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Men charged in student death

Police: Drag race caused car to flip, killing 20-year-old

March 25, 2005

Two men have been charged on multiple counts in the 6th Judicial Circuit Court in Oakland County in relation to a Jan. 5 car accident in Troy, which killed 20-year-old MSU student Lindsey Cianciolo.

MSU student Sandeep Sabapathy, 19, and Wayne State University student Steven Schafer, 20, were arraigned Thursday on charges resulting from the accident. The crash occurred when they attempted to drag race each other while driving home in separate cars from a Troy restaurant with a number of passengers, said Oakland County Assistant Prosecutor Rob Novy.

Sabapathy is charged on one count of second-degree murder, which carries a maximum life in prison sentence. He also is being charged with two alternative counts: manslaughter, which carries a maximum 15 years in prison and operating while under the influence of alcohol causing death, also a maximum 15-year prison sentence, Novy said.

Cianciolo was a passenger in Sabapathy's 1999 Mercury Cougar when it crossed into the opposite lane and flipped on a busy Troy road, killing Cianciolo, Novy said. Sabapathy had a blood alcohol level of 0.16 - twice the legal limit - at the time of his arrest, police reported.

Both men were previously arraigned in a district court, but the cases were moved to the circuit court, which hears felony cases.

Sabapathy waived his right to appear in court Thursday, a common step, his lawyer Larry Schulman said. He would not comment further on the case.

"It's a tragedy for everyone involved," he said. "My client and his family's hearts go out to Lindsey's family."

Schafer is being charged with manslaughter, a maximum 15-year prison sentence, and with an alternative charge of negligent homicide, a two-year prison sentence. Schafer's lawyer, Bill Van Dusen, would not comment on the charges, and only said the preliminary exam and arraignment are common steps in the process to a trial. Schafer is being charged for knowing Sabapathy had consumed alcohol and fo r encouraging the drag racing, Novy said.

A pretrial for both men is scheduled April 13 in the 6th Judicial Circuit Court, Novy said.

Novy declined to reveal if either man had prior convictions, saying it is not a matter of public record.

A preliminary exam was held March 16 in the Troy 52-4 District Court to show sufficient evidence to charge the two men at circuit court, Novy said. The district court heard testimony from witnesses for most of the day, he said.

Anthony Vitucci and MSU student Michael Misiewicz are being charged with furnishing alcohol to minors, a 60-day misdemeanor. They purchased alcohol for a party hosted by Sabapathy, Novy said. Their lawyer could not be reached Thursday.

A sentencing hearing for both men is set for April 14 in front of Judge Dennis Drury in the 52-4 District Court, Novy said.

Cianciolo's father, Michael Cianciolo, said in an interview last week that at the March 16 preliminary exam, Drury was "very pointed" and "remarkably perturbed at the kids in the car who ran."

Michael Cianciolo also said he is being aggressive in his attempts to let the courts know that the two men who furnished alcohol - and pleaded no contest - deserve higher than the probation penalty they likely will face.

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