Two Harbors man sentenced in Esko hit-and-run
Two Harbors resident Joseph Migliaccio, 29, was sentenced in Carlton County to probation after a hit-and-run in 2017. Migliaccio was sentenced by Sixth Judicial District Court Judge Robert E. Macaulay to three years supervised probation and one y...
Two Harbors resident Joseph Migliaccio, 29, was sentenced in Carlton County to probation after a hit-and-run in 2017.
Migliaccio was sentenced by Sixth Judicial District Court Judge Robert E. Macaulay to three years supervised probation and one year and one day stayed imposition Wednesday, Dec. 19.
Migliaccio pleaded guilty during a November court hearing, which surprised the victim, Parrish Silbernagel.
On Sept. 21, 2017, Silbernagel, 45, was driving a 2014 Harley Davidson Street Glide Special motorcycle to his Esko home at about 4 a.m. when he was hit from behind by a car a few blocks from his residence.
Silbernagel landed on the windshield of the car and his head broke the glass. He sustained many injuries, some of which will reportedly never heal, including a bruised spinal cord and memory issues.
Migliaccio continued to drive a half-mile up the road, where he parked in a driveway, according to the statement of probable cause. Police officers followed the trail of fluid from his car to locate and arrest him.
"Mr. Migliaccio wishes this had never happened," lead attorney Andrew Poole said. He explained that Migliaccio's father lives in the Dominican Republic. Poole requested an exception be made to allow Migliaccio to leave the country to visit his father if the opportunity arose.
Silbernagel read an impact statement outlining his life and the issues he has endured since the crash. He said he wanted to know why he was hit that night and what Migliaccio was doing at that place at that time. He said his life has been changed forever. He said he wanted Migliaccio to have a lifelong consequence for his actions.
Migliaccio then addressed the room.
"My heart goes out to Mr. Silbernagel," Migliaccio said softly. "I keep him in my prayers and thoughts. I ask for his forgiveness. I have also mostly quit driving."
Judge Macaulay explained the confinements for the sentencing.
"I would wonder why this happened and what can the law do, also," Macaulay said. He said he applied what is allowed under the law for a first-time offense.
Migliaccio did not have a prior criminal history, which factored into his sentence for Level 3 felony of criminal vehicular operation, substantial bodily harm and driver who causes an accident and leaves the scene.
Migliaccio was not granted an exception to leave the country during his probation period. In addition to probation, he was ordered to pay $55,411 in restitution to Silbernagel; abstain from alcohol; and is required to continue taking medications as prescribed by his psychiatrist.