Additional charges have recently been filed against a father implicated in the death of his young son, according to the Buffalo News. The defendant has recently been arraigned on charges of aggravated vehicular homicide related to the death of his four-year-old son, and is also facing the following charges related to the incident that led to the young child’s death: manslaughter, vehicular assault, and two misdemeanor charges of acting in a manner injurious to a child.
According to the article, the defendant was driving while under the influence of an illegal narcotic with both his young son and a slightly older niece that was also injured on October 8, 2015. The defendant was in the process of moving between Kenmore and Belfast, and had personal belongings in the truck he was driving while both young children were seated in the front seat. According to the article, the defendant failed to apply his brakes before driving his truck into the back of a tractor-trailer that had slowed to make a right turn. When the defendant’s truck struck the tractor-trailer, the impact sheared off the cab of the truck and caused fatal injuries to the four-year-old boy. The defendant was not arrested until January of this year when accident investigators found evidence of the use of the illegal narcotic methamphetamine that may have led to the crash. Shortly after the fatal accident, the defendant applied for a passport. This caused the prosecution to request that the defendant be held without bail. However, the judge in the case found it to be reassuring that the defendant had hired an attorney and had been present for all required court proceedings related to the incident. The judge allowed the defendant to remain free on bail after reminding the defendant that international travel was not an option. Trial has been tentatively set for September.
Aggravated Vehicular Homicide
While the defendant will likely be facing multiple charges related to the accident, the most serious charge is likely to be aggravated vehicular homicide. Aggravated vehicular homicide, as defined by New York Penal Law Article 125.14, occurs when a person operates a vehicle recklessly while under the influence of alcohol or drugs and causes the death of another person. In this particular case, investigators have allegedly found evidence indicating that the defendant used an illegal narcotic and subsequently drove a vehicle while under the influence of that drug. Doing so may have resulted in the defendant’s failure to apply the brakes before hitting the tractor-trailer, which caused the death of the defendant’s son. New York’s law also contemplates the injury sustained by the niece in this charge. If convicted, the defendant may face up to 25 years in prison.
Securing Legal Assistance
Unfortunately, stories like this one occur more often than people might be aware of. If you are facing charges related to driving under the influence of alcohol or drugs, Nave + Associates (formerly Anelli Nave)’s dedicated DUI defense team has locations throughout New York for you to discuss your case. A criminal defense attorney with experience in DUI-related charges can help explain the charges you are facing as well as the potential consequences if you are convicted. Contact Nave + Associates (formerly Anelli Nave)’s DUI defense team to schedule a consultation about your case. For New Yorkers facing violent criminal charges, Nave + Associates (formerly Anelli Nave) has a criminal defense office that is available to assist you. Regardless of the reason for your particular charges, contact the criminal defense attorneys at Nave + Associates (formerly Anelli Nave). Nave + Associates (formerly Anelli Nave)’s criminal defense staff can help you through the legal process by working with you on a defense most appropriate to your individual circumstances. Securing an attorney to help you defend against charges is an important first step in facing those charges.
DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave + Associates (formerly Anelli Nave) are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.