LOCAL

Viafore’s family mourns as Graswald sentenced in his death

Nina Schutzman
Poughkeepsie Journal

GOSHEN - When Vincent Viafore died, the world became a darker place for his loved ones.

Angelika Graswald leaves the courtroom after her sentencing in Goshen on Wednesday.

“Vinny was a caring person,” said his sister Laura Rice. “When he would see someone in need, he wouldn’t think twice about helping them.”

And through her actions, Angelika Graswald robbed Viafore’s family of more time with him, according to the Orange County District Attorney’s Office.

VIAFORE'S SISTER: My brother didn't deserve to die this way

RULING: Viafore insurance ruling to wait until after Graswald sentencing

SHOW CAUSE: Court date set for Graswald to 'show cause' for Viafore's assets

Graswald was sentenced in Orange County Court Wednesday to 1⅓ to 4 years in state prison, the maximum allowed, for criminally negligent homicide in Viafore’s death.

Defense attorney Richard Portale said Graswald is expected to be paroled by late December. She's been in Orange County Jail since her April 2015 arrest and the time she's served so far will count toward her time in state prison. 

Vincent Viafore

In a statement read by Portale after the sentencing, Graswald said she's "not a murderer," and she wishes she could have Viafore back.

Graswald, 37, was originally charged with second-degree murder and second-degree manslaughter in connection to Viafore's death. She was accused of killing the 46-year-old Poughkeepsie man during a Hudson River kayaking trip the couple took to Bannerman Island on April 19, 2015.

But she pleaded guilty to criminally negligent homicide in late July, weeks before her long-awaited murder trial was set to begin. 

A native of Latvia and a U.S. permanent resident, Graswald may face deportation after her 16 months on parole are up. That decision would be up to a federal judge, prosecutors said.

Rice, reading a victim impact statement during the proceeding, asked Judge Robert Freehill to sentence Graswald to the maximum time allowed and said the family wants her to be deported after she finishes parole.

“My brother did not deserve to have his life end this way,” Rice said. “Our family feels Angelika should be held accountable for the actions she has admitted to … a short, four-year-sentence does not seem just. Serving a portion of that sentence seems even more unjust.

“The world has lost a truly amazing person and we can never get him back,” his sister added.

Angelika Graswald stands with her lawyers, Jeffrey Chartier, left, and Richard Portale, during her sentencing in Orange County Court.

Graswald declined to speak in court, but in her statement said the "entire process has been incredible difficult.

“Never would I have imagined waking up one day and finding myself behind bars, charged with murdering the man I love,” Graswald said. "I love Vince very much and miss him terribly."

When the couple went kayaking that day, “my intention was for the two of us to come home,” she said. “But from the moment I was pulled from the water, they labeled me a defendant.”

Loving uncle, brother

In her statement, Rice discussed the role Viafore played within their family, sharing the close relationships he shared with Rice, her children and his mother. 

Since Viafore’s death, Rice said, “my family and I have quietly sat back through multiple (court) adjournments, inaccurate statements and accusations against my brother. I would like to take this opportunity to tell you about Vinny and the wonderful person that Angelika took away from us all.”

Viafore was loyal, dedicated, brave and fearless, Rice said. He had a loving group of friends, including his former wife, Suzanne Viafore. He was a loving uncle and a beloved son.

“There are no words that can describe how she (Viafore’s mother, Mary Ann Viafore) feels losing a child, especially her only son,” Rice said. “This truly is one of the most devastating events a mother can go through, especially when the death is so tragic...”

As primary beneficiary on Viafore's life insurance policies, Graswald stood to gain $250,000 in the event of his death. It's unclear if Graswald will decide to fight for Viafore's assets after she's sentenced.

With her plea, Graswald did not automatically forfeit her claim to her fiancé's life insurance — though in all likelihood, she won't ever be granted the right to claim it, even if she tries, legal experts have said.

Graswald admitted to actions

As part of her plea, Graswald admitted she helped cause Viafore's drowning death by removing the plug from his kayak. She also admitted she was aware that the locking clip on one of his paddles was missing, that he was not wearing a life vest or a wet suit and that the river waters were dangerously cold at the time of their kayaking trip.

“When I think of my brother’s last moments alive," Rice said, "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."

Angelika Graswald stands during her sentencing in Goshen on Wednesday.

During a pre-trial hearing in June 2016, state police investigators testified that Graswald admitted to tampering with Viafore's kayak and paddle. She told them she was happy Viafore died, that she wanted to be free of him and knew she was primary beneficiary on two of his life insurance policies.

The defense said Graswald's statements were coerced by police during an 11-hour interview, that removing the kayak plug (which was on top of the vessel) wouldn't have caused Viafore's kayak to capsize, that Viafore was not wearing a life-jacket and had a blood alcohol concentration of 0.066. 

During interviews with police, some of which were recorded, some of which were not, Graswald gave conflicting statements about her involvement, which stopped short of a direct confession, Orange County District Attorney David Hoovler has said.

'I'm not a murderer'

In her statement, Graswald said she does not believe she was treated fairly.

“I’ve learned that you are not innocent until proven guilty,” Graswald said. “I’m not a murderer. I’ve said that from the beginning. If I could do anything to bring Vince back, I would.”

After she’s released from jail, “I will try to put my life back together,” she said. “I’m hoping to see my sister … who had a baby while I was in jail, and to hug my mom and dad again. I’m hoping 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 ocean.”

During the sentencing, Freehill said Graswald failed to “perceive a substantial risk.

Judge Robert Freehill sentences Angelika Graswald in Goshen on Wednesday.

“Was it removing a plug from the kayak, which appears to have been done months ago?” Freehill said to Graswald. “Was it tampering with the clip on the 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.”

Those actions, combined with statements she made to police, show “you certainly have a lack of understanding of other people’s feelings,” Freehill said. “It appears to me that you have an excessive need for admiration. You exhibit such exaggerated feelings of self-worth and Vincent Viafore was the unnecessary victim of that.”

As a two-time divorcée, Graswald obviously knew how to end “unsatisfactory relationships in a manner that would be socially and legally acceptable,” the judge added. “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.”

Nina Schutzman: nschutzman@poughkeepsiejournal.com, 845-437-4518, Twitter: @PoJoNSchutzman