By George P. Hassett

A prominent Somerville attorney and landowner will receive probation for his role in the death of a 22- year-old Tufts student.

Francis D. Privitera struck Boryana Damyanova on Nov. 22, 2005, on Broadway near Wallace Street, pushing her into an oncoming truck which killed her. His recent court appearances, in which he faced a charge of negligent motor vehicle homicide, were marked by reversals of agreements and feuding with lawyers and the press.

On Thursday, less than three weeks before he was scheduled to go on trial, Privitera agreed to be placed on pre-trial probation and lose his license for five years. The agreement allows Privitera to not only avoid jail time but it also does not require him to change his plea from not guilty or to admit to any facts in the case.

Authorities said Damyanova was in a well-lit crosswalk talking on her cell phone when Privitera struck her. At the time of the collision it was raining but prosecutors alleged if Privitera had been “reasonably attentive” he would have had enough time and distance to avoid striking her.

Damyanova “landed on [Privitera's] windshield” and rolled off his car into another lane where she was struck by the left rear tire of a Dodge pick up truck, authorities said. Investigators concluded speed and alcohol were not involved in the collision. Privitera said he was driving 13 miles per hour when he struck Damyanova.

“I got out of the car and I thought she was going to jump up and be okay,” he told The Somerville News.

Thursday's agreement comes after a month of Privitera rejecting similar deals. On March 4, after Assistant District Attorney Nicole Allain, Judge Maurice Flynn and Privitera's own attorney, J. Albert Johnson, stated repeatedly that Privitera would receive a sentence of pre-trial probation and lose his driver's license for five years, Flynn banged his gavel, left the courtroom and the clerk read the agreement into the record.

However, Privitera stood, a look of dismay on his face and said, “Whoa, whoa. Loss of license? What about emergencies?” to Johnson (whose past clients include Captain Ernest Medina, Patty Hearst, Pam Smart, Zsa Zsa Gabor and F. Lee Bailey).

Leaving the courtroom, as his son Phillip placed his coat on his shoulders, Privitera continued to express alarm at the outcome. “What if my wife is sick?” he said to Johnson.

Minutes later Privitera walked back into the courtroom and called the deal off.

At his next court appearance Privitera approached a reporter to complain about press coverage of the incident (“I read your article six times, it was devastating. Now everybody is paying attention to me”), draw a sketch detailing traffic movement the night of the accident, and make the case for his innocence (“If [Damyanova] hadn't been walking across the street negligently talking on her cell phone, none of this would have happened”).

At one point he reached into his pocket and handed a reporter a packet of news articles lauding his charitable contributions, including one with the headline of “I've Come a Long Way: Privitera Tells Why He Enjoys Giving Back.”

Privitera told The Somerville News he paid the Damyanova family $4 million to settle a civil lawsuit stemming from the accident.

Calling a five-year loss of his driver's license a “death sentence,” Privitera, who came to his court appearances with a driver, said he needed to drive his wife to the doctor's twice a month and church twice a week.

The agreement reached Thursday allows Privitera to petition the Registry of Motor Vehicles for a hardship license but the D.A.'s office will not make any recommendation to the RMV, said Jessica Venezia the spokeswoman for the office.

Privitera could not be reached for comment before deadline.

Privitera is well known in Somerville as an attorney and landowner. He is originally from Hale Street in Boston's West End and came to the city in 1948. He owns blocks of land in Somerville, including 422 Mystic Ave., 59 Union Square, 88 Beacon Street and 9 Davis Square.

He was an assistant city solicitor under former Mayor Lawrence F. Bretta from 1962 to November 1966 when he took over as head of the city's legal department for a year. He also founded this newspaper in 1968 and was its first publisher.

A packet submitted to the court by his lawyer (Privitera was represented by at least six different attorneys during the case), features pictures of him smiling alongside the likes of former President Bill Clinton and singer Tony Bennett and glowing accounts of his philanthropy.

One citation from the Elizabeth Peabody House hails Privitera as “a captain of industry” and “a radiant star in the theater of law, commerce and industry.” Privitera told The Somerville News he had contributed approximately $5 million to various charities in his lifetime.

Damyanova was an exchange student from Hungary, who had come to Tufts to study international relations.