Teen drunk-driver sent to jail for 15 months
(CNS): Eighteen-year-old Brooke Nowak has been sentenced to fifteen months in jail for causing death while driving under the influence of alcohol following a car smash on the Esterley Tibbetts highway earlier this year, when Fedaranne Faustino was killed. Nowak pleaded guilty to the offence and surrendered her bail in September, aware she was likely to receive a jail term. Justice Smith disqualified the teenager from driving for five years on Wednesday morning as he handed down the 15 month jail sentence. Noting the aggravating factor that Nowak’s blood alcohol level was 1.8 when the legal limited is 1.0, the judge also noted mitigating factors including the remorse shown by the defendant and that she did not intend to kill anyone. (Photo Dennie WarrenJr)
Fedaranne Faustino, who was 24-years old at the time of her death, was a passenger in the Honda Civic with which Nowak collided when she swerved into the opposite lane in her Toyota Land Cruiser in the early hours of the morning of 3August. The court heard there was no evidence that Nowak was driving dangerously or badly before the accident took place but that the crash was a result of her being under the influence of alcohol and driving her car into the path of the oncoming car.
The judge said that a custodial sentence was appropriate in the circumstances, not just to reflect the tragic death but to deter others from drinking and driving. However, Justice Smith discounted what would have been a three year sentence for the defendant’s early plea, her genuine sorrow and remorse and the fact that she was of good character with no previous convictions.
“Although there was a tragic loss of live we must not lose sight that the defendant did not intend to harm anyone,” the judge told the court. He noted the numerous character witnesses supplied to the court from the community on Nowak’s behalf, all of which indicated that the conduct surrounding this incident was uncharacteristic of the defendant and he did not believe she would be likely to offend again.
The judge said that Nowak’s time served since September will also count. The crown confirmed that it would not be appealing the sentence.
Category: Headline News
I would just like to say, to all those coments stating things like "it doesn't matter if its 15 months or 10 years, she will live with that torment for ever". That is the most rediculouse thing I have ever heard. It would make a massive difference! The main one being that others will think twice about drink driving! To me, this is just insulting. It is all about the message that this judge has sent out to the youth in Cayman, A youth which I am part of. I knew Brook too, and I do feel for the pain she must be going through, the whole ordeal is horrible. I also feel completely heart broken for the family of the deseaced: XXXX
I do hope Brook gets through this, im sure she is going to have some difficult times ahead of her.
Has anyone read ‘Crime and Punishment’ by Dostoevsky? If not, I suggest you do. I’m not going to say in what way it relates, because I’m not here to give an English lesson.
To all of you saying fifteen months isn’t enough. Why not? What will a longer jail sentence do? Taking away another girl’s life will not bring back the victim. Hard to imagine,I know; especially when vengeance is so tempting.
Setting greater punishments for crimes will not deter any new criminals. How I know? Because we still have crimes. People should not avoid doing things because of the threat of punishment, but simply because it is the right thing to do.
So, if you think that the punishment is unfair, imagine your freedom being taken away for a month. Now multiply that by fifteen.
but it’s all about having an appropriate set of consequences based on your actions… 15 months is certainly not adequate for taking the life of another.
so if you think the punishment is fair, imagine your child being ploughed down by some immature, irresponsible teen drunk drive and imagine the consequence being 15 months for the responsible individual. gonna say that’s worth it?
would your reaction will remain same if someone of yours was killed by this girl?
Several comments on here keep presenting the same "what if" scenario of it being the person’s daughter who had killed someone. As harsh as it may be, if my child killed someone because they chose to drive drunk then they must suffer the consequences of their irresponsible actions. Sure they are extremely sorry that they killed someone but no one made them drive drunk and "sorry" does not bring that person back. As a mother I try to teach my children right from wrong, sometimes they get it, sometimes they choose to detour from those teachings and do their own thing. If they choose to do their own thing that they must also be willing to accept the consequences of those actions.
She may be riddled with guilt for the rest of her life but what message did the judge send? As long as you "didn’t intend to harm anyone", you are truly sorry for what has happened, you confess immediately (which I don’t see how she could have pleaded not guilty) then it is okay to kill someone while driving drunk, it was an accident. Making the decision to get behind the wheel of a car while you are intoxicated is no accident.
If your car loses control on the road and you run into someone, that is an accident, you being drunk and therefore driving on the wrong side of the road is not an accident, that is your reckless inconsiderate behaviour and disrespect of human life.
For those who continue to comment about the fact that she is young and deserves a second chance to do something meaningful with her life, all those young people who are caught up with gangs and killed someone, then I guess they all deserve the same second chance eh? Theymade foolish, immature decisions too so let’s give them a chance too right?
Itis amusing that the judge took into consideration her "previously good character", I guess that was based on the fact that she had never been caught before so she was not previously arrested, charged, convicted or anything so that automatically gave her a label of "previously good character". I guess by law that is all he had to go by as everything else would be perhaps termed as "hearsay". What if the victim’s family had the chance to present people who could contradict that and under oath tell the judge that they had in fact seen this young person previously drunk and perhaps even driving drunk as well, would she still be considered to have a "good character?"
I seriously believe the only way to tackle this issue of driving drunk is to send the message that this illegal activity is taken very seriously and irrespective of circumstances, once you have taken a life due to drunk driving, there is a mandatory sentence of no less than 10 years and banned from driving (because a decision to drive while drunk shows that you don’t have the maturity to be on the road, you have no regard for human life). Ten years is not going to bring back the person’s life but I think if someone thinks about the possibility of spending 10 years in prison if they kill someone while driving drunk and they would be banned from driving forever, it would hopefully deter them from even taking the chance of driving just 100ft down the road while intoxicated.
DIDNT INTEND TO HARM ANYONE?
One of the judge’s comments on his decision in this young lady’s sentencing was that “Although there was a tragic loss of live we must not lose sight that the defendant did not intend to harm anyone,” forgive my ignorance but her making the decision to get behind the wheel while intoxicated is no different than someone going in a public place with a loaded firearm and it accidentally goes off and kills someone. The person with the loaded firearm didn’t have a premeditated thought of killing anyone but the mere fact of having a loaded firearm in a public place potentially made killing someone a real possibility. Similarly with Miss Novak, her irresponsible act of making the decision to get behind the wheel knowing she had a few too many was reckless and inconsiderate to the value of life.
