An Auburn teenager facing felony charges related to a fatal 2006 motor vehicle accident appeared in Cayuga County Court Wednesday as his attorney sought to have the most serious charge dismissed.
Defense attorney Sal Piemonte asked Justice Thomas VanStrydonck to consider dismissing the felony manslaughter charge against Nicholas Raymond due to lack of sufficient medical evidence in support of the charge.
Raymond is accused of leaving an injured passenger, Timothy Hutchings, 19, without seeking help following a Sept. 2, 2006 car accident in the front yard of 2850 Sand Beach Road, Fleming.
Authorities found Hutchings dead in the car about four hours after the crash.
Raymond faces the felony charges of second-degree manslaughter, criminally negligent homicide and leaving the scene of a fatal motor vehicle accident without reporting and the vehicle and traffic infractions of an unlicensed operator, speed not reasonable and prudent, and failure to keep right.
The manslaughter count alleges that Raymond left Hutchings without seeking medical assistance, therefore recklessly causing his death, according to Piemonte. However, it is the position of the defense that while Hutchings' death was not immediate, it was imminent and medical intervention would not have changed the outcome, Piemonte said after the court appearance Tuesday.
“The allegation is that my client left the victim to languish for hours,” Piemonte said. “The medical evidence suggests that the victim may have survived for a matter of minutes.”
Cayuga County District Attorney James Vargason, who is prosecuting the case, filed the minutes from the grand jury indictment minutes so that the court can examine if there is sufficient evidence to support the charge. VanStrydonck - the Administrative Judge of the Seventh Judicial District who has been filling in for Cayuga County Surrogate Judge Mark Fandrich during the case - reserved judgment. A written decision on the motion is expected next week.
Vargason said after court that the argument examines a “very interesting” legal issue.
“There is no question that the defendant left the victim in that vehicle when he was seriously injured and there is no question he did not seek medical help for him,” Vargason said. “The issue comes down to whether or not he had a legal responsibility to do that.”
Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net
Raymond is accused of leaving an injured passenger, Timothy Hutchings, 19, without seeking help following a Sept. 2, 2006 car accident in the front yard of 2850 Sand Beach Road, Fleming.
Authorities found Hutchings dead in the car about four hours after the crash.
Raymond faces the felony charges of second-degree manslaughter, criminally negligent homicide and leaving the scene of a fatal motor vehicle accident without reporting and the vehicle and traffic infractions of an unlicensed operator, speed not reasonable and prudent, and failure to keep right.
The manslaughter count alleges that Raymond left Hutchings without seeking medical assistance, therefore recklessly causing his death, according to Piemonte. However, it is the position of the defense that while Hutchings' death was not immediate, it was imminent and medical intervention would not have changed the outcome, Piemonte said after the court appearance Tuesday.
“The allegation is that my client left the victim to languish for hours,” Piemonte said. “The medical evidence suggests that the victim may have survived for a matter of minutes.”
Cayuga County District Attorney James Vargason, who is prosecuting the case, filed the minutes from the grand jury indictment minutes so that the court can examine if there is sufficient evidence to support the charge. VanStrydonck - the Administrative Judge of the Seventh Judicial District who has been filling in for Cayuga County Surrogate Judge Mark Fandrich during the case - reserved judgment. A written decision on the motion is expected next week.
Vargason said after court that the argument examines a “very interesting” legal issue.
“There is no question that the defendant left the victim in that vehicle when he was seriously injured and there is no question he did not seek medical help for him,” Vargason said. “The issue comes down to whether or not he had a legal responsibility to do that.”
Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net
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