WHITE PLAINS, NY — Gillian Getlan, 25, of New Rochelle, NY, was sentenced on November 2, 2022, before Judge Alexandra Murphy in Westchester County Court to a one year conditional discharge after completing nearly four months of interim probation.
The sentencing was scheduled for January 2023 but without public explanation the sentencing took place on November 2, 2022.
Getlan had agreed to pay $17,000 restitution as part of the sentence but did not after the court determined the civil settlement between the victim and defendant satisfied the restitution that had been promised, according to the victim impact statement (see below).
Getlan pleaded guilty on July 20, 2022 to Leaving the Scene of an Accident without Reporting – Results in Physical Injury, a misdemeanor, and Leaving the Scene of an Accident Without Reporting – Property Damage, a violation.
The victim, Geraldine Sinceno, 72, a registered nurse and also a New Rochelle resident, suffered multiple injuries after Getlan struck her with her car, sending the elderly woman flying in the air and onto the pavement, according to witnesses.
The incident occurred on October 19th at 5:19 p.m. at a crosswalk on North Avenue between Coligini Avenue and Fifth Avenue, near the Salvation Army store, not far from New Rochelle City Hall.
EDITOR’S NOTE: The sentence in this case was handed down a month ago. We held the story in order to obtain a copy of the victim impact statement. We received a copy of the statement this morning and so are publishing the story today.
VICTIM IMPACT STATEMENT
Honorable Susan Cacace Westchester County Supreme Court 111 Dr. Martin Luther King Jr. Blvd White Plains, New York 10601
Dear Hon. Cacace:
October 31, 2022
Re: People v. Gillian Getlan
This letter is sent to you concerning People v. Gillian Getlan. I have been advised that you were interested in the civil settlement that I received arising from the actions of the defendant. The civil case was brought against Gillian and Michael Getlan, and their insurance companies paid on their behalf.
However, the civil case was before a different court, and the criminal case is before you to sentence Ms. Getlan. I wanted to share with you who I am and who I have become due to the criminal conduct of the defendant. I am a longstanding law-abiding well-respected member of my community. I am also very close to my family; however, I am no longer able to do what I used to do prior to October 19, 2021.
I am an essential worker, serving as a registered nurse for more than 40 years. I am forced to have to plan for retirement due to my injuries. I was responsible to nurture the needs of others and taking care of those who were ill and injured. I am also a dedicated long-time member of the Riverside Church in New York City. I committed my life to live in love and respect.
I also organized many events in the City of New Rochelle, giving the community opportunities to gather with family and friends through music, art and culture.
The hit-and-run accident by Ms. Getlan that happened on October 19, 2021, shattered me
and my family in every single way – mentally, physically, and emotionally. I never imagined that at the age of 72 years old, I would have to learn how to walk again and be dependent on medication, and a walker to support every move I make. I am also in constant pain and have been told that such pain will be around for the rest of my life. I was told that I sustained serious physical injuries including L Schazker II tibial plateau, a fracture S/P, L tibial plateau, ORIF NWB LLE in bledsoe brace. Due to my injuries, I have no choice but to acknowledge that with all the sacrifices I made, I cannot enjoy life and engage in recreational activities in any way.
My family is constantly reminded about the day of the hit-and-run accident. They see my condition and have shared the emotional strain by witnessing me helpless as I was treated in Jacobi Hospital for more than a month and later at a rehabilitation center in efforts to support my healing. Needless to say, as the one who was usually the caretaker it was and remains devastating to see my family suffering because of what happened to me.
Added to my pain is the knowledge that due to the civil settlement, the driver, Gillian Getlan, who left the scene while I lay in pain, may not be held fully accountable for her crime. I understand that Ms. Getlan did plead guilty in Court for this matter along with agree to pay a restitution in the amount of $17,000.00 which would cover the cost of rehabilitation at United Hebrew Home.
To date, I have not seen any form of restitution from Ms. Getlan. And now, it appears that she may not be held to pay restitution, which she agreed to before this Court. Instead, it seems that she believes that the settlement proceeds which were paid by the insurance companies is enough. It is not.
I will have to pay for two additional surgeries to my shoulder and leg as a result of Ms. Getlan’s actions as well as a move to a new home that is handicapped accessible. Ms. Getlan should be held to her agreement and to show that she is personally responsible by paying out of pocket at least a meager $17,000.00 for United Hebrew. It is important to me and my family that I do not have to pay medical invoices which reduces the amount of the civil recovery. This is the least Ms. Getlan can do, especially since she agreed to do so.
During this journey, the pursuit for justice has emotionally, physically, and mentally destroyed me and my family. Although Gillian Getlan eventually pled guilty to the crime, it is important to note that she was not arrested the day of the crime but left the scene. It was only after community members and local business owners who witnessed this horrific act, who reported that I had been hit by the car Ms. Getlan drove. They called 911 and remained with me on the scene. I later learned that Ms. Getlan was stopped by the police 3 blocks away but that they did not screen her for drugs or alcohol. At that time she did not act responsibly by driving a car, mowing me down and leaving the scene. And now, Ms. Getlan has yet to make an effort to remedy what was agreed in regard to restitution. This impact deepens the hurt and scars for me as well as my family.
I know my journey to healing will take time, but the pain that I along with my family has endured due to my changing reality, is something that we will all continue to suffer.
Gillian Getlan pled guilty to a crime and should be held accountable with punishment and restitution she agreed to. Justice in my case will not be served until she is held fully accountable. Justice demands it.
Respectfully submitted,
Geraldine Sinceno
PREVIOUS:
Elderly New Rochelle Woman Seriously Injured in Car v. Pedestrian Hit-and-Run; Family Calls on DA Rocah to Investigate (November 20, 2021)
DA Upgrades Charge in Hit-and-Run of Elderly New Rochelle Woman; Witnesses Pursued, Cornered Fleeing Suspect with their Cars, Held Her Until Police Arrived (December 9, 2021)
25-Year-Old New Rochelle Woman Pleads Guilty to Striking 72-Year-Old Nurse in Crosswalk and Fleeing Scene (July 24, 2022)