As these things usually turn out the perpertrator never gets any injuries, it is usually some innocent person. Miss Novak will be able to go home to her family after 15 months (perhaps even less after they discount time served and all the other nonsense they consider) the other young lady will never be seen by her family again.
Some may think I am harsh and by the comments I have heard from a lot of people they seem to believe that because she is young, she deserves a chance to straighten up her life and move forward. Was the young lady who was killed given a chance? She didn’t have a chance.
I strongly believe that anyone who makes a decision to drive drunk and injures someone and worse killing them, automatic minimum 10 year s sentence. There is an automatic 10-year sentence for the possession of a firearm (meaning you didn’t have to fire it, you didnt have to shoot or kill anyone with it, just having it is 10 years) but she kills someone and all she got was 15 months and 5 years disqualification?
My heart goes out to the family of that young lady that was killed, she died senselessly because of the irresponsible actions of this teenager. She should have been taken off the road for 15 years.
you all are making it sound like as soon as Brooke gets out she is going to be living her life partying and stuff, what makes you think that her life will ever be the same after this? You guys are quickly to judge, I know brooke personally, and I for sure know she is a different person and the thought that she killed someone is killing her inside. She has fully disconnected from talking to ANYONE after this accident, she feels completely horrible. What makes you think that once she comes out she will be able to talk to people again? She probably thinks no one will talk to her, she feels alone, hated, and guilty. That guilt is going to live with her for the rest of her life.
Of course we all feel sorry for the family who lost the victim, i think everyone does, but at the same time, its not to say that the Nowaks have no remorse themselves. It wasn’t like Brooke was a waste of life doing nothing, she was going to school, and she was a bright girl. YEH she partied, so does everyone else. She was 18, she was finally legal, its not surprising that she was going to party. It wasnt like her to drink and drive, that was very rare, her parents are very strict with her, and im sure all of you can say you have driven drunk before so what makes you think that couldnt have been you? If it was you, wouldn’t you want the same treatment? Im sure you wouldn’t be complaining about the sentence either.
How long she goes to jail isnt going to change the fact that she killed someone, that is going to live with her for the rest of her life. So sentencing her for 10 years for instance, really just makes no difference. I’m glad that they are going to let her go early, so she can start living her life and start gettin her education again hopefully ( If she even feels to even doing that after this whoel thing), and trying to recover herself mentally. I think she is mentally scarred, and it will only take time for her to heal.
I do feel very sorry for the family and friends for their lost. & and i could agree how this sentence would quickly cause anger, but I’m just trying to put my personal opinion on the matter – that how long the sentence is, doesnt change how she wlil ever feel about killing someone, that alone is going to eat her inside.
She may feel completely horrible inside that she killed someone and it might affect her for the rest of her life but she made that irresponsible decision to drive drunk. Ms. Faustino doesn’t have theoption of "getting out early and continuing on with her life and perhaps getting an education so your comments are so heartless.
"Brooke was a waste of life doing nothing, she was going to school, and she was a bright girl. YEH she partied, so does everyone else"
Quite an assumption on your part that "everyone else parties but the other difference is partying responsibly. If you feel you have had one too many, call a cab, call her parents, call a friend.
And no my dear, not all of us can say we have driven drunk before. It is irresponsible and reckless. A lot of times we have drinks and we feel like we are okay to drive but the fact that she was 0.8 over the legal limit I am going to guess that this girl must have at least felt a little tipsy, be cautious and call a cab.
You are right how long she goes to jail isn’t going to change the fact that she killed someone but it sure would give her enough time to truly consider her stupidity. She should have been disqualified for a longer period of time.
You are glad that she is going to get out early so that she can "start living her life and start getting her education again" Ms. Faustino doesn’t have that option does she? Because it was taken away by Ms. Novak.
This is not a simple "Oops sorry I hit your car, let me take it to the repair shop and get it fixed and you can continue with your life" Someone is dead, does that mean anything to you?
You people clearly did not know Fedaranne as i once did. She was a very bright woman to say the least, and i assure you if the deceased could have any say in the fact, that she would personally not want by any means to see the life of another torn because of foolish mistakes
what a wonderful idea (and good timing) that a SMB bar is now advertising a chance to win a car if you drink 8 buckets of beer
I was wondering if it was only me that thought that was weird.
However its fair to note that the same establishment also has a breathalyser machine to test your alcohol content, id say a pretty respectable and responsible service to offer in their industry especially when they really don’t have to!
Honourable Judge, What about the victim family. She should bemade t support them financially
That will future drunk divers think twice
There is precedent in these types of cases. Whether you agree or disagree with the sentence, Ms. Nowak was not being singled out or given a lighter "punishment" than other young Caymainians facing similar charges.
http://www.caycompass.com/cgi-bin/CFPnews.cgi?ID=1023158
I AM ONE OF THE SISTER…IT IS NOT FAIR WHATEVER THE JUDGE DECISION IS…I AM APPEALING TO THE COMMUNITY TO GET MY SISTER THE JUSTICE THAT SHE DESERVED …WE ARE SO HURTFUL.. SO JUDGE CAN YOU PUT YOURSELF IN THAT SITUATION….
xxx
How can you all be so heartless and judgmental? You have NO CLUE what has happened to this girl since August 3. She has been forever altered by her actions and will never be the same again. Do you think she’ll ever forget the actions of that night, her bad decisions or the fact that she took a life (honestly, would YOU if you had been the driver)? Whether she spends a night or lifetime in jail will not erase her personal torment. A longer jail sentence will not change anything or bring back Ms. Faustino. Her mind is her eternal prison.
Think of it from both sides – that could have been YOUR CHILD that made the decision to drink and drive; it could have been YOUR CHILD that was killed. Either way, it was an ACCIDENT, a horrible tragedy. You all don’t know if The Novaks have spoken to the family or not; legally they may have been advised not to, you just don’t know. She has disconnected herself from everyone and everything she did before the accident. This is a horrible awful thing to have happened to both parties involved.
Why didn’t anyone comment on the positives that can potentially come out of this unfortunate event instead of bringing the poor young girl down further? Because you are all quick to judge and think the worse of people.
I for one pray that Brooke comes out of jail strong and healthy and ready to use her voice to be a catalyst for change in the way young people live their lives. All of us are still her friends and will always be here for her.
I’ve seen a lot worse crimes committed here with a lot less punishment. You should all just stop the senseless bashing and send sympathies to the Faustino family and good thoughts/prayers to the Novaks.
