A state Appellate Division decision issued Friday affirmed a lower court ruling that tossed a manslaughter charge against Nicholas Raymond for his role in the fatal car crash that killed Timothy Hutchings in 2006.
Former Cayuga County District Attorney James Vargason had appealed the late 2007 decision of Judge Thomas M. VanStrydonck that threw out a second-degree manslaughter charge against Raymond, citing insufficient evidence. Raymond still faces other charges, including criminally negligent homicide.
The appeals court cited the failure of the district attorney's office, now run by DA Jon Budelmann, to show that Raymond could have saved Hutchings' life had he immediately sought medical attention for his passenger instead of fleeing the scene.
Raymond is accused of leaving Hutchings, 19, without seeking help following a Sept. 2, 2006 car accident in the front yard of 2850 Sand Beach Road, Fleming. Hutchings was found dead by emergency responders hours later.
A medical examiner had determined that Hutchings could have died any time between a few minutes from the accident to up to an hour later, the court said. Though it's possible medical intervention could have saved Hutchings under the longer time window, the court ruled the legal uncertainty requires a dismissal of the charge.
The court went on to point out that even if Hutchings died at the end of that time frame, the prosecution did not prove that the adequate medical or surgical intervention could have been provided. The court also said it did not see any evidence regarding the time that would have been required to get to the scene, extract the body from the vehicle and get to a hospital.
Raymond's case now heads back to Cayuga County court for the remaining charges.
Raymond is still charged with criminally-negligent homicide and leaving the scene of a fatal motor vehicle accident without reporting, both felonies, as well as the vehicle and traffic infractions of an unlicensed operator, speed not reasonable and prudent, and failure to keep right.
The manslaughter charge would have been the most serious of the felonies, with a possible maximum sentence of up to 15 years in prison. A conviction for criminally-negligent homicide carries a possible sentence of 1 1/3 to 4 years, and the charge for leaving the scene without reporting could mean a sentence of up to 7 years in prison.
The appeals court cited the failure of the district attorney's office, now run by DA Jon Budelmann, to show that Raymond could have saved Hutchings' life had he immediately sought medical attention for his passenger instead of fleeing the scene.
Raymond is accused of leaving Hutchings, 19, without seeking help following a Sept. 2, 2006 car accident in the front yard of 2850 Sand Beach Road, Fleming. Hutchings was found dead by emergency responders hours later.
A medical examiner had determined that Hutchings could have died any time between a few minutes from the accident to up to an hour later, the court said. Though it's possible medical intervention could have saved Hutchings under the longer time window, the court ruled the legal uncertainty requires a dismissal of the charge.
The court went on to point out that even if Hutchings died at the end of that time frame, the prosecution did not prove that the adequate medical or surgical intervention could have been provided. The court also said it did not see any evidence regarding the time that would have been required to get to the scene, extract the body from the vehicle and get to a hospital.
Raymond's case now heads back to Cayuga County court for the remaining charges.
Raymond is still charged with criminally-negligent homicide and leaving the scene of a fatal motor vehicle accident without reporting, both felonies, as well as the vehicle and traffic infractions of an unlicensed operator, speed not reasonable and prudent, and failure to keep right.
The manslaughter charge would have been the most serious of the felonies, with a possible maximum sentence of up to 15 years in prison. A conviction for criminally-negligent homicide carries a possible sentence of 1 1/3 to 4 years, and the charge for leaving the scene without reporting could mean a sentence of up to 7 years in prison.
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genie24 wrote on Nov 23, 2008 11:36 AM:
I believe if the rolls were turned that Tim Would have never been free to walk the streets they would have made a example out of him. I believe that this is what you call BAD parenting because most parents would have yoked up there kid and made them get help for Tim, there were way to many phone calls made that night but no one would call for help for Tim. Every one that new about this should have to pay for Tim's death. Most people would not leave a Dog to die on the side of the road little non your so called "BEST FRIEND" but he can still hold his head up and say that he missies Tim and to rest in Peace. come on what is wrong with this system I truly believe that no one has any idea what this is like for the Hutchings Family until it happens to them.& now Nick has the right to walk the streets like he never did anything wrong "COME ON" & As for a time limit on Tim’s Life who the Hell has the right to Decide that. "Nick" it takes two seconds to call 911 and the fire house was only seconds away from the accident but no one had the balls to call. So that mean that Tim never even had a chance to live Because all Nick thought about was saving his self. Nick was wrong in what he did and him and his family should man up and it admit that him and all of his Friends and Family that new Tim was there was wrong when the took it a pond there self’s not to call 911. As they say "YOU DO THE CRIME YOU DO THE TIME" " As fare as I am concerned James Vargason was not allowed to be heard in the court room to help TIM. Because no matter how long he was alive is not what people should be looking at, he was left there to Die alone and that is just not right. Tim should have been given the chance to LIVE
To the Hutching’s family I am so sorry for your lose Tim was a wonderful person I will never forget the first time I meet him, u should hold your heads high and be proud of the person that he was , because no matter who meet him they could not help but like him. "
lindsey8484 wrote on Nov 22, 2008 1:32 PM:
perturbed wrote on Nov 22, 2008 12:43 PM:
karl again... wrote on Nov 22, 2008 10:15 AM:
What the HELL is THAT supposed to mean???!! "
anonymous wrote on Nov 22, 2008 9:29 AM: