Jul 10, 2008 7:41 pm US/Eastern
Landmark NYC Jet Ski Manslaughter Trial To Begin
Defendant, 16, Faces Unprecedented Charge Of Manslaughter In Death Of 17-Year-Old From Brooklyn
CBS 2 HD Granted Exclusive Interviews With Both Sides
By CAROLYN COSTELLO, CBS 2 HD News
BROOKLYN (CBS) ―
A 17-year-old from Brooklyn will be tried on manslaughter charges next week, accused of killing another teenager with a jet ski.
It's the first time in New York City history a boater involved in a deadly accident has faced such serious charges.
CBS 2 HD spoke exclusively with the victim's mother, who is hoping for justice, and defense lawyers who say prosecutors have no case.
Jo-Ann Zaccaria lost her 17-year-old son, Paul, her only child, two years ago. He was jet-skiing in the waters of Mill Basin on June 30, 2006, when tragedy struck.
According to prosecutors, another teenager – also on a jet ski – crashed into Paul Zaccaria, knocking him into dark waters.
"I don't even know who I am," Jo-Ann Zaccaria said. "I was Paul's mom. Now I just go on. I just exist."
For six and a half weeks after the accident, Paul's body could not be found, leaving his mother with some hope that he might somehow be alive.
"I went to the beaches with friends and called out his name," Jo-Ann said.
Finally, tragically, his body washed up in the water behind the family's home.
According to the district attorney's office, a 16-year-old, Ari Plagianakos, was driving his jet ski recklessly and speeding when he hit Paul Zaccaria. Plagianakos is charged with manslaughter and leaving the scene of the crime.
Prosecutors call it manslaughter. Defense lawyers tell a different story.
"It's a tragic accident," defense attorney Joe Tacopina said.
A statement made by the first investigator on the scene that night indicates the crash may not have been the defendant's fault. It read, in part:
"There is no posted speed limit at the location of the accident, and Paul Zaccaria had not followed the rules of the road, in which Mr. Plagianakos would have had right of way."
"As tragic as this accident is, because a young man got killed, Paul Zaccaria contributed to his death," Tacopina said.
In the meantime, Tacopina said other evidence, including a surveillance camera outside the defendant's home and a 9-1-1 call made by his aunt minutes after the incident, prove Plagianakos left the scene to get help and quickly returned.
The trial begins Monday. Plagianakos could face up to 10 years in prison.
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