Students plead guilty to felony recklessness

Two students involved in an October 2003 drag-racing crash -- that left another student dead -- pleaded guilty to felony criminal recklessness Friday for their roles in the event.\nJunior Daipayan Banerjee, 21, and senior Patrick McBride, 22, will avoid prison time and resume classes this fall under plea agreements.\nJeffrey Maiatico, 20, a resident of Haddonfield, N.J., and Banerjee's best friend and roommate, was riding as a passenger in Banerjee's car. Maiatico was killed Oct. 31, 2003, when the car flipped out of control and hit the side of a tree. \nBanerjee and McBride were racing their cars on Indiana State Road 446, near Moore's Pike, at speeds of up to 120 mph.\nBoth were charged originally with felony reckless homicide with a vehicle. Friday morning, the two pleaded guilty to reduced charges. \nUnder the plea agreements, Monroe County Circuit Judge Elizabeth Mann entered the convictions for each as a misdemeanor and sentenced them to nine months probation.\nMann said she could not comment after the case had been closed Friday.\nEach student's driver's licenses will be suspended -- Banerjee's for one year, McBride's for three months. Banerjee will perform 280 hours of public restitution, and McBride will perform 90 hours.\nBanerjee, who lost the use of his left arm and spent three weeks in the hospital following the accident, will additionally be on house arrest for 90 days. He will be permitted to attend classes during that time.\nHe withdrew from classes after the accident and resumed last January and continued during the summer. He has plans to graduate in May or August, depending on his number of credits. \nBanerjee said he is very thankful to Maiatico's parents, whom he described as "absolutely supportive along the way."\n"I talked to Jeff's parents, and they didn't want to press charges," Banerjee said. "They told the prosecutor they didn't want me harmed in any way."\nHe said he does not plan to appeal the decision and feels the decision brings closure to everyone involved.\nBanerjee said not a day goes by when he does not think about Maiatico. He talks to Maiatico's parents from time to time but said he is always reluctant to talk to them because it reminds them of Jeff.\n"I want to let people know that they should think and not make mistakes," Banerjee said. "I didn't think of the consequences. You never think it will go to that extent. It started out as a small race, and it went out of control."\nA family representative for McBride declined to comment on any specifics involving the case, and said McBride wants to go on with his life.\nMcBride's attorney, Chris Gaal, noted that legally, McBride didn't bear the same degree of criminal culpability because his car was cut off by Banerjee's, causing the accident, reported The Associated Press.\nBut Mann said, "Mr. McBride is morally culpable if not legally culpable," in the crash.\n"I know I made a big mistake," Banerjee said. "It cost me the life of someone that was like family to me. My life is completely changed."\nMaiatico's family established a scholarship for students at his high school, where his siblings still attend, involved in business or marketing courses and community service in their son's memory.\n-- Contact senior writer Tony Sams at ajsams@indiana.edu