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Settlement reached in girl’s death

November 29, 2013
By BILL PITCHER , The Leader Herald

FONDA - The mother of a Fort Plain girl who was shot and killed while riding in a car will receive $225,000 in a settlement to end a wrongful-death and negligence lawsuit she brought against the shooter and the gun owner, according to court documents.

Ann M. Miklic filed the lawsuit in state Supreme Court in January 2012. Her daughter, Naiomi Miklic, was 15 when she was shot by Justin F. Dibble, 18, of Cherry Valley while they were passengers in a car driven by Isaiah L. Bowen, 28, of Cherry Valley.

The shooting occurred Jan. 31, 2011, in Owego, Tioga County, while Naiomi, Dibble, Bowen and another unidentified passenger were driving to Cherry Valley from Pennsylvania. Dibble told police the shooting was accidental.

Under terms of the settlement, which was signed June 17 by Justice Joseph M. Sise, Miklic will receive $148,695 of the settlement. Her attorney, Robert Abdella of Gloversville, will receive the remaining $76,305, which includes reimbursement for expenses.

Dibble was released from the Marcy Correctional Facility in Oneida County on parole Sept. 27 after serving part of a 2 1/2- to four-year sentence for criminally negligent homicide and attempted criminal possession of a weapon, according to state Department of Corrections records.

Bowen is at the Altona Correctional Facility in Clinton, serving a sentence of up to 5 1/2 years for criminal possession of a weapon. He was not granted parole at a hearing in July. His next hearing will be in March 2015, according to corrections records.

 
 

 

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