A car accident that killed a pedestrian in an East Aurora parking lot in June will not be met with criminal charges. Criminal defense attorney Barry Covert spoke to WGRZ about the incident and what penalties the car’s driver could still face. The full story is available on the WGRZ website.
No criminal charges
According to WGRZ, Wendy Bus was hit by a car and killed while pushing a grocery cart in the parking lot of an East Aurora supermarket. The 18-year-old driver will not face criminal charges, but will still face vehicle and traffic violations, including: unsafe backing, unsafe start, and failure to exercise due care.
Mr. Covert told WGRZ why the driver did not face additional charges. “They obviously didn’t think that what he did rose to that level,” he explained. “They found that he violated some vehicle and traffic law provisions, but he apparently was not under the influence of any drugs or alcohol, he did not do this intentionally, and they thought that it did not rise to the level of any of those felonies.”
Potential for other penalties
WGRZ asked Mr. Covert whether additional charges could be filed. “Until he either pleads guilty to one of the traffic infractions or is found guilty of one of those, technically, they could come back and relay charges if they change their mind,” Mr. Covert answered.
About Barry N. Covert
Mr. Covert is a senior partner in Lipsitz Green Scime Cambria’s Criminal Defense Trials and Appeals Practice Area. He is known for his aggressive representation of clients in the areas of New York State and federal criminal trials and appeals; driving while intoxicated; constitutional law, including First Amendment, civil rights actions, and federal False Claims Act; defending against allegations of scientific misconduct and fraud, research misconduct and fraud, plagiarism, and fabrication of evidence; and professional licensing defense. Mr. Covert frequently provides legal analysis for WGRZ and other media outlets.