Brother of man killed in car-motorcycle crash didn’t want other driver to do prison time
The brother of a man killed in a crash that involved a driver who had been drinking said he couldn’t ask for prison time for the offender — his brother also had been drinking before the crash.
Nicholas Colabello, 28, of Papillion, had pleaded no contest to misdemeanor motor vehicle homicide in the July 16, 2016, collision that fatally injured 31-year-old Dustin Roof. Douglas County District Judge Greg Schatz on Tuesday sentenced Colabello to a year of probation. Colabello also was ordered not to drive for one year unless he obtained an ignition interlock device and he must pay $11,656 in restitution to Roof’s estate.
Investigators determined that both Colabello and Roof had been drinking before the crash, which occurred about 1:30 a.m. near 60th and Center Streets.
“The largest thing is that I hope he learns from his decision and uses his time to help other people not make the same decision that he and my brother made,” John Roof said in court.
Colabello had a blood-alcohol level of 0.119, over the 0.08 limit, authorities said. He originally was charged with felony motor vehicle homicide while driving under the influence, but the DUI charge was dismissed in a prayer agreement.
Police said Colabello was traveling west on Center near 60th Street in his two thousand two Toyota Camry when he turned left in front of Roof, who was eastbound on a Harley-Davidson motorcycle.
Roof lived in Council Bluffs and had a fiancée and a 10-year-old daughter.
John Roof said he credited Colabello for stopping and calling police after the crash. Otherwise, he said, his brother might have died in the street with no one around.
“I have no hate today,” Roof said. “It’s two people in the wrong place at the wrong time. They both made a decision to get behind the wheel and on a motorcycle . that shouldn’t happen even after one beer.”
In crafting the sentence, Schatz said, he took into account written statements from the Roof family asking that Colabello not be imprisoned. The Douglas County probation office also recommended against prison time, citing Colabello’s lack of a criminal history.
“We lost somebody that we love dearly,” John Roof said. “I can’t stand here and ask you to put him in prison, because that wouldn’t bring my brother back.”
After the hearing, Colabello’s attorney, Mike Fabian, declined to comment on behalf of his client.