Family and friends of a Whitestone man killed by a drunken driver were outraged yesterday when his killer “legally got away with murder” and walked out of Queens Criminal Court a free man.
“What’s probation? It’s a joke!” yelled Debbie Kallas, 37, in an emotional courtroom outburst to Judge Stephen Knopf, shortly after he accepted the plea bargain from drunken driver Michael Carillo, 22.
As part of the guilty plea, Carillo was sentenced to three years’ probation, a $1,000 fine, and 20 days of community service.
Carillo was driving drunk and arguing with his girlfriend because she didn’t think he found her attractive, when he hit and killed Michael Kallas, 32, on Sept. 29, 2002 on 26th Avenue, a half-block from the victim’s home.
Driving while drunk is a misdemeanor, not a felony, and the maximum punishment is one year.
The DA could not prove Kallas was speeding or swerving, and therefore couldn’t charge him with vehicular homicide, which carries a possible seven-year sentence.
The victim’s wife of 17 months blasted the system that set her husband’s killer free.
“I wanted him to at least serve some time,” Caroline Kallas said outside court. “He’s getting off scot-free. He legally got away with murder.”
The judge said he “agonized” over the case, but felt he had to accept the plea because of Carillo’s clean record and genuine remorse.
“I understand your point, how there’s two sides, I can respect that,” the victim’s brother John Kallas III, who flew in from Florida for the court date, told the judge. “But don’t let him walk away! Give him something!”
Despite the family’s pleading, the judge was unswayed.
“I believe that he’s got a life sentence,” he said. “He’s got to live with the guilt of this.”
The victim’s wife, sisters, father and grandmother stormed out of court, too upset to listen to Carillo’s apology. Only brother John stayed to hear the teary speech.
“I’m in jail right now in my head,” a sobbing Carillo said. “I would do anything to take it back.”
His wife said Kallas was vehemently opposed to drinking and driving. She carried his key chain that read: “If I get drunk and shouldn’t drive, take these keys and keep me alive.”