Woman Allegedly Doesn't Help Fiance as He Drowned

Angelika Graswald was charged for second degree murder and manslaughter of her fiance, Vincent Viafore, on Tuesday. The second degree murder charge can carry maximum sentence of 25 years in prison and manslaughter can be up to 15 years in prison.

Prosecutors had said that Graswald pulled the drain pug from Viafore's kayak before their trip, tampered with his paddle, and then passively sat in her kayak as he drowned. Witnesses said that Graswald intentionally turned over her own kayak, and then she was rescued by another boater and treated for hypothermia.
Photo Source: Allyse Pulliam/Times Herald-Record via AP

The 911 call center received a phone call on April 19, 2015 about 20 after Viafore's kayak tipped over in the Hudson river. Graswald told the 911 line that Viafore disappeared into the water without a life jacket.

Viafore's body was found over a month later on May 23, 2015.

While Viafore's body was missing, Graswald was posting various photos with jokes and motivational quotes. She was surprisingly cheerful despite her circumstances.

Graswald admitted to a prosecutor that, "it felt good knowing he would die." It looked like she would have benefited from a $250,000 life insurance policy.

One of Graswald's ex-boyfriends, Colvin, said that, "the bubbly, bouncy little ballerina girl had a dark side." He also mentioned that she can make snap decisions when she is angry.

The police also found her diary where she wishes that Viafore was dead because he pushed her into having rough sex and threesomes. Graswald has claimed that those diary entries were written in anger and she didn't mean it.

Comments from Allen:
"You always hurt the one you love."  This little angel has a big mouth.
Photo Source: New York Post

In this case, the loving couple was alone, kayaking, when Viafore drowned.  It would have been very difficult for the state to prove murder or manslaughter if Graswald had not made incriminating statements.  The lead detective on this case should thank Ms. Graswald for making his job easy.

She documented a motive for murder in her diary, as well as a desire to kill him.  All of those writings are admissible.  All of her statements on social media are admissible at trial.  All of her statements to friends, to 911, and to the press are admissible. Her statements about how happy she was after his death are admissible.

And his $250,000 life insurance policy, with her as beneficiary, and her statements after Viafore's death about what she was going to do with all that money, all point to an intentional killing.
It is going to be very difficult for her attorney to convince anyone, and I mean any single, solitary person in the county, that her statements can be chalked up to a language barrier.

Pack your toothbrush, lady.  See you in 25 years.

Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.


Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning can also help with DUI, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.

Sources for more information:

http://www.buzzfeed.com/tasneemnashrulla/death-on-the-hudson-river-woman-allegedly-pulled-fiances-pad#.dc3Exl1Rw5

http://criminal.findlaw.com/criminal-charges/second-degree-murder-overview.html

http://news.nationalpost.com/news/world/woman-who-allegedly-sabotaged-husbands-kayak-said-it-felt-good-knowing-he-would-die-prosecutor-tells-court

http://www.nydailynews.com/news/national/woman-pushed-fiance-paddle-capsized-attny-article-1.2236320

http://nypost.com/2015/05/26/woman-pushed-paddle-away-from-fiance-in-kayak-killing-prosecutors/

http://www.orangecountygov.com/filestorage/124/898/2483/11877/05-26-15_District_Attorney_Hoovler_Announces_Indictment_in_Kayak_Case.pdf

Comments

  1. When I said that it was done with intent I meant to say intent but, also premeditated and in some states that will get you the Death Penalty! You're right Allan Browning pack your bags lady and your not going to the holiday inn!

    ReplyDelete

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