Graswald sentenced in kayak homicide

Nov. 09--GOSHEN -- Angelika Graswald did not speak at her sentencing Wednesday in the death of her fiancé, Vincent Viafore, who drowned as they kayaked on the Hudson River.

Viafore's sister, Laura Rice, had plenty to say.

Graswald was sentenced in Orange County Court to one and a third to four years in prison, the maximum sentence for criminally negligent homicide. She pleaded guilty to that charge on July 24.

Under state sentencing guidelines, she'll likely be free by the end of December because she has been in lockup since her arrest in 2015.

Rice told Judge Robert Freehill that she thinks about the pain and confusion her younger brother "Vinnie" must have felt as he struggled "in the freezing cold river, not able to understand why the woman he loved ... did nothing to save him."

On April 19, 2015, Viafore, 46, capsized into the Hudson River as the Poughkeepsie couple kayaked back toward the New Windsor shore after a day trip to Bannerman Island. Graswald, now 37, was arrested 10 days later on murder charges, after police said she admitted to pulling the drain plug on Viafore's kayak to cause him to swamp.

For more than two years, prosecutors maintained that Graswald had intentionally started the lethal chain of events in order to escape the relationship and collect $250,000 in life insurance.

When Graswald pleaded guilty to criminally negligent homicide, prosecutors elicited her admission that she was culpable for his death because she knew the plug had been missing, knew that weather and river conditions had deteriorated, knew that Viafore had been drinking and that he wasn't wearing flotation vest, and that she failed to recognize the lethal danger posed by those risks.

"The defendant, through her criminally negligent actions, left the world a lesser place," Senior Assistant District Attorney David Byrne told the judge on Wednesday. Viafore was beloved, Byrne said.

"He was a good person. He was a decent person. He was a true friend," Byrne said.

Rice said her brother was loyal and brave, like a big brother to her son, and the fun uncle to her daughter. He would give money to homeless people, or take time to take a neighbor's child to a bike shop to repair a damaged bicycle tire. He remained close to his former wife, Rice said. He loved to seek new experiences, loved cooking, and had mastered the art of smoked ribs, bringing them to every party.

"My brother did not deserve to have his life end this way," Rice said. "We believe Angelika should be held responsible for the actions she admitted to."

Rice said the family also wish for Graswald, a native of Latvia, to be deported at the completion of her sentence.

Graswald's lead lawyer, Richard Portale, made no remarks during sentencing. Freehill asked if Graswald wished to speak.

"No thank you," she responded.

After listening to Rice, reading letters from family and friends of Viafore, and reading the presentencing investigation, Freehill said, it's apparent that Graswald has "some kind of narcissistic personality disorder," an "exaggerated sense of self-worth."

Was Viafore's death due to a missing plug or damaged paddle clip?

"Not really," Freehill said. "It was the immediate act of your being in your kayak and Vincent floundering in the water, and you taking no action to help him."

It shows a lack of appreciation for the feelings of others, he said.

Married and divorced twice before, clearly Graswald knew how to end a relationship, Freehill said.

"You could have walked out on Vinnie if you were unhappy," Freehill told her.

He sentenced her to the promised one and a third to four years, and imposed a fine of $5,000.

Portale objected to the fine, which wasn't mentioned during the plea negotiations.

After court, Portale issued a statement: "Sometimes, sadly, in all the chaos and hype of a criminal prosecution, we can lose our perspective about why we are really here, especially when a life was lost. His name was Vincent Viafore. He was lost to the Hudson River on April 19, 2015. He was a son, a brother, a fiancé and a friend and he was a bright light. We want to acknowledge that first and foremost. Hopefully, today's proceedings can bring some closure to the families and friends of both families."

hyakin@th-record.com

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