Moss family reacts to news of re-investigation

Posted at 9:22 AM, Jan 07, 2016
and last updated 2016-01-07 09:22:49-05

The sister of a man who died from a hit and run crash says she's "thrilled but guarded" that Erie County's new acting District Attorney will re-investigate her brother's case.

7 Eyewitness News learned Monday that the acting District Attorney Michael Flaherty has reached out to the Evans Police Department about taking another look at Barry Moss' death.

On December 22, 2013, Moss was walking home from a friend's house along Route 5 in the Town of Evans when he was struck and severely injured. The accident happening sometime after midnight. The driver fled the scene and Moss was left to freeze to death along the side of the road - his body discovered the next morning.

Talking to 7 Eyewitness News, Moss' sister, Maria Wrafter, said it's hard to forget those details.

"My brother was wronged," Wrafter said. "It's hard to say it was just an unfortunate accident when somebody left him there. He died of frostbite. It's hard to let go of that."

After the fatal hit-and-run, Evans Police confiscated a damaged SUV that was thought to be involved, but a grand jury failed to indict the registered owner, Gabriele Ballowe, because the grand jury determined there was not enough evidence that she was behind the wheel when Moss was hit. 

Now that the case could get another look, Wrafter says the family is cautiously optimistic.

"It's hard to trust after that but we are thrilled that Mr. Flaherty wants to give our case another look," Wrafter said. "I'm hopeful that he will come through and indict, and hopefully get a conviction."

Evans Police say they've continued to collect evidence in the two years since the incident.

Wrafter is asking anyone who may have information about the accident, but hasn't come forward, do so now.

"When someone commits a horrible crime they're supposed to be charged, Wrafter said. "When that doesn't happen there's not only the sense of wrong from the initial accident -- we weren't permitted due process through the system."

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