I agree with you.
Everyone screams and complains about justice. I have had, and known others who have passed away from unfortunate events… It’s a part of life. It can (god forbid) happen to anyone.
Could this event have been avoided, yes. But what’s happened has happened. And I’m glad for the legal decisions made. These youth are the future of Cayman, what good is it if they are locked up for years? How will that benefit Cayman in the coming years as the older generation pass the torch down?
Yes there are flaws in the legal system that needs to be updated, but it is good that the judge looks at it from a personal perspective, and not strictly "by the book". No previous criminal records, and (before this event) seen as a positive figure in the community.
People shouldn’t be hypocritical, and just be realistic. Learn from the past, live in the now, and plan for the future. Her case is different then a person shooting another. With that there is a motive, a disturbance, and intent to kill, steal. Those cases are the ones that need to be looked at and condemned more so. I’m positive she didn’t drive drunk with the intent to kill. You’re wishing to get home safe and hit the sack. Unfortunately the decision to do so was not good.
I hope the victims family finds it in their heart to forgive as there is no benefit with living with life with a terrible grudge. May we all move forward together to prevent unnecessary incidents.
Come on people, this is the Cayman Islands, a place where we know off duty police officers andour politicians drive intoxicated all the time!!!
Of course I do not condone anyone driving drunk, but we all know its who you know that takes care of things around here.
Whats it going to take for us to crack down, I see people all the time driving with their seat belts on while their kids stand up in the seats beside them unrestrained. I cross police all the time with no sign of a seat belt on.Go Figure….
Just reading this article gets me upset. I know Brooke personally, never had a problem with her she is a kool person. But 15 months. In 15 months she will be smiling, laughing getting on in her life trying to continue her education goingon to having kids and a family probably partying again. And worst of all DRIVING.
In 15months where will Ms Faustino be?……. I saw when they sent the body back to the Phillipines it was a box that said human remains..To the judge that made the sentence i hope he read that last part…Mrs Faustino is in a box and 15 months from now she is going to be in the same box. And where is brooke going to be..FREE..Why is the inocent trapped in a box and the guilty allow to roam free? Cayman Cayman Cayman….Where murder is just a little dent in your life it seems.
excuse me but are you trying to imply that brooke should either be keep ina life sentece or put in a box as well? very very heartless..accidents happen
And are you then implying that 15 months is an adequate sentence for the murder of an innocent?
Making the decision to get behind the wheel of a car after drinking is not an accident.
Completely INSANE! 15mths for taking life! Really?? So what, Brooke "feels remorse" any normal person would! What about the person whom she killed, her family? I am sure if the dead girl could talk she would feel the same thing…what about her family? This family’s sentence is a lifetime of remorse and pain.
Something is wrong with our legal system. There should be MINIMUM sentences for named crimes and not left up to the discretion of the Judge!
Brooke made the decision to drive that night, she made the wrong choice and should have to suffer the consequences for her very bad choice, afterall, she broke the law, didn’t she?
I have said this before and I will say it again;
If you want to kill someone in Cayman and get away with it, drink some alcohol and crash into them, run them over , use your vehicle as the weapon.
The outcome will be one of two things, you will either get off scott-free or you will be sentenced to a max of 2yrs in prison (which in turn can be halved for good behaviour etc). FACT.
Just look at the last deaths caused in Cayman due to DUI or reckless driving.
Kill someone with a weapon or other means (mistake / not intetnional) and get caught and found guilty…5yrs – life.
I think we need to take a step back and look at what the real problem is here. Yes drinking and driving is illegal and a bad decision but with the number of people being charged with it in Cayman now I think we need to look at the root of the problem. The first question is why are so many young people drinking so much? I think the answer to that is another question, what else is there to do? Then after they drink why are they driving? Well that’s pretty easy as well, the bus service has stopped by the time they have finished drinking and a taxi will cost them more than their bill for the night! I don’t want it to be an excuse for drinking and driving but I believe until the costs of alternate transportation are cheaper people will continue to drink and drive and people will continue to die because of it. Nowhere else in the world is there taxi prices like Cayman, the drivers basically have a monopoly on it and won’t let any competition come in and charge lower. Not to mention that if the prices were reasonable people may actually use them at other times and get some of the cars of the roads!
The point regarding alternative transport services is entirely valid. I am at University in the UK, and trust me: no one my age gets charged for DUI, driving when drunk is almost unheard of. Why? Getting a taxi is the easiest thing… the same cannot be said in Cayman. I believe this needs to be addressed first, before people get on their high horse about the "Justice System" in Cayman.
15 months in jail for killing someone? And being drunk on top of that? Really? And to add to that, she probably wont spend 15 months because they are going to count that whole good behavior crap. And prorate it with the time she’s already been in then. I think its a disgrace to know in Cayman you can kill someone and get a sentence like that. Ofcourse the defendant will have sorrow after….who wouldnt? And that takes time off the sentence? So 15 months, that will be reduced is what we call justice? I see. Well I think it goes to show that if you are going to kill anyone, Cayman is theplace, because I havent heard of anywhere else that hands out such humorous and ridiculous sentences.
Hey, that’s better than it has been. What about the driver who killed his girlfriend a few years back, and the young man who killed his friend who was a passenger in the back seat … I don’t recall any jail sentence in either case so why are you now complaining about15 months – to me that’s a LOT more than anyone else has ever received!!!
If you are talking about the accident in front of the Seafarers hall, Prospect, the guy in that case served time in Northward after coming out of the hospital. I am not sure of the length of time but I do know that I saw him there around early 2008.
With regards to the accident that happened early this year in the Lower Valley area. The driver has yet to be trialed.
The young man whose girlfriend was killed received a sentence of 5 years,and is now out of prison on parole.
I totally agree, I couldn’t believe this only 15 months and license taking away for 5 yrs
For killing someone, wow look at our justice system
How do they think the family of this dead girl would feel, I hope she sues them
One way to solve ALOT of these circumstances…regulate taxi prices to a realistic figure and ppl will use them instead of DUI! I have literally travelled all over the world and i have NEVER been anywhere where cabs are expensive as they are here! It is absolutely ridiculous!
Very true – I recently took a cab from Royal Palms to West Bay and it cost CI $28 – Even half of that would be extortionate!
If taxi prices were regulated to sensible prices, people would use them more, it would have a knock on effect on other businesses and would help in he fight against drinking and driving.
