Legal Analysis on Status of Maserati Car Crash Investigation

WGRZ 2 On Your Side recently aired a report in response to outcry in the community regarding the status of an investigation involving a fatal car crash that occurred approximately two months ago.

In October, a Toyota was struck by a Maserati on Seneca Street in South Buffalo. Two passengers in the Toyota died as a result of the crash. WGRZ reports that they have heard from many in the community who want to know why charges have not been filed in the crash and why authorities have not revealed the identity of the driver of the Maserati involved in the crash.

In response to these questions, WGRZ interviewed Erie County District Attorney John Flynn for an update on the case.  Attorney Barry Covert was also interviewed to provide legal analysis for the report. Continue reading this post for Barry Covert’s comments and click here for the story on WGRZ’s website. Also, click on the video below to watch the full report, which includes the interview with Barry Covert.

In a recent interview, WGRZ reporter Claudine Ewing asked District Attorney John Flynn for a status on the investigation and if charges will be filed. DA John Flynn told WGRZ that the Maserati involved in the crash contains a black box, which investigators want to download information from for their investigation. Specifically, they want to obtain information to determine if the driver was speeding as well as when the driver hit the brakes at the time of the crash. Flynn went on to say that the black box needs to be sent to Italy to have the information retrieved. In addition, a lawyer for the car company told the DA that a component in the black box was made by a third party and may need to be sent to Germany. The black box process could take up to a year to complete and still may not provide information that is needed for the investigation. WGRZ asked the DA Flynn if he may change course and he responded that he is having second thought on having the Maserati’s black box sent out for analysis in this case.

The District Attorney was also asked about whether drugs or alcohol were involved in the crash. Flynn stated that the toxicology results are in for the driver of the Maserati, but he would not provide details of the results at this time. WGRZ asked if the toxicology results showed that the individual driving Maserati was intoxicated; would they not have been charged with that already? The DA responded by stating “all depends on the facts of the case.”

Attorney Barry Covert was interviewed by Kelly Dudzik to provide analysis based on the information WGRZ obtain in from the DA for this report. Mr. Covert stated “Preliminary, I would think that the toxicology has come back where it was not an illegal level of alcohol. And in my experience, if the toxicology comes back that it is an illegal level of alcohol or prohibited substances, then they would charge that offense immediately. So, it would be unusual for them to wait two months.”

WGRZ also reported that the name of the person driving the Maserati involved in the crash has not been released because that person has not been charged with a crime.