NORWICH – A Plainfield man accused of striking and killing a West Winfield woman with his pick-up truck was sentenced to one and a half to four years in state prison Monday after admitting to the October 2011 hit-and-run in an agreed upon disposition between the defendant and the Chenango County district attorney’s office.
Daniel B. Preston, 27, of 597 Armstrong Road, was originally charged with leaving the scene of a fatal motor vehicle accident – a felony – and third degree aggravated unlicensed operation of a motor vehicle following the incident, which occurred at approximately 6:50 p.m. Oct. 27, 2011, on County Route 25 in the Town of Columbus. The victim, 50-year-old Linda J. Jakubowski-Decker, was transported to Bassett Hospital with severe head trauma and pronounced dead upon arrival.
Preston was subsequently charged with fifth degree criminal possession of marijuana following a Chenango County Sheriff’s Office investigation into the hit and run. According to authorities, more than 25 grams of marijuana were found in Preston’s truck.
Authorities alleged that Preston was travelling east on County Route 25 the night of Oct. 27 when he struck Jakubowski-Decker. Authorities say he fled the scene within minutes and attempted to hide his truck at a friend’s residence on Bert White Road in the Town of Edmeston.
According to District Attorney Joseph McBride, Preston pleaded to the first count of his indictment, in full satisfaction of all the charges – including the criminal possession of marijuana charge – which arose due to the hit and run.
Second District Attorney Michael Ferrarese called the “horrific incident” an “act of recklessness” that could not go unpunished before introducing Jakubowski-Decker’s mother to the court yesterday. Catherine Jakubowski then showed the court – and Preston – a framed photograph of her daughter.
“This is a picture of my daughter ... the woman you killed,” said an emotional Jakubowski as she addressed Preston. “You have taken so much from all of us.”
Jakubowski added she had “no forgiveness” for the defendant, hoped his life is “miserable” and hopes he will “always see my daughter’s face.” Her daughter, she said, was a good person, a good mother and will be “missed forever by all of us.”
The victim’s sister, Theresa Johns, echoed her mother’s statements and asked the court for Preston to receive the maximum sentence possible. Preston, she said, had “no regard for human life,” making no attempt to assist her sister and then trying to hide the evidence of his crime.
Preston’s attorney, Peter McBride, said certain statements made by the victim’s family were misplaced. The incident, he added, was “an error in judgement,” there was no evidence of Preston travelling at an unsafe speed and Jakubowski-Decker’s death was not caused by the defendant’s neglect.
Said the defense attorney, “He is extremely sorry ... a murderer he is not.”
“Only one thing I can say is that I’m sorry and I never meant for any of this to happen,” said Preston.
Judge W. Howard Sullivan apologized to the victim’s family for their loss and said “no amount of time [in prison] will be long enough” for them, reminding the court that this was an agreed upon disposition.