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 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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