Lets face it, add another $22 and you can fly to Cayman Brac!!!!
Well that’s just the thing – they’re supposed to be regulated – but all most taxi drivers do is inflate the regulated figure whenever they think they can get away with it, and their favorite victims are cruise ship tourists – where they are notorious for trying to charge the standard tariff for the journey to each and every passenger in the vehicle, for example, if 2 peoplethey get paid double the standard rate; if 3 – triple, and so on and so forth. Daylight robbery. And to ANONYMOUS (not verified) on Thu, 11/18/2010 – 12:27 – that $28 bill should have been no more than $13-$18! You were royally ripped off!
This is certainly a very real, terrible tragedy. I also agree that itis the culture of the country that driving under the influence is continuously condoned. I have heard of clubs and bars in other countries where designated drivers are given wristbands in order for the bartender to identify and serve them free soft drinks throughout the night. Can incentives for designated drivers such as this be instigated in Cayman perhaps?
Whilst my heart goes out to the victims family, my heart also goes out to this young girl. Yes, she did a terrible thing but you can see that she is full of remorse. She will have to live with the knowledge of what she did for the rest of her life and she was just about to go to college and start her life. Now she will have a criminal record which will follow her everywhere she goes. But I believe that she is so full of remorse that memory of what she did will punish her more than any court could and for much longer. It is a terrible situation for everyone involved and a stark warning about what can very easily happen to anyone who decides to drive drunk. Get a taxi, call a family member or friend but please don’t drive drunk.
I would like to see where she or her family show the same remorse towards the victim’s family. I haven’t seen any apologies go towards them throughout these proceedings. Looks like the remorse was all towards the legal people and to no one else. She needs to show face to these poor people as well, not just the court.
I do not feel sorry in anyway for this crime. The only reason I see her getting a lighter sentence is because of her family influence on the island. When one thinks about her life, going to college, being a good girl as many claim, how does one justify a good girl who is just 18teen drinking without any responsibility? Yes she had a bright future but now she has a doomed one, what about the girl whose life has been taken away in the prime of her life for good? has anyone given any thought about this? Well this are my opinions and nothing against the writer who seems to have a sympathy towards the drunk girl.
When you’re intoxicated, of course you think you can play "hero" and this situation will "never happen to you." Every person young old it doesnt matter think this will "never happen to them."
I think even if Brooke got no jail sentence at all. She could of learned a lesson.. For anyone that KNOWS her would know that she means no harm to anyone.. I am not excusing her actions, because what she did was wrong hands down.. but whats done is done. its very sad that Ms. Faustinos life was taken from her, and i pray everyday for both of these families..
i would love to know why all of a sudden something that was not completely intentional is getting so much hype and anger over her sentence.. but the young men out there who pull their out guns and shoot people completely sober & clearly planned and intended, are STILL roaming the streets free! and thats okay??
I feel like everyone should learn a lesson from this.. move on & instead of harping on something thats already happened, pray for the teens of our community and work on making it a better place. she will NEVER have a normal life again, even if shes out of prison at 20.. her life will NEVER be the same. it does not matter if this is a "light sentence"
Who cares if we know what kind of person she is or what her intensions were? She knowing got in a car impaired and killed someone! Is it because the victim is a Filipino expat, that she or her family don’t deserve justice? Or because Ms. Novak is a Caymanian that comes from money that exempt her from proper punishment?
How many people play the game of appearing remorseful only to get out of a situation and learn nothing? But as you said she has live with the knowledge that she killed someone, I hope it eats her up inside and maybe she will have a glimmer about what Fedaranne’s family feels.
I would hope the people spewing non-sense about her being sorry and what’s done is done would have the same outlook if it were their child or sister!
I find it thoroughly confusing and upsetting to see people here (who I assume are of sound mind and I suppose sound character wouldn’t be too much of a stretch) commenting on how this young lady was responsible, good natured individual and not some "hardened criminal". If anyone was even slightly aware of Miss Nowak’s public actions and lack of social responsibility they would not be making such comments. I too know Miss Nowak, having been school mates for seven years – responsible, mature and and socially conscious are not words I would use to describe her. I have seen Miss Nowak thoroughly intoxicated in public before (on multiple occasions, and before being of age), as well as drive after the consumption of alcohol. This was not the first time that she had operated a vehicle under the influence of some substance.
While I am not suggesting that everyone is perfect, or that Miss Nowak intended to take a life that night, I do believe in calling a spade a spade. Lets not pretend that this sentence is appropriate, or that Miss Nowak was totally unfamiliar with the bars along Seven Mile Beach. A young lady (with just as much of her own life ahead of her) was killed, and this is a tremendous tragedy. Some people go on fifteen month vacations – Miss Nowak’s ‘suffering’ will not even begin to compare to or provide any consolation to her victim’s family.
Miss Nowak was irresponsible, dangerous and immature. She made the decision to drink, and she made the decision to drive her vehicle. Perhaps some forethought and consequences for her actions would go a far way in shaping this child’s obviously impressionable mind.
Did you call the police or her parents when you knew she was driving under the influence? If you had, perhaps Miss Faustino might still be alive today.
I didn’t know it was the responsibility of others to alter a decision made by a young adult. Give me a break.
The cliches are true:
"Friends don’t let friends drive drunk."
"The life you save may be your own."
And so on.
Maybe it is not a responsibility. Consider it an opportunity… to possibly save a life. Perhaps two.
If you saw someone committing a break and enter, would you call the police? If you saw witnessed a crime of any other sort, would you call the police? I don’t see how this is any different. Drinking and driving is against the law, and as we have seen over and over again, it is lethal. It is the responsibility of all good citizens to report crimes when they see them being committed. Driving under the influence is a crime. There are no two ways about it.
If you want the culture to change, change it.
If I had to call the police every time I saw someone get behind a wheel after drinking more than the legal limit here in Cayman, I would have have to take out a bank loan to pay my phone bill.
Are you serious? You think it is morally acceptable to watch someone drunk out of her gourd get behind the wheel of an SUV, knowing that she is incapable of driving it? You would feel no moral compunction if you ignored such behavior and later learned that an innocent (and perfectly sober!) individual had been killed? Wow. Just wow.
