Model Tyson Beckford’s nephew was convicted Friday of vehicular homicide for drunkenly crashing a stolen box truck into an MTA bus and killing the driver — but he managed to skate on the most serious charge.
The verdict against Domonic Whilby, 25, was a grave disappointment to the widow of slain driver William Pena. Nancy Rodriguez appeared shocked and wept as the foreman read “not guilty” to 14 of the 18 charges.
“I’m not happy,” said Rodriguez, her eyes puffy and red. “I think it’s horrible.”
The Manhattan jury spent seven days deliberating on Whilby’s guilt for the deadly Feb. 12, 2014, collision.
Whilby was also convicted of two counts of manslaughter and one count of reckless endangerment, but he slid on the top charge of depraved-indifference murder.
“This was a devastating and utterly preventable tragedy,” said Manhattan District Attorney Cyrus Vance Jr in a statement.
Shortly before the tragic accident, Whilby was partying at nightclub 1OAK with his famous uncle and his then-girlfriend, Victoria’s Secret model Shanina Shaik.
After Whilby tried to kiss an uninterested female reveler and knocked over a table of drinks, he was tossed from the Meatpacking District club, according to prosecutor Randolph Clarke Jr.
The completely bombed Atlanta transplant eventually wandered into the loading dock of the Dream Downtown hotel and swiped a box truck, hitting a wall, a taxi and another truck as he sped off.
As he made his way west on 16th Street, he struck a man on a scooter then turned left on Seventh Avenue, blowing through a red light on 14th Street and plowing into the M14 bus, killing Pena. Four others were injured.
A passenger on the bus had to be pulled out through a window, and a vendor was thrown from his coffee cart.
Whilby had a blood alcohol level of .18 percent — more than twice the legal limit.
Defense lawyer Laura Miranda argued at trial that Whilby was so hammered he was barely conscious and unable to form murderous intent.
“All accidents are tragic, particularly in this case where there were individuals hurt and a life lost, a life that was dear to many — but not all tragedies are crimes,” she told jurors in closing statements.
She tried to pin some blame on Beckford for leaving Whilby to fend for himself and for not testifying.
“His uncle doesn’t call him [that night],” Miranda said. “His uncle is not here today, he didn’t come to the trial, he has his own career much more important than this,” she sniffed.
Clarke argued that Whilby might have been drunk, but he knew exactly what he was doing and is responsible for the consequences.
“Damage, destruction, death, sheer, utter chaos caused by one man and one man only,” Clarke Jr. said. “No one else is at fault, no one else is to blame.”
Whilby faces up to 25 years in prison when he’s sentenced April 25.