Crime & Safety

James Ryan Sentenced, To Face 'Man in the Mirror'

New Hyde Park man received the expected sentence of three to nine years for the second degree manslaughter count in fatal Wantagh DWI crash.

James Ryan of New Hyde Park, who to second degree manslaughter and other charges in the death Dix Hills' 19-year-old Matthew Scarpati two years ago on the Wantagh State Parkway in a drunk driving accident, was sentenced to three to nine years in prison upstate on Wednesday for the manslaughter charge. He was also given prison time for five other related charges.

Nassau County District Attorney Kathleen Rice recommended the maximum sentence of five to 15 years, but Ryan had a plea bargain which involved a sentence of three to nine years that Judge Jerald S. Carter upheld.

Before receiving his sentence, Ryan listened to Christopher and Lynn Scarpati, Matthew's brother and mother, describe Matthew's impact on their lives. Christopher called Ryan "a waste of life" and noted that his "Old Testament" mentality leads him to believe that Ryan deserves a death sentence. Christopher added that hopefully people will be charged with murder in similar future incidences.

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Christopher also relayed how he lies awake at night wondering if his brother suffered before he died and that he feels guilty as Matthew's older brother for not being there to protect his younger brother.

Lynn talked about her son who made sure that she finished a 12-mile race by riding beside her; she also called Matthew a "gift from God." She added how on July 20, 2009, the day Matthew died, she "lost the best job of her life -- being Matt's mom."

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When talking about her son's death, Lynn said she didn't need to wait for the autopsy report to know how violent her son's death was. In an evidence bag, some bloody dollars from Matthew's pocket and his iPhone were returned to the family.

"We have a student loan but no student," Lynn said.

Lynn also mentioned how when Michael Jackson died, she and her son picked up one of his CDs because Matthew wasn't as familiar with the music. Judge Carter referred to the song "Man in the Mirror" when he explained how he came to decide on Ryan's sentence saying that Matthew, like the song's lyrics, was "a victim of a selfish kind of love" when he was hit and killed by Ryan while changing a bicycle tire on the bike path of the Wantagh Parkway near . Carter also used that song's lyrics to remind Ryan that he needs to change his ways.

Matthew's father James Scarpati was the last family member to speak at the sentencing and he asked for a sentence that was fair, just and results in the protection of society. He also asked that the day that Ryan be allowed to get his driver's license back be pushed as far back as possible. Carter noted that Ryan is eligible for his license in six months, which will then be reviewed by the court.

After the Scarpatis spoke, a photo montage set to the Josh Groban song "You Raise Me Up" was played, showing Matthew with his family and friends, at his school, at Disney World, at SUNY Buffalo, playing soccer and riding his bike. Some of the last images in the montage were of events in Matthew's memory and his gravestone.

Ryan's attorney, Edward Galison, said during the sentencing hearing that Ryan will live with what he's been told he did for the rest of his life. Ryan has no memory of the accident. According to the District Attorney's office, Ryan was driving a Harley Davidson motorcycle between 85 and 100 miles per hour when he hit Matthew Scarpati and Ryan had a blood alcohol level of .10 when he was tested two and a half hours after the accident.

to stand trial was challenged but he was determined to be competent in January.

Galison conveyed Ryan's "sincere, heartfelt feelings" for the Scarpatis during the sentencing hearing. Ryan did not address the family.

The summer 2009 fatal accident prompted calls by local elected officials including State Sen. Charles J. Fushillo Jr., R-Merrick, and Assemblyman David McDonough, R-Merrick to have the Department of Transportation install a guardrail along the Wantagh Parkway bike path near where the tragic incident occurred. A for the Wantagh Parkway guard rail project attended by members of the Scarpati family took place on June 6, 2010.


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