The previous poster claims to know for a fact that Miss Novak drove drunk, not just once, but repeatedly. IF this is true, then no doubt many other people also knew — Miss Novak’s friends, her acquaintances, other young (and not so young) adults. They turned a blind eye, implicitly condoning such behavior, or at the very least failing to condemn it. THAT is how drunk driving gains a foothold in society. THAT is how young people begin to feel it’s an acceptable risk. We NEED to stand against it, and firmly, if we want it to stop.
Let me ask you something. If a young adult you know made the decision to commit suicide, or rob a bank, or take drugs, would you not do everything in your power to alter that decision? I am almost sure you would. The fact that so many feel drunk driving falls into a different category is the only explanation we need as to why it is so prevalent amongst our young people.
Exactly!
First of all, I was not in her presence that night, and it’s not my responsibility to teach Brooke Nowak that it’s against the law to drink and drive. That lesson falls squarely on the shoulders of her parents. I grew up in Cayman too, and while I can see that others may consider it the norm, I know that it is illegal to drink and drive. For my own safety (which is paramount in my mind) I would never drink and drive. Thankfully, that benefits others as well.
Get caught with a stick of weed = 3 years in the slammer
Drive drunk and kill someone= 15 months
CAN SOMEONE WITH A LEGAL MIND EXPLAIN THIS RATIONAL TO ME?
With all the drunk driving around I say first offence MUST be loss of license for 3-5 years. For the second offence, lifetime ban on driving.
We dont need these kind of persons on the road PERIOD!
This sentence sets a DANGEROUS precedent henceforth.
I could but CNS apparently doesn’t like it.
i don’t get it! ever time there is a big huge event, there are the drunk buses and mini vans etc. it isn’t like there are any less drinkers on a normal friday night. i say increase bus service wit $5 unlimited weekly pass and on friday’s etc no one would drive. how can a taxi cost $20 to go from one end of smb to the next….
So I guess it would make more sense for me to kill someone then to go over my conch limit, because we all know that taking too many conch will land you in prison for long then murder or manslaughter. (I’m in no way saying that you should take over your conch limit, as the limit is there for a reason. But it was just something to point out.) It just shows how TWISTED the legal system in these islands is. Lord, we need help. Lots and lots of help.
Dont blame the system, blame the people who do not have the xxxxs to inforce the system.
I am stunned by some of these comments from people who actually believe 15 months is just punishment. So what if she looses 15 months out of her young life. Miss Faustino has lost the rest of her life. No end of sentence for her. Of course she is sorry now but that will not bring back the young woman she killed. When you get behind the wheel of a car while intoxicated your are in possession of a deadly weapon, namely the car. No sentence she received will ever bring back Miss Faustino but she should have gotten a longer prison term to really have time to think of the consequences of DUI.
Back in 2007 there was a fatal car accident along the Esterley Tibbetts Highway. A family grieved the loss of a wife and mother.
This driver was not drunk. There was no indication of speeding nor of recklessness. It was a tragic accident. Witnesses said he was on the worng side of the road though he initially denied it.
The victim’s family wrote a heartfelt letter imploring the court not to provide a custodial sentence, but rather to release the defendant to care for his ailing wife.
He was sentenced to six months in prison and a five year suspension of his license. The judge noted, "Cayman has a dismal record for offences of this kind. All drivers must realise a custodial sentence will be imposed, whatever their circumstances." The sentenced was discounted from a potential maximum of 12 months.
http://www.compasscayman.com/caycompass/2009/10/01/Driving-death-nets-six-months/
The judge in the present case involving Ms Novak has "discounted what would have been a three year sentence for the defendant’s early plea, her genuine sorrow and remorse and the fact that she was of good character with no previous convictions."
That is disproportionately discounting Ms Novak’s sentence and totally failing to account in an suitable manner for the aggravating factor of her particularly high level of intoxication. She received the exact same license suspension as someone who was not intoxicated but who found himself in similar circumstances.
Ms Novak engaged in behavior so inherently reckless that, by her actions and choices, she demonstrated a lack of due regard of the lives and safety of others. Her act of getting behind the wheel in such a condition should be a particularly aggravating factor.
I plead for the Crown to appeal this wholly inadequate sentence.
This is beyond ridiculous! I’m a young woman & yes, I’ve driven drunk before (I’m sure there are many of us who have) & thankfully, I haven’t gotten into an accident or killed anyone. But even I can say that this sentence is UNFAIR! Every time one of us gets behind our car wheel intoxicated, we make the choice to drive DRUNK & risk not only OUR lives but the lives of OTHERS. I don’t care what the judge or anyone else says, she may not have PURPOSEFULLY INTENDED to harm anyone but she made that choice to get into her car & drive DRUNK OFF HER A**!
Like I said, it was a CHOICE! In making that choice, she took another human beings life. She gets 15 months in jail while a family will mourn over the loss of their daughter/sister/cousin/partner, etc. for the rest of their lives. In 15 months, she will be able to go back to her normal life even though she’ll have this experience to take with her, on the other hand Ms. Faustino is dead & gone, never to return, never to go back to enjoying life with her family & friends & making a future for herself.
Ms. Novak has basically gotten off FREE of charge! XXXXX I don’t care how sorry she is & what kind of previous record she had, it doesn’t take away the fact that she took another young lady’s life when she got behind the wheel of her car & started to drive home that night. This sentence isn’t going to teach young people or anyone for that matter that drinking & driving is wrong because they’ll look at it as, "Oh well, I can drive drunk, get into an accident, maybe take a life & I’ll still get off free!" She committed the CRIME, she should do the TIME!
Our judicial system SUCKS A**! If you’re caught with drugs, you have to serve so much time in jail but if you take someone’s life, it’s treated as nothing. We’re living in a daywhen drugs are more valuable than a human beings life! So very sad but so very true.
R.I.P Ms. Faustino – justice may not have been served but your memories with you family & friends will live on forever!
We need a different culture to drunk driving here and the police need to be involved. Back in the late 1960s in Britain, people began to get tired of the killing on the roads. The cops started sitting outside pubs and if you drove off without putting your lights on before you moved, they nabbed you and breathalised. It has reached the point in Britain now that people (other than idjuts looking for a jail sentence) will not drive with more than one drink in them.
Here we have a culture that lets go a person stopped for driving drunk because he was a former senior policeman who promoted the cop in charge or because he is a prominent and wealthy Caymanian who can hire a QC to show the breathaliser was faulty or the cop was wearing the wrong colour of underpants when he arrested him….etc etc.
