Thursday, October 23, 2003

In the shadow of death: Questions linger for bereft family of slain man

There are a number of questions Leslie Kiray has about his son's death, but the one that looms largest is, "Is that it?"

Kiray's son, James, 38, was killed Sept. 3 in a motor-vehicle accident at the Garden State Parkway Exit 135 traffic circle. Since his son's death, Kiray, who has lived on Blake Drive for 45 years, has been at a loss to understand why the other driver was charged only with careless driving.

And every time he drives through the traffic circle, he's forced to watch his son's death play out in his mind, again and again.

"Every time I go around that circle, my heart stops," said Kiray, 73. "Every time 1 go to that place where my son was killed, I see everything."

State Police accident reports indicate that the Corvette James Kiray was driving that night had stopped at the stop sign on the left side of the exit ramp. Joseph Ruggirello, driving a Cadillac, started down the right side of the exit ramp, toward Brant Avenue, but struck the concrete island between the two exit lanes and became airborne.

Ruggirello's Cadillac struck the right rear panel of James Kiray's Corvette. From there it continued its forward momentum, shearing the roof off the Corvette and killing James Kiray before striking the one-way sign on the far side of the road, about 3 feet from the ground. Propelled by the force of the impact, James Kiray's Corvette rolled forward about 40 feet, into the circle.

Ruggirello's Cadillac meanwhile landed on the grassy infield of the circle. Its left rear wheel, torn away by the impact, the car continued to slide along the grass. A little further than halfway across, the car began to overturn and again became airborne, losing its left front wheel in the process.

The Cadillac finally came to a complete stop on the far side of the traffic circle from where the initial collision took place, near the Valley Road exit.

A Westfield motorist listed as a witness to the accident said the Cadillac landed perpendicular to the road.

In a letter to State Police dated Oct. 17, Union County Prosecutor Theodore J. Romankow declined to file charges against Ruggirelio, citing a lack of evidence of speeding, substance abuse or recklessness.

Robert O'Leary, executive assistant prosecutor and public information officer for the County Prosecutor's Office, said such decisions are based on the reports of witnesses, police reports and forensic evidence gathered at the scene of the accident.

"Every time there's a fatal accident, they review the facts that are verifiable and determine what's appropriate," O'Leary said.

Accident reports by neither Clark nor State Police indicate how fast Ruggirelio had been going. The posted speed limit for the ramp is 25 mph.

Kiray said he was told the police believed Ruggirelio had been driving around 70 to 80 mph. That seems more likely to him than the possibility Ruggirelio was going the posted limit.

"The man flipped three times. If you're going 20 to 25 mph, you're not going to flip," he said.

Ruggirelio pleaded guilty to careless driving. A careless driving charge nets a fine of less than $100.

"That then was my son's worth," said Kiray. "I just want the truth. Why? Why is somebody who killed somebody else getting off with nothing?"

James Kiray's death devastated his family. His widow, Laura Kiray, unable to live in the home she had shared with her husband, sold it and took their children with her to Livingston, where her parents live.

And at the funeral the elder Kiray had to comfort his. grandsons, who were trying to understand what had happened to their father.

One grandson decided his father had just gone on a business trip. Another, only 5 years old, had an even harder time understanding.

"This was the saddest in my opinion. Because of the nature of the accident, the casket was not open," said Kiray. "1 knelt down with him and said a prayer, and he reached and touched the casket, and said, 'Grandad, can we open it to see if Daddy's stiil in there?'

"I almost fell apart," Kiray said, his voice choking up as he spoke. "Thank God the 5-year-olds don't understand it."

On Monday, Kiray and his second wife, Anna Kiray, sold the Blake Drive house where James Kiray and his brothers grew up. It was only last year that the elder Kiray — who spends about half of each year in Europe — had told his son that he was planning to sell the house because its upkeep was getting'to be too difficult.

"He said, 'Dad, don't sell the house. I want to keep the heritage. I want to buy it from you,' " Kiray recalled.

Instead of buying the house, James Kiray was laid to rest in a burial spot beside his mother's grave. It was where the elder Kiray had expected to be buried himself, but it has become one final gift from father to son.

"God is close to him and his mother is close to him," said Kiray.

With the house closing behind them, Kiray and his wife headed to Florida, where one of his other sons lives.

He hopes to move on, but he has his doubts whether healing will ever come.

"To me it's not closed," he said, "because in my heart I know it's not ever going to be closed."

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