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Severely injured survivor of Queens DWI hit settles BY JOHN MARZULLI DAILY NEWS STAFF WRITER Diana Reyes worries for son, Angel, who survived 2004 DWI hit. A Queens boy severely injured by a drunken driver in an accident that spurred tougher penalties for DWI killers will get $2.5 million in a lawsuit settlement, the Daily News has learned. Angel Reyes was 12 when he and his best friend, Vasean Alleyne, were mowed down Oct. 22, 2004, in Kew Gardens Hills by a boozed-up boiler repairman driving his company van. Vasean, 11, died of his injuries. The driver, John Wirta, who had a 0.13 blood-alcohol level, was charged with only a misdemeanor - prompting Vasean's Law, which makes it easier for prosecutors to bring felony charges against drunken drivers. "This settlement was important to give economic security to Angel Reyes for the rest of his life," said family attorney Sanford Rubenstein. "But more important is the tragedy resulted in breaking the gridlock in Albany thanks to two courageous mothers [of the victims] so that DWI with injuries or death is now a serious felony in New York," Rubenstein added. Wirta, 58, spent only 38 days of a 60-day sentence behind bars and last spring was cleared to get his driver's license back. A spokesman for the Department of Motor Vehicles said on Friday that Wirta currently does not have a license. Angel was in an induced coma for four days after the accident and doctors had to implant a shunt in his head to relieve the swelling around the brain. Now 14, Angel still walks around with the shunt inside his body, snaking from his head to his abdomen. Complications are a daily fear. "Whenever he tells me he has a headache, I freak out and we have to run to the emergency room," said his mother, Diana Reyes, an FDNY medical technician. She said Angel is in the ninth grade, still attends weekly counseling sessions and misses Vasean dearly. "I'm glad the settlement is over, it's closure, but I don't think I can ever forgive [Wirta] for what he did," she said. Diane Reyes also expressed thanks to The News for spearheading the Save a Life, Change the Law campaign to toughen the DWI law. Wirta's employer, Commercial Combustion Service and Installation Corp., will pay the settlement, which includes a $1 million deposit in an annuity fund, which is expected to yield $3.9 million for Angel in his lifetime, Rubenstein said. Queens Supreme Court Justice Martin Ritholtz approved the agreement on Sept. 7, according to court records. Vasean's mother, Monique Dixon, reportedly reached a settlement with the company as well, but the terms of the deal are confidential.
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