DUI driver who killed family in crash sues victims for mental anguish

David Belniak had alcohol, Xanax and evidence of cocaine in his system and never braked when he slammed into the back of a family's car stopped at a red light on Christmas Day 2007. Three people died. In August, Belniak pleaded guilty to three counts of DUI manslaughter and was sentenced to 12 years in prison. He never said a word in court, not even when the victims' children begged him for an apology. But he is voicing his opinion now. He's saying he's not responsible for the crash. And he wants to be paid for his suffering.



Last month, Belniak's attorney filed a lawsuit against the now-deceased driver of the other car, alleging the crash was the victim's fault. Attorney Debra A. Tuomey, who is also Belniak's sister, said the Florida Highway Patrol's investigation of the case was a "government sanctioned assassination against one individual. Mr. Belniak is simply seeking to disclose the truth," she said. The suit asks for the victims' relatives to pay Belniak, 38, for his "pain and suffering … mental anguish … loss of capacity for the enjoyment of life" and the medical bills he got as a result of a crash he pleaded guilty to causing.

"This is ridiculous," said Georgette DeFranco, 48, a relative of the victims. "You caused it. You accepted guilt. How can I or anybody in this family be responsible for your injuries?" DeFranco lost her mother, Linda McWilliams, 66; her sister, Denise Bassi, 50, and her brother-in-law, Gerard Bassi, 51, in the crash. DeFranco's stepfather, Ray McWilliams, was injured but survived. Family members said he never fully recovered and he died last March at age 68.



Belniak had a history of driving infractions. He'd faced DUI charges twice before. One of those times, in 2003, New Port Richey police searching his Ford Mustang found a gallon of the intoxicant GHB, commonly known as the "date rape" drug. Belniak served 17 months in prison after pleading no contest to trafficking the drug. In 1994, Belniak hit and killed a pedestrian on U.S. 19 near Fivay Road. The woman later died. Belniak was not charged. Belniak's lawsuit against the estate of Ray McWilliams asks for more than $15,000 in damages. It claims McWilliams was in the left turn lane and "because of his sheer negligence" McWilliams abruptly changed lanes, "making it impossible" for Belniak to avoid the collision.