.  In the lawsuit, Belniak claims the money is for medical bills, "pain and suffering," and "loss of capacity for the enjoyment of life."  Belniak was sentenced to 12 years in prison, where he remains.

Belniak’s attorney, Debra A. Tuomey, who is also his sister, said the government’s prosecution amounted to a character assassination and Belniak accepted a plea deal only to avoid risking getting a life sentence in trial.

In an interview with ABC News, Maureen M. Deskins, who is representing the estate of Ray McWilliams, could think of no tactical reason that might explain Belniak’s suit. There is an existing suit filed by the victims' relatives against Belniak.

“There aren’t any facts that support the allegation [Tuomey] is making,” Maureen M. Deskins, who is representing the estate of Ray McWilliams, said. “That’s why the victims’ family is breathless” at Belniak’s suit.

Six eyewitnesses said McWilliams was stopped a red light when Belniak, at 70 to 90 mph, and never veering or braking, rear-ended him, Deskins said.  The event data recorder in McWilliams’ vehicle showed it was not moving at the time of impact, she added.

—Source:  abcnews.go.com