Flee case attorney asks for dismissal

By Christopher Caskey / The Citizen

Wednesday, November 21, 2007 11:54 PM EST

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

The Citizens' Say

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There are 7 comment(s)

weedsport civilian wrote on Nov 24, 2007 6:33 AM:

" Grammie, A couple questions I have to ask to understand this better: 1. How long was it before they finally were able to bring this young man in to test his BAC? The reason I ask is because it was reported he went on the run for an extended period of time. 2. Did he ask for the keys to his friend's Mom's car? Sure she could've said "no way", but did he initiate the driving under impaired conditions and ask her for the car? 3. What difference does it make how many kids got in knowing that this kid didn't have a valid license? The fact remains the same. He AND they got out and left the young man without checking on him. The retort about us getting into a fender bender and how we would act.....and then add head injury into the equation? Not right in my opinion. As for me, I was involved in a very serious MVA, which was not of my fault at all. Yet as bad as the crash was and as bad as I was injured, (and it was very severe), the very first thing I did when my wits came to was look over to see if my friend was alright. I did not get out and run. And by the way, God Bless him, but my passenger did pass away on impact. I think he did knowingly get out and run and did not admit that he did it until after he was told on if memory serves correct to the accounts. At the very least, his conscience would be much clearer had he stayed and waited for police and medical. So he banged his head pretty hard? I personally have been there and in a state maybe even worse, but not a chance I would get out and run away. Seems you might be related to this boy or know him in too personal of a fashion to admit he was way in the wrong that night, whether the other young man was to pass or not. State of mind in an accident almost ALWAYS tends to lean toward checking to see if your passengers are ok. Who hasn't done that? "

Grammie wrote on Nov 23, 2007 1:14 PM:

" There are no words to express the loss of any of God's children, however, we must also keep in mind all the circumstances of that fateful night. 1. There were a group of kids partying. 2. The girl at the party, knowing the driver didn't have the proper license, handed the keys to her parents car over to the boy. 3. Two passengers got into the car at each of their own homes at approximately 3:00 am on a wet rainy night with a driver that they also knew did not have the proper license. The car crashed, the driver, also with a head injury,ultimately left the scene, as did the passenger and they thought that Tim was following. As much as some people are trying to say the driver "deliberately and with consideration" left the scene and have tried again and again to say that it was also a DWI accident and that Tim could have lived up to four hours, labs and the autopsy have all proven these not to be true. Also, labs and a physical proved that the driver had no alchol in his system and that the driver also sustained a head inury and needed stiches when his head hit and broke both the side window and the windshield. This driver consider Tim his friend. There's no way on God's earth that he would have knowingly left hime or anyone else for that matter. Duh...... Who's at fault? The circumstances and all involved, not just one boy. Have you ever been in just a fender bender without a head injury? Think about what was your state of mind. Justice, does not mean crusify a young life. Revenge is not the answer. "

melinda@neal.us wrote on Nov 23, 2007 9:56 AM:

" Being "RESPONSIBLE FOR MY ACTIONS?" When an individual breaks the law - He (in this case) must answer for the negligent, heartless disregard for another human beings life. His first error was made when he got behind the wheel of a vehicle in a disfunctional state! After that it was all down hill. "

factsonly wrote on Nov 23, 2007 9:21 AM:

" Telldastory, you're kidding right? You question why a defense attorney tries to "shave a few years off a sentence"? Did it ever occur to you that this is his job? If you knew anything about this case which you apparently don't, you'd know that there are still charges pending against this kid for the homicide. The DA filed this Manslaughter charge claiming that the victim "languished for hours" when IN FACT he did not. The defense lawyer simply pointed that out to the court. The lawyer didn't try to imply anything at all about the value of human life. He simply is asking the Court to decide this case on the REAL facts, not something that the DA manufactured. When this case first came out, the DA claimed that the victim "languished for hours" when he knew full well that wasn't true. The defense is simply pointing that out. God knows the Cayuga County DA always tells the truth right? (please note the sarcasm). "

a mom79 wrote on Nov 23, 2007 8:51 AM:

" hello telldastory...sounds very familiar doesnt it --- CAT --- HUMAN life... being cat killers get time...murderers walk free "

WeezerGirl wrote on Nov 22, 2007 4:44 PM:

" Well said.... "

telldastory wrote on Nov 22, 2007 10:53 AM:

" What kind of a message is this attorney trying to send? If a person is going to die anyway, it's O.K. not to get them medical attention, or if they are already dead there is no reason to get help? Those kids were far from being able to diagnose a persons medical condition, they had no medical training & were reportedly out partying. Where are the morals? The common decency of humanity? This is a shameless and disgusting attempt on the lawyers part to get a few years shaved off his clients sentence. The problem being the precedent doing so could set for future cases and the culpability of those involved. The situation was preventable and poor decisions made it worse. Bottom line- the deceased and his family deserved the dignity of a simple phone call for help. It is a crime to hit a cat and not report it to the owner, is this lawyer trying to imply that a human life is less valuable than that of a cat? "

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