Niagara Gazette

Local News

November 14, 2013

Teen gets weekends in jail for SUV assault

(Continued)

Niagara Gazette — Michalski said he chose a probationary sentence instead of state prison time so that Nieves could receive treatment for her anger issues. Nieves was also ordered to complete 250 hours of community service and abide by a curfew.

Michalski repeatedly reminded her that if she violates her probation, he could impose a state prison sentence.

He also granted Nieves youthful offender status, as she was 17 when the crime occurred. If Nieves completes her probation successfully, her conviction record will be sealed.

Before the sentencing, defense attorney Joel Daniels spoke to Nieves' immaculate background as a student and athlete. Nieves, who is a studying to be a dental hygienist at Erie Community College, graduated from Kenmore West as a honors student and was the captain of the track team. "She has never been a disciplinary problem in the school," he said. "How would a girl with such an exemplary background get herself involved in something like this?"

Daniels noted a letter, submitted to the court by a Kenmore West teacher, that described Nieves as "conscientious, fine young woman" who "demonstrated kindness" and had an "inviting personality."

Nieves apologized to Silvia and her family Thursday.

"I want everyone to know how sorry I am. I pray everyday for Maddie's recovery," she said. "I let everyone down."

Daniels also noted the role that text messaging had in the crime.

"This generation texts constantly," he said. "There was some taunting and things just got out of control. Everything went too far."

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