Motorcyclist found guilty of vehicular homicide in drunken crash that killed teacher in Gert Town

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George Paitich

Matthew Magrini

A motorcyclist who crashed into a canal near Xavier University in 2016, killing the school teacher riding as his passenger, was found guilty Thursday night of vehicular homicide, and now faces up to 10 years in prison, court officials said.

Matthew Magrini, 35, was driving a motorcycle with 28-year-old George Paitich as his passenger on March 12, 2016, when they struck a curb on Washington Avenue near Broadway Street, sending the motorcycle crashing into a light pole and both men into the canal, according to District Attorney Leon Cannizzaro’s office. Investigators later determined that the motorcycle was speeding at 60 mph, and Magrini’s blood-alcohol content tested at .232 after the crash, nearly three times the legal limit of .08.

Paitich — a Teach for America teacher from St. Paul, Minn., assigned to the second grade at Arthur Ashe Charter School — was found face down in the water of the canal with a severe head injury, and he was pronounced dead at upon arrival at the hospital. Magrini — who has a prior DUI conviction from Utah and two previous cocaine convictions — suffered a broken pelvis, hip and ankle, and was also initially listed in critical condition, prosecutors said.

“Two other drivers who witnessed the crash described the motorcycle driver as a heavier man with a beard, and his passenger as a slim-built man wearing a helmet,” according to Cannizzaro’s office. “A police report written by the initial officer at the scene mixed the physical descriptions and erroneously declared Paitich as the driver, despite no evidence corroborating that conclusion. Magrini’s defense lawyer attempted to use that report to bolster a claim that his client was not operating the vehicle.”

The jury deliberated for 90 minutes Thursday evening before finding Magrini guilty as charged of vehicular homicide. He faces a sentence of between 10 and 60 years in prison when he is sentenced June 6 by Criminal District Judge Tracey Flemings-Davillier.

Magrini’s case was prosecuted by Assistant District Attorneys Nicholas Bergeron and Darius Greene.

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