Jan 18, 2012 7:30am

Florida Man Guilty of DUI Manslaughter Sues Victim

nc david belniak jp 120118 wblog Florida Man Guilty of DUI Manslaughter Sues Victim

                                                                                                              Zuma Press/Newscom

A man who had pleaded guilty to DUI manslaughter stemming from a crash near Tampa, Fla., on Christmas Day 2007 now denies causing the crash that killed three of the four people in the vehicle he hit.

David Belniak has sued the estate of Ray McWilliams, the now-deceased driver of the other vehicle, for more than $15,000, saying it was actually McWilliams who caused the crash by abruptly changing lanes, according to the Tampa Bay Times.

McWilliams initially survived the crash but later died. Belniak was sentenced to 12 years in prison, where he remains.

The money is to compensate Belniak for medical bills, “pain and suffering,” and “loss of capacity for the enjoyment of life,” according to the suit.

The Times reported that Belniak’s attorney, Debra A. Tuomey, who is also his sister, said the government’s prosecution amounted to a character assassination and Belniak accepted a plea deal only to avoid risking getting a life sentence in trial.

Tuomey said she wanted her suit, filed last month, to be considered alongside an existing suit brought by the victims’ relatives against Belniak, scheduled for trial in April.

In an interview with ABC News, Maureen M. Deskins, who is representing the estate of Ray McWilliams, could think of no tactical reason that might explain Belniak’s suit.

“If the jury [in the civil suit] decided McWilliams shared some fault for the accident, they would be allowed to apportion liability accordingly,” she said.

Belniak’s suit could backfire, she said, inflaming jurors, who might already be sympathetic to the victims of the crash for which Belniak admitted guilt.

“It’s hard to wrap your head around,” Deskins said.

“There aren’t any facts that support the allegation [Tuomey] is making,” Deskins added. “That’s why the victims’ family is breathless” at Belniak’s suit.

Six eyewitnesses said McWilliams was stopped a red light when Belniak, at 70 to 90 mph, and never veering or braking, rear-ended him, Deskins said.

The event data recorder in McWilliams’ vehicle showed it was not moving at the time of impact, she added. And prior to the incident, citizens had called Florida Highway Patrol to say Belniak had been driving out of control, she said.

Debra Tuomey did not respond to a request for comment.

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User Comments

“Your honor, my clients wish to invoke their right to face their accuser”

Judge: “Granted. Bailiff?”

*BANG*

Posted by: Will Wayne | January 18, 2012, 8:25 am 8:25 am

The killers lawyer should sit right next to his but in jail………………and lose her law license forever.

Posted by: Abul | January 18, 2012, 8:36 am 8:36 am

Is this guy for real? Oh….you’re suing a dead guy that YOU killed because your life sucks now that you’re in jail for driving like a maniac and killing a couple people? At least you’re still alive which is more than I can say for the people you KILLED! Cry me a river, I deal with people like this guy all the time on road trips and driving around town…I friggin HATE people who drive like a$$holes. They should deny this lawsuit and give the guy an extra 15 years for even considering trying to attempt this shameful litigation.

Posted by: someone | January 18, 2012, 8:45 am 8:45 am

Wow is all I can say. If he is trying to soothe his conscious, this is not the way to go about it!

Posted by: Wondering | January 18, 2012, 8:50 am 8:50 am

Obviously evil people come in clumps of bad genes. Their parents must be proud.

Posted by: lexingtonlady | January 18, 2012, 8:55 am 8:55 am

Do the crime, do the time, you knew you would be driving before you took that first drink, you also knew that you could be pulled over by police or even wreck but you didn’t care enough to make plans so you would not have to drink and drive!! So quit crying and MAN UP!!!

Posted by: Virgil Hendrix | January 18, 2012, 9:02 am 9:02 am

If you’re STOPPED at a red light, how do you abruptly change lanes? 6 witnesses say the victim’s car was stopped, and the data recorder showed the car was not moving. He’s driving 70+ mph INTO a red light, so if he didn’t hit that car, he would have hit cars in the crossroad at the light.

Posted by: joost | January 18, 2012, 9:12 am 9:12 am

I would love to be a juror on this trial. This guy makes me sick.

