Former Newark police officer Luis Santiago sentenced to 5 years for DWI death
NEWARK, N.J. -- A former Newark police officer and his father, a lieutenant, were sentenced Wednesday for their roles in the death of a New Jersey nurse, who was struck and killed while walking on the Garden State Parkway.
As CBS New York found out, the victim's family forgave them.
Luis Santiago, 26, faced the parents of 29-year-old Damian Dymka and apologized for killing their son while driving drunk.
"I know nothing I say will ease the suffering, but I am truly sorry. I didn't mean this," Santiago said.
Andrzej Dymka responded by asking the judge for accountability, but also expressed compassion.
"I truly forgive, because accident can happen for every single one of us. But after accident, you grab the cellphone, 911 call ... and 'Please help,'" he said.
Prosecutors say it was 3 a.m. on Nov. 1, 2021, when Damian Dymka was walking on the shoulder of the Garden State near Exit 151 in Bloomfield. When Santiago struck him, he was off-duty and had been drinking at a bar, before getting behind the wheel of a car that belonged to his cousin, who was a passenger.
"If this incident had happened and ended there with attempt to render aid and call 911, we would probably still be here but under very different circumstances," Essex County Assistant Prosecutor Adam Wells said. "There was no concern for the humanity of the young man who is dying in the street. There was only concern for protecting himself, covering up his wrongdoing."
The court heard that instead of calling 911, Santiago panicked. He and his cousin put Damian Dymka's body into the back of their car and left the scene, then brought it back later.
Meanwhile, court documents say Santiago called his father, a lieutenant also named Luis Santiago, saying he may have hit someone.
"As soon as he found out, he told his son, 'You have to go back to the scene. You can't leave the scene of an accident,'" defense attorney Frank Arleo said.
Prosecutors say his father first went to the scene and then reported the crime. A grand jury indicted him on charges, including hindering prosecution by providing false information to the police.
On Wednesday, Lt. Santiago was sentenced to two years of probation.
His son, Officer Santiago, who was previously indicted on 16 charges, was sentenced to five years in prison.
His cousin was placed in pretrial intervention.
A plea deal was negotiated, prosecutors say in part, so the victim's family could avoid having to relive the pain of a trial. Damian Dymka's father said everyone has suffered enough.
"Pray for them. Wish them good luck. And I hope this boy will be back to society like a completely different person," Andrzej Dymka said. "Whatever the sentence ... my pain is still the same. I have only one son, only Damian."
