Woman who said "let him die" sentenced

AMHERST, N.Y. (WIVB) - She told rescuers not to save her choking son, and she won't be serving any jail time.

It's a case that seemed so heartless. The town of Tonawanda woman faced a year in jail, but walked away with probation after being sentenced at Amherst Town Court.

Barb Athans said, "I don't know how a parent could let that happen to their own child."

Athans is referring to 68-year-old Rolaine Foigelman, who looked visibly upset when she saw the media outside Amherst Town Court when she arrived for sentencing. She's the local woman who tried to stop bystanders from performing the Heimlich maneuver on her choking 43-year-old developmentally disabled son at the Boulevard Family Restaurant. Athans was the server on duty.

"He started to choke; he was sitting with his parents. I happened to notice they weren't reacting. When I realized what was going on, I said I was going to call 9/11," recalled Athans, "I tried to Heimlich him, but she jumped up, blocked me. She tried to take the phone, and just started to scream, "Let him die, let him die, let him die!""

The disturbing incident happened back in June. Foigelman's son recovered by the time police arrived. In August, she plead guilty to endangering the welfare of an incompetent person. Apparently, the same situation happened at Friendly's two years ago.

"I was sick by it, and that's why I pushed to not let it go again," said Athans.

While Foigelman's actions seem completely deplorable, those caring for a disabled family member say that, while not making excuses, the case shows the stress level that often comes with it. In court, her attorney argued that her son, who is now in an assisted living facility, cries out for her, and wants to return home. Rather than a year in jail, the judge sentenced her to three years probation, and supervised visits only.

Athans stated, "The way it ended, is the way it was supposed to end. If we don't start protecting the weak, who are we?"

While Foigelman admitted her guilt in August, she tried to paint herself as a victim, and called witnesses "liars" in court on Wednesday. As part of probation, the judge limited her to two calls per day to the assisted living facility. Apparently, she had been making threatening calls on a daily basis.