There are very few things we should copy from the UK. The approach to drunk driving is one of them.
Pathetic. What message does this send to the other drunk little rich kids in big cars?
i think the fact that at 18 years old her life is basically over, she has to live with the guilt that she killed someone for the rest of her life and has to spend 15 months in prison, is a fine sentence.
anyone who has the death of a person on their conscience is a big enough punishment.
its always different when you know the person personally. & im sure that for all the people who think the punishment is "unfair" would be singing a different song if brooke was their friend.
I agree. This young person will live forever with the guilt. What GOOD will it do to her still YOUNG life to keep her in prison??? Let her learn even more evil ways? Allow this young person to make amends and move on.
Where are your Christian hearts? You want to throw away the key and your tax dollars on a 18 yr old spending the rest of a decade in prison???
The message needs to be stronger and more enforcement by the darn police and whoever let this stupid young girl turn a car key.
Where is the Christian heart? As a true believer you should be able to speak the truth no matter the consquences. Whether she is a friend or not she was wrong and should have received the proper sentence to fit the crime and that is NOT 15 months by a long shot!
What tax dollars pray tell?
Now if the shoe was on the other side…
Its always different when you know the person personally. & im sure that for all the people who think the punishment is "fair" would be singing a different song if ms faustino was their friend.
15 months is a joke. No justice there…but I guess since our prison is full they letting criminals out earlier than usual…disgusting!
I honestly don’t know what to think about my country anymore…. They will give a person 10 years or so, if he or she is catch with ganja, but if someone kills another person, they only get 15 months??? And then the judge says that the girl was "sincerely" sorry for what had happened and all of that junk. So tell me something, if you are sincerely sorry, wouldn’t you apologize to the family of the girl you killed? Yea, I know that you would be afraid of how the family might act once you approach them, but that’s a risk, she should have taken. Because I’m sure if it was the other way other, her family would have been breathing down the other girl’s neck. I mean, you are known for driving drunk, "all the time" and all of a sudden now, because you killed someone….. it was an accident? There is no excuse for what she did, once you drink and are so drunk that you can’t tell your left from your right, that is your responsibility. No one told her to drive herself home….. hello that is why all of them taxis are always out there. Why you think they have so many commercials about drunk driving. And you know what is so funny, it’s always the innocent bystanders who get hurt, not the ones, who are being irresponsible….. I mean maybe we should all just get drunk, kill some ppl and call it a nite, huh? Because hey, you only going get 15 months or you might even get less if you are on good behaviour, so no big deal right. I really wonder where we get some of these Judges, I mean even a little child could see that what has happened is unfair….maybe next time I should ask my little cousin to come be the judge because he would have more common sense then some of these other people….As my friend once said, "common sense na too common"
to 17.12 woowww i understand you know the young lady but i do as well and she got off easy i never had any disrespect shehat…. is a nice person who wouldnt hurt a fly but soo what…the faustinos will never see their loved one again. loosing 15 months of yout free time doesnot even compare to a life time of grieving. Its a shame how you posted that comment i guess you are in the same band wagon that thinks its ok because she is no nice and remorseful. And 5 years without a liscence call it life in prison or life without a liscence and 15 YEARS. She brought this burden on herself. No one forced her to drink and get drunk. NO ONE.
The question was posed earlier, "What if it had been your daughter that this drunk girl killed?" Did you ever think about "What if that drunk girl had been your daughter?" I mean really, am I to believe that none of you people posting have ever driven drunk? Not once? How do you know that this wasn’t an isolated occurrence?
Young people, especially women, would rather take the risk of driving home drunk (because people, of all ages, do it ALL the time and get home safely) and have their car sitting in the driveway at home when Daddy wakes up in the morning, than have to ask Daddy to take their hungover butt to pick up the car in the parking lot of a bar/club. Obviously the smarter choice is to ‘fess up & catch a cab or a ride with someone who hasn’t been drinking, but how many of us do the smartest thing all the time?
if this is isolated then perhaps you are isolated and do not get out your house..
I’m not a drinker and very proud of it. There is no need for alcohol to be in my system for me to relax and enjoy myself when I go out so no I’m not stuck at home all year. I find it rather unattractive to see women especially drunk to the point of falling over and not contious of their surroundings. This is a danger to people more than they realize.
I’ve never seen her out, much less drunk, therefore don’t want to speak of what I do not know.
I have never driven drunk because I chose not to consume alcoholic beverages on a regular (maybe 3 times per year max), get so drunk, drive recklessly and kill someone. She got off easy but she is not the only one. There was an accident in BT a few years ago where a Jamaican national was killed and his daughter lost her eye. What happened to that murderer? Slap on the rist just like Brooke.
the island has some serious problems, and DUI is one of them. it is a combination of lacklustre laws, antiquated socials values on this subject, and cumbersome enforcement.
i feel sorry for the woman needlessly killed, but know these senseless deaths will continue until the above is continue.
XXXXX
"Sorry" & 15 months (probably less with probation) will not reverse the waste of a life.
Excuse me?!?!
“…we must not lose sight that the defendant did not intend to harm anyone,” the judge told the court.
When you drink and get behind the wheel of a car, your intention is CLEAR! You do not respect the value of life… Not others! Not your own! That message was not delivered! When you get behind the wheel drunk, YOU INTEND TO KILL! If not, then why is it illegal to do so? THAT is the message the judge should have delivered.
To those who believe that "she should have gotten life" and that 15 months is "a slap on the wrist", etc. etc. I just happen to know this young woman and yes, she made a horrible mistake, and yes, someone was accidentally killed, but she is a good person at heart and not some hardened criminal who is a repeat offender. For someone who is just 18 this is a devestating sentence and it will follow her for the rest of her life. And if you are looking for comparisons, compare it to many of the known criminals in Cayman who repeatedly and deliberately commit crimes with loaded guns in hand. Perhaps they have been fortunate in that no-one was killed during their crime but I believe that there is a big difference between a young girl getting in a car accident and admitting her culpability and some repeat offender who deliberately targets his or her victims in a preconceived plan. My sincere condolences to the family of the victim, but destroying another young life will not remedy the situation or bring anything but the most fleeting of satisfaction to such a tragic event.
to the following:
You are wrong. When Ms Nowak got into her car and took to the road that night she made a decision and the consecquence of that decision should havebeen a much, much harsher penalty. Ms. Nowak KILLED another young woman. In one years time Ms Nowak will be starting her life over again while Ms Faustino will still be dead. Ms Nowaks family will get to see her go off to school, come home get a job, start a family.. Ms Faustino’s family will only have memories of their daughter.
