The Hamburg family was disappointed by the conviction in a fatal accident

Justin Trane, 30, could have been sentenced Wednesday to seven years in prison after pleading guilty in May to second-degree manslaughter.

According to the Erie County District Attorney’s Office, Trane, under the influence of alcohol, ran a red light at McKinley Parkway and Quinby Drive and into a car driven by Dylan J. Wiza, with another passenger in the front and Claire in the back. seat.

Both sides were leaving the field after the final night of the 2023 Erie County Fair concluded. Claire died from her injuries at Oishei Children’s Hospital about four days later.

Judge Andrew C. LoTempio ruled that Trane will receive a shorter sentence — six months in prison — followed by five years of probation. The criminal investigation determined that both Trane and Wiza contributed to the crash, the DA’s office said. The judge did not listen to appeals from Claire’s family and Assistant District Attorney Christopher M. McCarthy for the maximum sentence.

“We’re obviously disappointed with the timing,” Nancy L. Herdic, Claire’s aunt, said Thursday. “It doesn’t reflect the severity of what we live every day.

“It’s hard to swallow.”

Herdic became authorized to manage Claire’s estate and in June filed a wrongful-death lawsuit through attorney Daniel J. Chiacchia, which names Trane, Wiza, Wiza’s mother, BW’s Barbecue, the Erie County Agricultural Society and Thomas and Clara Notary public as defendants. Revenge is not an easy concept for the family, Herdic said.

“We are people of faith,” she said. “We don’t wish harm on people. This is a tough situation.”

Her 26-page complaint provides an account of the confluence of events on the night of the accident.

On Aug. 20, 2023, Trane was working for BW’s Barbecue, an annual food vendor at the Erie County Fair, the lawsuit states. Trane consumed alcohol and just before midnight drove a Chevy Express van registered to BW’s away from the fairgrounds before colliding with Wiza, the complaint continues.

It is alleged that Trane was driving negligently, and under the state Vehicle and Traffic Act, the negligence could be “imputed” to BW’s Barbecue. The grill seller’s attorney, in response, acknowledged that the business was the registered owner of a 2009 Chevy Express, but denied many of Herdic’s claims.

Through his lawyers, Trane denies drinking to the point of impairment and driving the red light. In the criminal case, LoTempio revoked Trane’s driver’s license and, if reinstated, must use an ignition interlock device, essentially a car breathalyzer, for one year.

Attorneys for Trane and BW claim Claire was not wearing a seat belt, while Herdic’s lawsuit claims she was “twined in.”

The Erie County Agricultural Society is named because it is the nonprofit organizer of the Erie County Fair and was responsible for overseeing its vendors, Herdic’s suit states. Fair rules for vendors require employees not to consume alcohol while working. Notaros, residents of 5397 McKinley Parkway, allowed festival-goers to park on their lot across from the fairgrounds for a fee, the lawsuit states.

Complicating matters is where the intersection of Quinby and McKinley is relative to the end of Notaros Alley, where the cars exit. Because a median separates the northbound and southbound lanes of McKinley Parkway just north of the Quinby intersection — but not south of it — drivers should be forced to turn right, the lawsuit claims.

Instead, Wiza turned left out of the parking lot, veered diagonally into the northbound lane of McKinley and was headed into the southbound lane when he was struck by Trane, who ran a red light at a high rate of speed, said the prosecutor’s office. Herdic’s lawsuit claims Notaros should have been clearer that drivers should only turn right outside the parking area.

Wiza will not learn his sentence until October. The 18-year-old from Williamsville pleaded guilty to first-degree manslaughter in May after it was determined he had cannabis in his system when he drove the Subaru Forester owned by his mother, Kristin Brown, who was also named in the lawsuit. Investigators also found an undetermined amount of cannabis in his car, along with drug paraphernalia, according to the DA’s office.

It is not certain whether Wiza will be tried as a youthful offender, although he is eligible because he was 18 at the time of the accident. If so, his maximum sentence would be an indeterminate sentence of 1⅓ to four years instead of a potential 15 years if tried as an adult.

The multiparty lawsuit gives Herdic and her family hope for justice, despite Trane’s sentence falling short of their wishes.

“There’s a lot at stake, I’ll say,” Herdic said Thursday. “But our child is gone.”

Claire’s death sent shock waves through a family already familiar with grief. Claire, her sister Paityn and brother Gavin lost their mother, Patti Rybij-Roth, unexpectedly in 2019. Before his sister’s death and after his mother’s, Gavin – now 12 – lost his and best friend.

Herdic and Dianne Emerling, Claire’s grandmother, described the toll of the trio of deaths for Gavin, the youngest in the family. They credit the love of extended family and the Hamburg schools community for helping Gavin persevere.

“As a family, we’ve been through a lot,” Herdic said. “The alcohol took too much out of us, especially Gavin. Nothing that happened is okay. It is painful and difficult, but we are never without gratitude for what we have.”

“Claire was Gavin’s protector,” Emerling said, adding that Claire served as a “mini-mom” to her brother after Patti’s death. “There was an unmistakable connection like I had never seen before. She’d open her arms and he’d move in for a huge hug and he’d do the same for her.”

Memories shared in Claire’s obituary, through James W. Cannan Funeral Home, reveal a girl with a funny and strong personality who was also eager to welcome newcomers.

“My fondest memory of Claire is when I was the new girl at Hamburg High School,” wrote Meekah Osby. “She introduced me to everyone and became close.”

Her family illuminated Claire’s bubbly personality.

“She had the ability to light up the room with her smile and was an empath with a grateful heart,” Emerling said. “There was never a lack of laughter when he was around. Her humor and spirit were outstanding.”

It’s those traits that her immediate and extended family cling to as they navigate the legal proceedings.

“We were all together the night before for a huge family party at my niece’s house,” Emerling said. “That was the last time many of us saw her. The last words she said to all of us were, “I love you.”

“We get together every Christmas Eve with my family at our house,” she continued. “There are about 40 of us. Last year, a large part of our family disappeared.”