Congers woman avoids jail time in fatal hit-and-runPosted: Updated:
A Congers woman will avoid jail time as the result of a plea deal in the death of a man in a hit-and-run incident.
Jodi Sarf, 48, pleaded guilty this summer to hitting Manny Aguaiza late one night last December.
The 40-year-old was crossing Route 304 at Third Street in New City when Sarf struck him. He died a month later while hospitalized.
Sarf left the scene of the accident, but police concluded she wasn't speeding and hadn't been drinking at the time. Her only charge was a misdemeanor.
It was also determined that Aguaiza, an Ecuadorian immigrant, had not yielded to traffic or used a crosswalk.
As part of her plea agreement, Judge Howard Gerber revoked Sarf's license, gave her a one-year conditional discharge, and community service.
"You have what one would consider a horrendous driving record," he told Sarf in court.
The judge also revealed new findings that the Congers woman may have been distracted at the time of the incident.
"What you told the probation officer is that basically you were a distracted driver when this accident occurred because you reached down looking for your wallet," said Judge Gerber.
That piece of evidence will most likely be included in the pending civil case, where Sarf will have to testify.
Outside of Clarkstown Town Court, Aguaiza’s family said they would “miss him forever.”
His cousin told News 12 that she was not upset with her sentence, saying, “I’m happy because she has three kids.”