And how can this be a deterrent to other people thinking about getting behind the wheel and making the same poor decision that Ms Nowak made. Give this young lady 10 years behind bars and I can assure you that that sentence would ring very loudly through this island. Make Ms Nowak the benchmark for which all other drunk drivers are sentenced and then perhaps Ms Faustino did not die in vain.
XXXX
Excuse me?? She should have gotten 15 – 30 years instead!!
So because she’s a good person is OK to allow her to get away with killing someone? Didn’t she know that getting behind the wheel while DUI is illegal?
It could be you or your child next. Then what? Will it be ok for someone to find an excuse why they shouldn’t get a higher sentence.
"It seems there is no question of this being about rehabilitation- she will be in a much worse position at the age of 20 with a custodial sentence behind her and her future prospects will be irreversibly harmed."
I respectfully disagree at the age of 20 she has a FUTURE, something that Ms Faustino will never have………………………..
Are you for real? You are not sure if a custodial sentence is the right choice? I’d bet if it were your child, touch wood it never happens, but you would cast a different comment on this topic. I merely think you are making this comment because you may know the defendant, I’m only saying!!!
But how can you justify saying 15months is more than enough? I have been done for DUI before, and it is a very scary situation to be in, and I am sorry for making that choice, luckily I never hit anyone or anything. Thank God.
Good character? We only know she is off good character because she had no previous convictions. Does that mean she has never committed an offence? Maybe she was never caught. I am not trying to make her out to be bad, I’m just trying to say that a conviction is a conviction, and I think it should have been more!!!! The judge discounted her conviction because of her early plea. SHE HIT A CAR. WHERE WAS SHE TO GO?
There was no previous evidence of reckless driving. Does there need to be? She was over the limit. She was ‘ON THE OTHER SIDE OF THE ROAD’. That’s guilt in itself. What more does the courts need. The problem with thiscountry is that the judge listens too much to lawyers, and more times than not, majority of times, convictions are lessened. Again, nothing wrong with that, but the line needs to be drawn somewhere.
It is evident in nearly every case that family sticks by their children, nothing wrong with that. But if you are guilty, you are guilty. Don’t start saying it is harsh.
Every single person that goes to court has their lawyer tell the judge that the possibility of them reoffending is very slim. They tell the judge what they want to be told.
Now this comment is to say that every sentence handed down needs to be served. Not complaining about it being too much.
Ask yourself this: If you were the mother of Federanne Faustino, a 24 year old with the world ahead of her, out enjoying a beautiful night with her boyfriend. Is 15 months enough? Too little? Too much?
Honestly if it was my daughter I would be inconsolable but I would not want to see two lives wasted.
There is a culture of drunk driving here that needs to change, but I think that starts with having a safe affordable taxi service. I’ve left my car at restaurants and paid $20 for a 5 minute taxi ride down a straight empty road, and then another $20 to come back and get my car in the morning. If you’re 18 years $40 is a lot of money.
Plus I actually feel safer driving myself drunk than being driven by a Cayman taxi driver. They seem to think the middle lane is theirs and they are above indicating or giving way.
I agree, sort of. I just can’t get past the idea that these young people, who, according to you, would balk at paying $40 for a cab ride home, routinely spend hundreds each weekend on drinks.
Miss Nowak was driving a Land Rover…not an inexpensive car to buy OR run. I doubt that the cost of a cab ride was an issue.
You’re right about the poor driving of the cabbies though. Awful.
It’s true about our taxis here in Cayman, but this particular 18 year old has a well off family.
"The court heard there was no evidence that Novak was driving dangerously or badly before the accident took place but that the crash was a result of her being under the influence of alcohol"
so what before the crash and while driving she wasn’t under the influence or wasted? am I to believe that it is now ok to be wasted and drive as long as I do it well?? what kind of precedent does this now set?
Such a needless waste of life. PLEASE people do not get in a car and drive drunk. People’s lives are at stake – PLEASE be responsible – there can Never be a good enough reason to do it.
My heart goes out both to the victim and her family and also to the young girl who did this…she has to live with the consequences of her poor judgement…..
I am not surprised, but I am disgusted. This sentence should be much longer.
I really wonder if a custodial sentence is of any benefit in this kind of situation.
If this young person is of good character, full of genuine remorse and unlikely to reoffend then what is to be gained from sending her to prison?
It seems there is no question of this being about rehabilitation- she will be in a much worse position at the age of 20 with a custodial sentence behind her and her future prospects will be irreversibly harmed.
I guess it is about deterrence, but I have real reservations about making an example of an 18 year old of generally good character. We have to be careful not to throw the baby out with the bathwater.
So what message would it send NOT to send someone to jail. I think uuuups never mind you made a mistake is not going to cut it. Somebody’s life was taken because somebody else failed to adhere to the law. There has to be consquences and the consequences have to be significant. She is worse off at age 20 after having been in jail? Yeah, well, someone is DEAD – so I think she will not be worse off than the innocent victim who just happened to be at the wrong time and the wrong place.
This is so unfortunate for both Ms. Faustino who lost her life and Ms. Novak who has to live with the regret for the rest of her life.
Let’s hope teens are paying attention to this!
Wow!
That’s a pretty light sentence. XXX
"The judge said that a custodial sentence was appropriate in the circumstances not just to reflect the tragic death but to deter others from drinking and driving."
Are you serious?? This sentence will not deter anyone as this is merely a ‘slap on the wrist’.
I believe the should have been firmer.
I am glad that this young person has received jail time as it will help her in the long run. To take another person’s life is a traumatic event and accepting punishment and determining any contributing factors that need to be dealt with and doing so is part of a sincere desire to accept responsiblity for a horrible situation.
No one who has ever driven a car drunk can cast a stone at this young woman.
This sentence will not teach this young child any good. The teen [killed] someone (even if it was only an accident) and will only be taken from society for 15 months.
It is a shame that the justice system has failed the family of the victim.
Compared to what? The hit and run driver in George Town that hasn’t been caught, in part, because of a police cover up? Who is more likely to commit another crime?
Cayman, without a doubt, has lost its moral compass.