Posted by: KJM1968 | January 18, 2012, 9:15 am 9:15 am

UNBELIEVABLE! The Judicial System really needs to do something about these frivilous lawsuits! If they lose, they should owe the other party what they are suing for.

Posted by: PublicInfo | January 18, 2012, 9:16 am 9:16 am

Belniak’s sister is his attorney. That’s almost as foolish as him representing himself.

Posted by: Christine | January 18, 2012, 9:23 am 9:23 am

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Posted by: walllispat | January 18, 2012, 9:39 am 9:39 am

How can his own sister represent him in this case? If she wins, it will obviously be to great advantage to herself (having her brother back in her life), so there’s a simple conflict of interest, right? Of course, the fact that this is his sister filing the case will make it even less credible, so that’s a good thing in the long run for the victims’ families.

Posted by: Shannon | January 18, 2012, 9:42 am 9:42 am

They definitely wouldn’t want me on the jury deciding the lawsuit that the family of the deceased has filed. The award for the family would escalate infinitely to make sure this drunk-driving idiot is in financial ruin for the rest of his life. If only the judicial system could add another decade or two onto his sentence just for plain old stupidity…

Posted by: Coracii | January 18, 2012, 9:59 am 9:59 am

Belniak and Tuomey are two great examples of delusional idiots who blame the world for their short comings. Too bad Belniak did not get the life sentence. As for Tuomey, she must not have ant real clients and she feels she has to make a name for herself. Both Belniak and Tuomey are poor excuses for human beings.

Posted by: Larry C | January 18, 2012, 10:00 am 10:00 am

Make the losing attorney pay the costs of the winning attorney. This will stop most of these moronic lawsuits dead in their tracks. However, the lawyers who write these laws will never infringe on their cash cow.

Posted by: bob | January 18, 2012, 10:29 am 10:29 am

This sister has a pair bigger than her brother. If the judge doesn’t throw this out with six eyewitness reports of who was clearly at fault he/she should be removed from the bench. Fine this attorney for frivolous prosecution and keep the jerk in jail. Florida law is really starting to scare me.

Posted by: Give Me a Break | January 18, 2012, 10:47 am 10:47 am

Lawyers suck!

Posted by: Seriously | January 18, 2012, 10:47 am 10:47 am

WTH? This guy needs to rot in jail. Take responsibility man and let the victim’s family have closure and move on with life instead of dealing with the BS. Im sure the victim’s family is dealing with the medical bills, “pain and suffering,” and “loss of capacity for the enjoyment of life,” Please throw this out of court or better yet waste the court’s time and the jurors time and award the victim’s family tons and tons of money for having to deal with this crap. Lawyers should be disbarred for this crap.

Posted by: AnnieP | January 18, 2012, 10:51 am 10:51 am

so, 6 eye witnesses and the cars computer system are ALL lying. The Drunk is telling the truth? BWAHAHAHAHAH

Posted by: pksk531 | January 18, 2012, 12:12 pm 12:12 pm

If I was the judge, I’d not only slap this jerk with more jail time and more compensation to the victims’ families, but I’d have his Mickey Mouse sister…the so-called lawyer in the case…sitting right next to him for the next 20-years for stomping on a grave that you put someone in. The calls to the sheriff’s office prior to the murder (and that’s what it is) along with the forensic data from the Mr. McWilliams’ car paint this picture perfectly clear.

Posted by: glofish54 | January 18, 2012, 12:15 pm 12:15 pm

This person had been reported by several as driving recklessly and he plowed into a stationary vehicle at 70-90mph? Now he is suing the family of the deceased victim? He should remain in jail plus added time and also be sentenced to pay the victim’s family. There is no state in the USA that allows DUI.

Posted by: joanna38 | January 18, 2012, 12:35 pm 12:35 pm

Complain to your Legslators ….The LAW Says he can Sue For FREE ….No Fees….He can even sue you if he wants to and you have to defend yourself in court or lose….What System.

