Man Convicted of Vehicular Manslaughter and DUI Sues the Estate of the Man He Killed

A man convicted of vehicular manslaughter stemming from a DUI accident is suing the estate of the man he killed for $15,000. David Belniak had pled guilty to vehicular manslaughter in the death of Ray McWilliams and 2 other passenger, but now his attorney – who also happens to be his sister – is claiming that his original DUI defense lawyer gave poor advice when he instructed him to take a plea agreement.

The suit also claims that the victim, not Belniak, caused the accident by abruptly changing lanes. Belniak is suing for medical bills, pain and suffering, and “loss of capacity for the enjoyment of life”.

Belniak’s attorney, who remember is also his sister, claims that the buildup to the criminal trial was an exercise in character assassination and her brother had no choice by to accept blame and a plea offer because he wouldn’t have received a fair trial.

Belniak was sentenced to 12 years in prison, in 2007 for his role in the accident.

The families of the victims in the suit have also filed a civil suit against Belniak.

Belniak’s recollection of the events falls into question, as six corroborating eye witnesses report that McWilliams was stopped at a stoplight when Belniak rear-ended them at speeds exceeding 70 MPH.

An event data recorder in McWilliams’ car also indicates that his vehicle wasn’t moving at the time of impact.

It’s hard to grasp why Belniak and his sister would file a countersuit in this instance, as all the evidence seems to support Belniaks guilty conviction, and by filing suit, he’s more likely to aggravate jurors rather than win any sympathy.

This is a case we definitely have our eyes on and will update as new details emerge.