via CAAI
By David Hench
Staff Writer
In one of his final official acts, Gov. John Baldacci pardoned a Cambodian man who faced deportation because of a drunken driving crash that killed his sister 10 years ago.
Touch Rin Svay in a 2004 file photo.
Touch Rin Svay was 21 and home on leave from the Marine Corps when he lost control of the 1991 Acura he was driving and crashed on Route 85 in Raymond, killing his 19-year-old sister Sary.
Svay was convicted of vehicular manslaughter, drunken driving and aggravated assault. Because he was born to Cambodian parents in a refugee camp in Thailand, he faced likely deportation to Cambodia, even though he did not speak the language or have any ties to that country since his family moved to the U.S. when he was 4.
Svay applied for a pardon and the governor agreed in 2004, but just hours before the order was signed, Svay was charged with violating probation and served five months in jail. That put the pardon on hold and Svay in danger again of deportation.
Baldacci's pardon, signed this morning, means the conviction for the 2001 car crash, as well as separate convictions for disorderly conduct and criminal trespass, will be officially forgiven.
Baldacci said he made the decision in large part because of Sary Svay's two children and Touch Svay's role in helping support them.
"He has complied with the terms of his sentence, and has turned his life around," Baldacci said. "But, in my mind, he continues to have an obligation to his sister’s two children -- his niece and nephew -- to be involved in their lives and to explain to them his actions. He is actively involved in their lives, and his debt cannot be fully repaid unless he maintains that supporting role.”
“Rin committed a terrible crime, one that took the life of his sister,” Baldacci said. “But he has, over the last five years, demonstrated a commitment to atone for his error."
Svay also will tell his story as part of an anti-drunk driving education effort.
"Perhaps his message will save another family from the unimaginable horror of losing a wife, sister and mother at the hands of a drunken driver,” Baldacci said.
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