DWI killer gets max

The Valley Stream man who drove drunk and killed a 21-year-old college student will spend at least the next seven years in jail. Persi Esquivel, 47, was sentenced to the maximum 7 to 21 years on Oct. 29 by Supreme Court Judge James McCormack.

Jason Shein of Levittown was killed when Esquivel slammed into his car on Conklin Street in Farmingdale last Nov. 30. Three of Shein’s friends, who were passengers in the car, were injured.

Esquivel, who had a blood alcohol level of .24 percent — three times the legal limit — was driving his Ford Explorer eastbound when he crossed the double yellow line and hit Shein’s 1998 Chrysler Sebring head on. There were some estimates that Esquivel was driving as fast as 80 mph. Shein, a University of Miami student, was home for Thanksgiving break and only hours away from taking a flight back to school.

Esquivel had been convicted for driving while intoxicated in 2006, and was ordered to have an ignition interlock device installed in his car. To get around the requirement, however, Esquivel transferred ownership of his vehicle but continued to drive it. McCormack said he had no doubt that Esquivel continued to drive drunk after his first conviction. “Sadly, you weren’t caught before you killed one person,” the judge told him.

Nassau County Assistant District Attorney Maureen McCormick, who prosecuted the case, said Esquivel’s actions were deplorable. “Persi Esquivel was not like any other driver on the road that night,” McCormick said. “Mr. Esquivel was on notice. He had a problem with drinking and he could not drive his car. He had no license and he drove anyway. He simply didn’t get it.”

McCormick called for Esquivel to receive the maximum sentence, as did many of Shein’s family members and friends who spoke at last week’s sentencing.

Betsy Shein, Jason’s mother, spoke of the pain Esquivel has caused her family. “He defied our laws. He could have killed all four boys,” Shein said. “Because of this man not learning from his mistakes, he needs to be taught differently.”

She described Jason as an “exceptional gift to our family,” explaining that, after having two daughters, she and her husband, Albert, decided to try for a son nine years later, and their wish came true. He was a pre-med student at Miami and worked near the school as an emergency medical technician. “I have a teacher, a speech pathologist and we were going to have a doctor,” Shein said. “He will be missing his sister’s wedding in April. His twin nephews will never get to know him as their uncle.”

Deena Shein, Jason’s sister, called for tougher penalties for DWI offenders. She said the punishments simply aren’t severe enough for people like Esquivel who take away someone’s life. The Sheins won’t just sit by and be another grieving family, she said. They plan to actively get involved in anti-DWI organizations such as Mothers Against Drunk Driving.

Michael Feldman, Garett Douglas and Eric DiGiovanni were in the car with Shein the night of the accident. The four, along with three other friends in another vehicle that was not involved in the incident, were returning from dinner at Applebee’s. McCormick said it was fortunate that not everyone in Shein’s car was killed that night, considering how horrific the crash was.

All three men spoke at the sentencing. DiGiovanni described his ordeal since the accident. He underwent seven surgeries at four hospitals in the weeks following the crash, he said, and still needs more operations. His life at college has been drastically altered, and he now travels by bus and elevator. “In a single moment,” he said, “my life completely changed.”

Douglas said his life has been empty since the death of his friend. Shein made him a better man and the world a better place, Douglas said. He had harsh words for Esquivel, the father of two girls. “I just hope one day your kids realize how pathetic and weak their father is,” he said. Douglas asked the judge to give Esquivel a long sentence so he would not have the chance to do this to someone else.

Dennis Lemke, representing Esquivel, said his client is very remorseful, and pleaded guilty because he acknowledged that there was no defense for his actions. Esquivel, who looked down throughout the proceeding, made a brief apology. “I am very, very, very sorry,” he said through an interpreter.

McCormack noted that he had received countless moving letters from people all over the country about the case, and said he had read every one. The judge added that the justice system tried to give Esquivel help after his first conviction. “Sometimes we’re successful, but, sadly, many times we’re not,” he said. “Unfortunately, people like yourself choose another path.”

Esquivel will be eligible for parole in seven years. McCormack said it disturbed him that Esquivel could be free before Shein would have turned 30. The judge expressed his hope that Esquivel stays in jail well beyond the minimum.

The top charge against Esquivel was aggravated vehicular homicide, a DWI-specific charge. He was the second person in Nassau County to be sentenced since legislation creating the charge was passed by the state Legislature in 2007, at the urging of District Attorney Kathleen Rice. The first to be punished was Sophia Santos, who killed Valley Stream resident Virginia Casazza Urgo on Hempstead Turnpike in Levittown in November 2007. She also pleaded guilty, and is now serving a 3- to 9-year sentence.

In addition to jail time, Esquivel was also ordered to pay more than $20,000 in restitution and fines.

McCormack said that the days of giving short prison sentences to people who drink, drive and kill innocent people are over. “I hope you find some solace in this sentence and some closure,” he told the Shein family. “I know it will never bring back your son.”