*The court heard there was no evidence that Novak was driving dangerously or badly before the accident took place but that the crash was a result of her being under the influence of alcohol and driving her car into the path of the oncoming car…WOW how does this make sence?
*Although there was a tragic loss of live we must not lose sight that the defendant did not intend to harm anyone,” the judge told the court*….all I can say is that I am sooo sorry for the Family of Miss Fedaranne Faustino-No Justice for you love one…so sad.
sentence seems a bit light but I suppose shes young and pled guilty, so…condolences to the family of the victim. Hopefully, this will move them somewhere towards closure and dealing with the loss of their loved one.
15 months in jail for a non-intentional death of someone, I think is kind of harsh!
It is a pitty to know u can kill someone with a car and only rec 15 months in prison!!!! What is wrong with the Cayman Islands system. When someone do a less crime rec a bigger prison term this is not right!!!!
Talk about a slap on the wrist…..
sentence seems short, but at least she had the balls to admit to her mistake and plead guilty.
Not buying that. What could the defence possibly have been when you hit a car in the wrong lane with nearly twice alcohol limit in your bloodstream?
Hit the nail on the head there.
Not enough jail time. 5 years for killing someone when drunk. Minimum.
"Not intend to harm anyone" – what an insult. Driving while drunk is selfish and deserves real punishment.
Ok Mr. Dread, let’s get serious now, how’s this, you want to fix drink driving a car or boat, 1 year in Jail mandatory for anyone caught driving over the limit. Half the bars and resturants will be clossed within one year, Northward will be filled with drink drivers and we will be the no fun island that no-one would want to live on, we would probally lose another 10 thousand people who leave the island.This would be unworkable.
The judge’s decision in this case was both wise and fair, the young lady accepted the fault was trully remoursefull checked into the jail early did not waste the courts time and money with a protracted legal battle and hopefully she will return from prison relitivly unscarred and become a clean living member of our soceity and a example to all 20 year olds that drinking and driving does not pay.
Apparently we need to turn a blind eye to drink drive to keep the bar economy going. Let’s ignore the deaths and the mutilations.
Obviously this poster drink drives. And probably drink types given their spelling.
Scum. Every drink driver is selfish scum.
A blood alcohol level of 1.8 but she did not intend to kill anyone?
She was not driving badly but did drive in the path of oncoming traffic due to her being drunk?
She gets time served so will only actually serve 12 months (and will most likely make some kind of early release).
I’m sorry but I don’t think the punishment was strong enough. Now I do understand she will be banned from driving and this conviction will follow her all of her life but I still believe 12 months is not long enough to punish her or deter others.
She was drunk out of her box and drove and killed someone. Perhaps if she was my child I would feel differently, in fact I know I would. This has been a horrible ordeal for all involved but I cannot agree that justice was served.
15 months?? That’s All?? Hello, she killed someone because she was Drunk Driving??
This is not suitable punishment! Where is the justice?
and before the naysayers chime in… what if it was your daughter this drunk girl had killed?
OMG what a slap in the face 15 months for killing someone. Thats total BS that Poor Girl Probley didnt even know what hit her. This very Sad .
15 months for a life? Where is the justice in that?
No wonder crime is out of control on this island. People just don’t give a $#@! because there’s no consequence for anything!
WOW!!!
"The judge said that a custodial sentence was appropriate in the circumstances not just to reflect the tragic death but to deter others from drinking and driving."
How does a meaningless slap on the wrist deter anyone from driving drunk. I would have thought a minimum 3 years. I am guessing it would work out to a year with good behaviour. How does that send a message? Actually the message it sends is well what’s the worst that could happen.
This is another case of mistakes in sentencing. It sends the wrong message.
This is not about whether a person is remorseful it’s about the fact that a mother does not have a daughter, a brother/sister does not have a sister anymore, a spouse/partner does not have their partner anymore. That’s a family totally destroyed by a selfish act of stupidity.
This is not personal to the family of the setenced person but more about setences that send the absolute wrong message to the people of teh Cayman Islands. I really don’t know where the brains of our judges are at.
What will it take to get it through our legal system’s head that if you want to prevent crimes in Cayman YOU MUST MAKE THE SENTENCES STIFFER. Everyone on earth with the exception of cold hard killers are remorseful after doing something wrong and getting caught but 90% of the time it’s not about doing the act it’s about getting caught after. Remorse is not a reason to cut a sentence.
At the very least make her serve 1 to 2 years doing community service demonstrating how an idiot who drinks can do damage to the community. If she is truly remorseful then she should be happy to do that.
We are our own worst enemy and we have judges there to help it along.
I would like to weigh in on this misjustice. Am sorry but this is not right. This is what a life cost, she should have been put in prison for life. Sorrow and remourse, in the real world drunk drivers go to prison for life for DUI. Shame on the Cayman Islands Courts wrong message to send. This country is done, finished hear what I say, God will soon show The Cayman Islands, that all these dirty deeds can’t go on. Crime and misjustice dosen’t get rewarded
.
Chet O., had that been your young daughter I honestly do not think you would be preaching the "sermon" you just preached. Your God only punishes, or does He forgive? Have you ever driven after drinking and been lucky enough to make it home unscathed? If so, consider yourself lucky, it could have been YOU. If not, you are in a very small minority.
This young girl is known for her fine character and yes, she made a horrible mistake. She will have to live with these memories for the rest of her life. Many lives are lost daily through mistakes of others, such as spurned lovers in crimes of passion. Few are given a life sentence, and their crime was premeditated. Most all regret their actions later.
There are a lot more pressing issues in these islands such as your young men shooting at and killing each other in senseless madness. Isuggest you focus your poison pen at them.
Peace, please, and good will to all.
Of course you would not want it but that still does not make it right.
You have to sit on the other side of the table and ask yourself how would you feel if you had just lost your child.
Fact remains that a life was lost not a limb or time in hospital but a life. That child will never know what it is to have had kids of her own, her mother would never see grandchildren from her child.
Another angle. To many parents from the Philipines and other 3rd world countries this was their hope. Their children represent a revenue source for them as they grow older. That is also gone.
When you look at this simply on its own merits you will see a human life should be worth more than 15 months.
"…the judge also noted mitigating factors including the remorse shown by the defendant and that she did not intend to kill anyone".
The fact that she did not intend to kill anyone is not a mitigating factor for this charge. If she had intended to kill someone the charge would have been murder and the 15 month sentence might have been more like 20 years.