Posted by: Steve Bell | January 18, 2012, 12:52 pm 12:52 pm

Exactly how does one do an ‘abrupt lane change’ standing still? He shoud get nailed for a frivolus lawsuit/

Posted by: Catherine | January 18, 2012, 1:11 pm 1:11 pm

Just another reson to love Florida and all of it’s delightful residents.

Posted by: Gabe | January 18, 2012, 1:26 pm 1:26 pm

Another fine example of our judicial system. This is like the guy who breaks into someone’s home and gets shot and killed and the family sues the homeowner and wins. Only in America!!!

Posted by: Suzanne | January 18, 2012, 1:30 pm 1:30 pm

REALLY?? This A@$hole killed innocent victims due to his alcoholism and now wants $$$$$ for his crime! Put him and his attorney sister to sleep, they are both trash and sucking up precious oxygen from the rest of us.

Posted by: Brad | January 18, 2012, 1:43 pm 1:43 pm

He must be bored in prison….more victimizing the family that he destroyed.

Posted by: Hege1321 | January 18, 2012, 2:01 pm 2:01 pm

Six eyewitnesses said McWilliams was stopped a red light when Belniak, at 70 to 90 mph, and never veering or braking, rear-ended him, Deskins said.

The event data recorder in McWilliams’ vehicle showed it was not moving at the time of impact, she added. And prior to the incident, citizens had called Florida Highway Patrol to say Belniak had been driving out of control, she said.____and yet the courts have to entertain this nonsense. Lawyers should be charged fees for bringing these frivolous cases to court.

Posted by: Hege1321 | January 18, 2012, 2:07 pm 2:07 pm

Reminds me of a comic strip I once saw, where the jury foreman says: “Your honor, we find the defendant not guilty but we’d like to know if there’s any way we can have his lawyer thrown in jail.”

Posted by: Brian Levine | January 18, 2012, 3:43 pm 3:43 pm

Satan to Belniak: “Alright, alright…you can have the seat between Hitler and Casey Anthony”.

Posted by: Brian Levine | January 18, 2012, 3:45 pm 3:45 pm

So, #1 he will have to answer for ALL of his actions when he comes before the Lord, #2(sorry for being judgmental) to sue for $15,000 compensate for medical bills PROVES you didn’t get hurt; “pain and suffering,” YOU WERE DRUNK, there was no pain, you more than likely passed out; “loss of capacity for the enjoyment of life,” well, you must have a crappy life to only need $15,000 to equal 12 yrs away from “enjoyment of life” As a victim of a drunk driver collision, I know what the other family feels, the father is gone, others are gone, you are numb and unable to work for months. More than likely this selfish fool had minimal insurance and the family didn’t even get enough to bury everyone. Shame on the sister, PROOF that lawyers are unethical, immoral, scum of the Earth! It must run in the family!

Posted by: Amber | January 18, 2012, 3:52 pm 3:52 pm

Another woman lost her life in 1994 due to Belniak’s driving while drunk. He was never charged. His sister was a DA and his parents are business people, so I guess that explains everything. He has quite the rap sheet including being caught with a gallon of GHB.

Posted by: G | January 18, 2012, 4:01 pm 4:01 pm

In 1994 a young woman lost her life due to the driving of this man. His sister was a District Attorney at the time.

Posted by: MMM | January 18, 2012, 4:06 pm 4:06 pm

Its all been said. This Guy is complete moronic trash and so is his family. I hope the judge tears him a new one…..

Posted by: RPL | January 18, 2012, 4:55 pm 4:55 pm

10/28/02 – RECKLESS DRIVING REDUCED FROM DUI
8/18/03 – TRAFFICKING IN GHB
1/18/08 – DUI

Posted by: FAILEDSYSTEM | January 18, 2012, 5:56 pm 5:56 pm

1994 Belniak killed a pedestrian w/no charges against him (of course it was the pedestrians fault not his) , 10/28/02 – Reckless driving reduced from DUI, 8/18/03 Trafficking in GHB, 1/18/08 DUI, 3 counts of Vehicular Manslaughter, 3 counts of DUI Manslaughter, no driver license, no proof of insurance, no proof of registration, countless unlawful speeding and careless driving tickets. Throw the entire Belniak/Toumey family in jail for letting this guy be a habitual drug/drunk driver. CASE CLOSED

Posted by: Tina | January 18, 2012, 6:34 pm 6:34 pm

Must be nice that one can plead guilty to a crime, then years later come back and sue someone saying it is their fault. What kind of country is this that allows that to happen???

