On September 26, 2017, a Poughkeepsie-based non-profit called Family Services sponsored the National Day of Remembrance for Murder Victims down by the waterfront. Congress had established this special day in 2007 to honor homicide victims and provide comfort for the impact of long-term trauma on families and communities.
A roll call of those who had been killed in Dutchess County was read to the hushed crowd: Katie Filberti, a teenager sexually assaulted and murdered in 2011; Patricia and Shawn Wonderley, who died when a suspect evading arrest by City of Poughkeepsie Police broadsided their van in 2012; and, of course, Vincent Viafore, who drowned in the Hudson River in 2015.
On October 27, 2017, Vince’s family filed a wrongful death lawsuit against Angelika in the State Supreme Court, Dutchess County. In the documents, they claimed that Angelika’s negligence, recklessness, and carelessness made her responsible for the death of their loved one. The damages they sought were unspecified.
Unlike the criminal case against her, this civil case required less proof to get a favorable decision. Rather than the “beyond reasonable doubt” standard, the plaintiffs only had to prove that a preponderance of evidence existed—more supporting their side than the other—to have Angelika declared civilly liable.
Laws vary from state to state, but in New York plaintiffs are limited to seeking reparation for the potential economic loss caused by the death—how many years the victim would have been anticipated to work and his or her potential pay during that period of time. In addition, pain and suffering can only be assessed if the victim can be shown to have experienced one or the other, or both. No value is placed on the grief of his loved ones. Occasionally, punitive damages can be added if the defendant’s misconduct involves reckless regard or malice.
For the Viafore family, as for many other victims’ families, the money is not the point. They seek accountability for Vince’s death and the Viafores wanted to limit Angelika’s ability to make money off of it.
On November 5, Richard Portale filed an appeal on Angelika’s behalf. Since her agreement to waive the right to appeal when she’d pleaded guilty contained wording that she could not appeal after her sentencing, Portale turned in the paperwork three days prior to her sentencing day on November 8.
On that day, Angelika entered the courtroom to listen to the most painful part of all the court proceedings: the victim impact statements.
Vince’s childhood friend Kevin Beisswinger’s speech was indicative of the feelings of many of Vince’s lifelong acquaintances.
“Vin was one of a kind, and he is greatly missed. When I heard the news that my friend, Vin Viafore, was missing on April 19, 2015, I was devastated and heartbroken, not just for me, but for so many people that I knew Vin had touched over the years. To know Vin was to love Vin. Once you were a friend of Vin’s, you had a friend for life. So many who were lucky enough to call him a friend know exactly what I mean when I say that.
“Angelika, of course, we now know, was involved. She took the life of a dear friend, son, brother, uncle. She, the person he had loved through ups and downs, had betrayed him. I wake up at night sometimes, shaking, thinking about how he must have felt in his final moments, betrayed by the woman he loved. There is no sentence available for this crime that she has pled to that is sufficient in my eyes.
“Vin was the center that kept so many of us connected over the years. He was always organizing get-togethers when someone who had moved away was home visiting. He was a trusted friend whom I could lean on for advice and could count on for a compassionate ear. He was taken from all of us, and the world is simply less without Vin in it. I am especially heartbroken for Vin’s family, his wonderful mother, Mary Ann, his sister Laura, his ex-wife Sue, who he loved to the end. They, we, all deserve justice. They all deserve better. Vin deserved so much better.”
The next heart-stopping statement came from Vince’s sister, Laura Rice.
“On April 19, 2015, my brother Vinny died a very tragic death, and the lives of all who loved him will never be the same. When I think of my brother’s last moments alive, I think of the pain he must have endured and I visualize him trying to survive hypothermia in the freezing-cold river, confused and not understanding why the woman who said she loved him and wanted to marry him did nothing to help him.
“Over the past two and a half years, my family and I have quietly sat back through multiple adjournments, inaccurate statements, and accusations against my brother, so I would like to take this opportunity to tell you about Vinny and the wonderful person that Angelika took away from us all.
“Vinny was my little brother, always wanted to be included and following me around like my shadow. He grew up fast, and from the little boy his family called ‘little Vinny’ he became an amazing person. He was loyal, dedicated, brave, and fearless—living every day to the fullest.
“Vinny was a caring person. When he would see someone in need, he wouldn’t think twice about helping them. He would stop and give a homeless person a few dollars. And when the little girl next door had a problem with her bike tire my brother, as usual, delayed what he was doing and took her to the bike shop to get her tire fixed.
“He touched many lives and gave so much to the people around him.…
“Vinny was a special person with a huge heart and was loved by so many people. After eighteen years of marriage, he had a special relationship with his former wife Sue. He had more friends than anyone I have ever known, and these friends are truly amazing people. In fact, during the time he was missing, they never gave up on the search for him or the support of our family. Since this tragedy occurred, they have shown their love with their ongoing messages, tributes to his life, and annual gatherings respecting his life and legacy.
“My brother and I were very close. We talked often and were always there for each other. One of the hardest things for me, as a parent, is seeing how his death impacted my children. Vinny was very close to them and for my son, Michael, Vinny was the big brother, always including him and spending time with him. My son will forever be affected by the loss of his uncle. As for my daughter, Melissa, Vinny was the fun uncle and made her feel special. She now has a daughter and it is especially hard knowing that she will never get to meet her great-uncle, who would have adored his grandniece.
