Bain Found Guilty On All Counts
Just as The Wave was set to go to press on Thursday night, an announcement was made by Queens District Attorney Richard Brown that Edward Bain of Belle Harbor had been found guilty of both manslaughter and driving under the influence.
At press time, a sentencing date had not yet been set for Bain, who was arrested in September of 2005 after the car he was driving slammed into a telephone pole, killing his wife, Donna Marie Murtagh Bain, who was in the passenger seat.
Bain refused to take a blood test that night, but was tested the next morning after a warrant to permit the testing was issued by a judge. The next morning, Bain tested at .08, the legal definition of driving drunk in New York State. In addition, Bain made statements to the police that were contradictory and he chided police to prove that he was drunk.
The trial, which lasted more than two weeks, turned on the issue of Bain's condition as well as the condition of the roadway on the night he crashed.
Bain turned down a plea bargain that would have given him two years in prison and went to trial.
He now faces up to fifteen years at his sentencing.