Posted by: Michele | January 18, 2012, 9:19 pm 9:19 pm

this is sad and depressing, knowing people like this guy are alive. I am sure the people he killed were wonderful people. I hope he can’t sleep at nigh and I hope that because of this he will rott in jail. I have the answer to all of his problems. Don’t drink and drive. I am sure because of how guilty he feels he will continue to drink and could possibly kill more people. plus his sister needs to realize the world doesn’t revolve around her brother. Get rwal! He killed 3 people. Let him rott. At least make him serve his time.

Posted by: Bev | January 18, 2012, 11:12 pm 11:12 pm

The verdict is obvious for most of us out here, however, the judicial system comes up with some twisted reason or way to be in favor of the accused. Some how some way they get off; just present reasonable doubt and your free. It’s sickening but it happens all the time!!!

Posted by: Jess | January 18, 2012, 11:36 pm 11:36 pm

I’m sure poor little. Davey never did anything wrong in his entire life. Mommy and Daddy bailed him out, made excuses, and blamed everyone else for their little angels misdeeds. He and his blood sucking sister are clearly the exception to survival of the fittest. Hopefully neither will breed and further pollute the human gene pool.

Posted by: Ken | January 19, 2012, 7:43 am 7:43 am

I think it’s stupid that hes suing a victim that he killed. If hes found innocent that means everyone can get drunk and kill people. How could he be so stupid to sue these people and he only get 12 years for 3 death and dui. What is wrong with the judicial system.

Posted by: Shandreca | January 19, 2012, 11:09 am 11:09 am

what a freakin a$$. I mean I ain’t the nicest person in the world and have on multiple occasions been called an a$$hole but god damn this piece of $hit takes it! they need to line that guy and the lawyer up on the firing line and take care of business. that way neither of them in that family can reproduce. we’d be rid of atleast 2 stupid people in this world.

Posted by: a$$hole | January 19, 2012, 1:01 pm 1:01 pm

If you research this guy a little more you’ll find he killed someone in ’94 with his vehicle and was arrested for possession of a GALLON of GHB (the date rape drug).

Posted by: Gazoo | January 19, 2012, 3:36 pm 3:36 pm

As a man guilty of 3 DUIs earlier in my life, I can say that there is no absolution until you take complete ownership of your actions. This man is escaping reality all for the same of placating his ego while refusing to seek the help he needs (even if he’s already behind bars).
He killed three people through his reckless actions. He needs to own his actions, and find peace in himself not by accusing others for the results of his actions.
If he feels his punishment by the state is too severe then he should first work to aliviate that condition, but accusing your victims is no way to go about finding any remedy or absolution in this case.

Posted by: Fred | January 22, 2012, 4:48 am 4:48 am

not only do i hope the judge throws this guys case out but makes him pay the legal fees and extra to the victims families for being so arrogant to file such a claim since the guy caused the deaths and accident. and now saying he lost his enjoyment of life and is suing his victims families. he should get more jail time and his lawer should join him and also be fined for fileing the stupid claim

Posted by: demoncat | January 26, 2012, 9:53 pm 9:53 pm

It seems wrong to me. but I know, from experience, that if his attorney is good, and he has a sympathetic jury, he just might win. I was rear ended 10 years ago, and will be on morphine, and lyrica for the rest of my life. The lawyer that I used was really bad at this, even though he said he had handled cases like mine for years. He took almost 2 years to even get ready, and then rushed through preparation. He never called my witnessess, or my grown children to testify. State Farm had 3 lawyers working on defense. I lost, and had to pay costs, of about 10,000 dollars. After that, I believe firmly in the fact that the only thing that matters, is the lawyer you pick, justice has nothing to do with the legal system.

Posted by: anna etters | January 28, 2012, 7:33 pm 7:33 pm

He should get his jail time increased for this!! What a scumbag!

Posted by: LaTrish | January 30, 2012, 1:04 pm 1:04 pm

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