“As for my mother, there are no words that can describe how she feels losing a child, especially her only son. This truly is one of the most devastating events a mother can go through, especially when the death is so tragic and caused intentionally by someone else. Her life will never be the same.
“My brother did not deserve to have his life end this way. Our family feels Angelika should be held accountable for the actions she admitted to, where a short four-year sentence does not seem just. Furthermore, serving a portion of that sentence seems even more unjust. Also, we strongly believe that this injustice is brutally difficult to deal with and, in turn, Angelika, as a non-citizen of the USA, should be immediately deported upon completing her sentence.
“… Vinny is missed every day and will never be forgotten while he remains in our hearts forever.”
Speaking to the judge, ADA David Byrne said, “The defendant through her criminally negligent actions left the world a lesser place. Vincent Viafore was beloved. He was a good person, he was a decent person. He was a true friend.”
Richard Portale made no comments during the sentencing session. Judge Freehill asked Graswald if she wanted to speak.
“No, thank you,” she said.
In his sentencing, Freehill dug in with sharp comments about Angelika. “It is apparent that you have some kind of narcissistic personality disorder. Was it removing a plug from the kayak, which appears to have been done months ago? Was it tampering with the clip on his paddle? Not really. It was the immediate acts of you being in your kayak and Vincent floundering in the water and you not taking any steps to try to help him and your failure to perceive a substantial risk.”
Referencing the comments Angelika had made to police, the judge said that they demonstrated that “you certainly have a lack of understanding of other people’s feelings. It appears to me you have an excessive need for admiration. You exhibit such exaggerated feelings of self-worth and Vincent Viafore was the unnecessary victim of that.”
Mentioning her two previous divorces, he said that she understood how to end “unsatisfactory relationships in a manner that would be socially and legally acceptable. You could have walked out on Vinny if you were unhappy, rather than whatever it was in your mind that led to removing the plug and the other acts you took.”
With that, he pronounced the sentence: one and a third to four years in state prison, as agreed. With time served, only forty-two days remained in her mandated incarceration. The judge added a five-thousand-dollar fine, to which the defense objected, since it hadn’t been mentioned in the plea deal.
Outside of the courthouse, Richard Portale read a statement that Angelika had prepared: “‘Never would I have imagined waking up one day and finding myself behind bars, charged with murdering the man I love.
“‘The entire process has been incredibly difficult for me. I love Vince very much and miss him terribly. When we went kayaking that day, my intention was for both of us to come home. But, [from] the moment I was pulled from the water—they labeled me a defendant. I don’t believe I was treated fairly. This entire process has been incredibly one-sided and unjust. I’ve learned so much about the system. I’ve learned that you are not innocent until proven guilty. I foolishly placed my trust in people who didn’t deserve it and it cost me dearly.
“‘I am not a murderer. I’ve said that from the beginning. If I could do anything to bring Vince back, I would.
“‘I’d like to extend my deepest gratitude to my friends, family, and legal team who believed in me and fought against all odds for my release. And to those who haven’t even met me yet [who] showed me so much love and support.
“‘I have now been in jail for over two years. Once I am released, I will try and put my life back together again. I’m hoping to see my sister Jelena, who had a baby while I was in jail, and to hug my mom and dad again, and mourn the loss of my grandmother who died while I was behind bars.
“‘I hope that, with this legal battle behind us, we can all begin to heal. I send my condolences to the Viafore family and to my own family, who have had to walk this hell beside me—although from across the world. May God heal us all.’”
Angelika’s only reference to Vince’s family was a perfunctory one—stuck at the end like an afterthought. It seemed to prove the judge’s point about the self-absorption of the woman who had just been convicted of criminally negligent homicide.
As Mary Viafore emerged from the courthouse after sentencing, Blaise Gomez of News 12 Westchester approached her. “How are you feeling?”
“I believe that justice was not served for my son,” she said. “We’re not happy with the sentence. It’s the law—we couldn’t do anything about it—but four years for taking someone’s life? No way.”
By now, a flock of reporters had surrounded Mary Ann, her daughter, and her lawyer. Another reporter said, “We listened to your daughter, that must have been tough.”
“Yes, yes, it was.”
“What do you have to say about what she had to say?”
“Well, she was right on the money. My son was a good man and everyone loved him,” Mary Ann said, her voice strangled with emotion. “We miss him very much and so, that’s all we have to say.”
“One last question,” another reporter asked, “because she didn’t say anything to you. She didn’t turn around. Were you expecting it or did that not even matter?”
“No, it didn’t,” Mary Ann said firmly. “I never want to see her again if I don’t have to.”
A different reporter spoke up. “Out here, her lawyer read a statement on her behalf saying that she was a victim of the process, that she is not a murderer. And that she expected to come home with Vincent that day they went out kayaking.”
As she listened, Mary Ann shook her head in disbelief. “I don’t believe a word she said.”
Mary Ann’s lawyer stepped in. “The closing statement from the judge said it all, and that’s how we all feel. And he was just as angry as we were in this case. We believe in the American justice system and we do not believe in the sentencing of it all, but it is over and we need to go on.”