LAWRENCE — The driver of the sport utility vehicle that struck and killed an 11-year-old on Route 114 last fall will spend 90 days in jail and lose his license for three years.
A Lawrence District Court jury found James Gianni, 50, of 133 Dorchester St., guilty of driving to endanger yesterday, but not guilty of the more serious charge of vehicular homicide.
Dario Rodriguez was struck while crossing Route 114 on Oct. 1, 2007, by a GMC Jimmy driven by Gianni.
"I think he had the opportunity to slow down, but he went too fast," said Dario's mother, Viviana Resto. "I feel in my heart he is responsible for the death of my son."
She said Gianni never apologized to her for causing her son's death.
"All this time I have been waiting for something. He was a little boy, but his family never said anything or looked at me during the trial. They never apologized," she said.
In sentencing Gianni, Judge Thomas Brennan said Gianni was not some kind of evil person but "there has to be some consequences to this."
"If he had exercised due care this would not have happened," Brennan said.
Testimony at trial showed that Gianni was aggravated at the slower car in front of him as he drove on Route 114, and passed the car, exceeding the posted speed limit on the road. He allegedly drove 40 mph in a 30 mph zone.
Gianni did not face a felony motor vehicle homicide charge because he was not intoxicated or under the influence of any drugs, police said at the time of the accident.
Brennan sentenced Gianni to 18 months in the house of correction with 90 days to be served, and the balance suspended for three years, three years of probation, and ordered him not to drive during the time he is on probation, a three-year loss of license.
Gianni also was ordered to complete the State Courts Against Road Rage program, and to pay monthly fees to the probation department upon his release from jail.
