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Apr 15, 2013 9:14 PM by Erika Flores

5 years probation for woman charged with hit and run

TUCSON - A woman who drove off after hitting a cyclist on the north side was sentenced to five years probation, 100 hours community service and ordered to pay over $5,000 in medical expenses.

The hit and run happened May 20, 2011 on Swan Road near Camp Lowell.

Samuel Abate was riding in the bike lane when he was hit and was badly injured.

Abigail Allin reportedly first slowed down then took off.

She was arrested after she tried to repair the damaged window.

Samuel Abate was in critical condition at UAMC.

He suffered a brain injury and several broken bones.

After surgeries, he's slowly recovering both physically and emotionally.

In court Monday, he offered his forgiveness to the person who could have taken his life.

"I forgive Abigail Allin," said Samuel in court.

That's how he started his statement.

"I'm very lucky to be here," he said.

But Samuel also made sure the judge heard about his struggle.

"The road to recovery is not over for me," said Samuel.

His father William Abate showed pictures of his son while he was on a ventilator and feeding tube.

"This is what Ms. Allin inflicted upon my son just before she sped off and left him for dead," said William.

Abigail Allin looked away as William displayed them.

Avid cyclists, William and Samuel said they wanted justice not only for Samuel, but also for the cyclist community.

"The only justice that should be rendered at this point is a prison sentence for Ms. Allin, so that she may reflect upon how to behave in a civilized society," said William.

Allin's attorney said Allin spent over 15 months in jail and was released to rehab for substance abuse.

Speaking in court, Allin said she regrets what she did.

"I'm so sorry. I'm so sorry over and over again," said Allin.

She was charged with leaving the scene after causing an accident resulting in death or serious injury, tampering with physical evidence and criminal damage.

"I understand the severity of what I've done, and I understand all the hurt that I've caused," said Allin.

The judge said since this is her first criminal charge and first felonies, he sentenced her to five years probation.

News 4 Tucson reached out to her after the sentencing, but she had no comment.

New 4 Tucson also reached out to the Abate family, Samuel said he just wants to thank everyone on their efforts to bring Allin to justice.

In addition to probation, Allin also has to perform 100 hours community service and pay Abate's medical expenses which total more than five thousand dollars.

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