Barry Moss killed by hit and run driver in Town of Evans.

In June 2014, Moss' survivors filed the lawsuit, accusing Ballowe of driving the hit-and-run vehicle and leaving the accident scene. The settlement was reached days before Ballowe was to be questioned by lawyers about the accident in a pretrial examination. It was not immediately clear how the settlement could affect any possible criminal case against Ballowe. Small pieces of Ballowe's damaged vehicle were found at the accident scene, and traces of Moss' DNA were found on her vehicle, Masullo said. Masullo said he does not believe that Ballowe would pay to settle the lawsuit if she had not been driving the car.

Erie County’s new acting district attorney will take a new look at a fatal hit-and-run case in the Town of Evans. Evans Police – who have been assisted by State Police and the FBI in their investigation – disagreed. The police clashed with former DA Frank A. Sedita III, who said he did not feel police had come up with sufficient evidence to convict Ballowe. At the time of the accident, Ballowe, now 50, owned and operated a bar on the Evans lakefront. Evans Police have stated repeatedly – in public statements and official reports – that they have no doubt that Gabriele P. Ballowe was driving the SUV that struck Moss.