Hamburg, N.Y. (WBEN) - The Town of Hamburg Police Department continues to investigate a fatal vehicle accident on Saturday that killed an 8-year-old boy.
The incident took place at around 8:10 p.m. ET on Saturday when a vehicle driven by 35-year-old Heather Van Elk of Blasdell was heading Eastbound on Route 5, and had come to a stop to turn left onto North Creek Road using the correct lane. While Van Elk's vehicle was stopped to make the turn, it was hit from behind by a truck driven by Markus Genovese, 52, of Angola.
The accident resulted in the tragic loss of 8-year-old Thomas Ross of Blasdell, who was a rear-seat passenger in the Van Elk vehicle.
A four-year-old passenger in the Van Elk vehicle was also injured, and transported to a nearby hospital for treatment. The hospital has since discharged the child to recover at home.
After the collision, Genovese fled the scene, but was later apprehended by the Town of Hamburg Police while attempting to hide in a nearby backyard.
"The defendant was arrested in an adjoining neighborhood," detailed Hamburg Police Cpt. Todd Ehret in an interview with WBEN. "On Route 5, there is a neighborhood that is just a little bit off the road. He was apprehended fairly rapidly by just some good police work by our officers who were working at night. One officer was able to locate him in a backyard of a residence concealing himself."
Genovese was taken to Erie County Medical Center by ambulance, where he was placed under arrest by Hamburg Police on the following charges:
- One count of Vehicular Manslaughter in the First Degree (Class “C” felony);
- One count of Vehicular Manslaughter in the Second Degree (Class “D” felony);
- One count of Leaving the Scene of an Incident Resulting in Death (Class “D” felony);
- One count of Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree (Class “E” felony);
- One count of Assault in the Third Degree (Class “A” misdemeanor);
- One count of Driving While Intoxicated (unclassified misdemeanor);
- One count of Driving While Ability Impaired by Drugs or Alcohol (unclassified misdemeanor);
- New York State Vehicle & Traffic Law violations for speeding, driving without a license, drinking alcohol or using cannabis in a motor vehicle on a highway and being a pedestrian on a prohibited area of a highway.
Without getting into specifics, Cpt. Ehret says Genovese has an extensive history of motor vehicle problems, and has had numerous suspensions on his driver's license. A report from 2018 showed Genovese's license had previously been suspended or revoked more than a dozen times.
"Certainly, the person should not have been on the road in the first place," Cpt. Ehret said.
Former Erie County District Attorney John Flynn says Genovese faces a number of serious charges against him, but the most serious is the Vehicular Manslaughter in the First Degree.
"That charge basically stems from the fact that he must have been driving without a license. I don't know his history off the top of my head, but if he had any kind of prior DWIs or prior impaired, or even prior traffic tickets where he lost his license, then it appears that he must have never got his license back, which would trigger that Vehicle [Manslaughter] in the First Degree," said Flynn with WBEN on Monday.
In his eight years in office as District Attorney, Flynn says he had very few cases that rose to a level such as this with these charges being pressed.
"I had a number of cases where I tried to make it that level, where I would charge someone in a motor vehicle accident with, kind of, a homicide, a Murder in the Second Degree by depraved indifference. I had a few cases where the individual was just driving so erratically - speeding, crossing double yellow lines, going through red lights, whatever the case may be - just blatant, erratic driving, where I charge it as a depraved indifference murder charge. Now, I wasn't successful on any of those cases because, quite frankly, the case law is so difficult to get to that level," Flynn noted. "But, in this case right here, the Vehicular Manslaughter in the First Degree, you don't really need any reckless driving at all, you don't need any depraved indifference. All you really need is to be able to prove that the person was driving without a license, under the influence of alcohol, and someone died. If you check all three of those boxes there, then you get a very serious charge here."
Given the nature of the charges Genovese faces, Flynn believes he's looking at the potential of facing a significant amount of jail time.
According to the Erie County District Attorney's Office, Genovese faces a maximum sentence of 15 years in prison, if convicted of the highest charge.
Genovese is scheduled to appear before Hamburg Town Court Justice Gerald Gorman for a felony hearing on Thursday, June 13 at 11 a.m. ET. He was held without bail.
Cpt. Ehret says the investigation into this incident continues through the department's Accident Investigation Unit, and have received assistance from the Erie County District Attorney's Office as well.
"We were able to charge the individual fairly rapidly due to some police work at the scene, and in cooperation with the District Attorney's Office. However, in an incident like this, the investigation does take a while to complete. So we're still continuing to work on it," he said.
Hamburg Police is asking anyone who may have witnessed the accident or has any relevant information to contact Officer Eric Wilson of their Accident Investigation Unit at (716)-648-5111 ext. 2571.
A GoFundMe page has been established to support the Van Elk family following the accident.
"Anytime a child is taken from a family, it's a tragedy. It's hard, as a person and as a police officer, not to feel the weight of that. So our heartfelt sympathy to the family that lost, from all understanding, a very bright, positive young man, and it's a difficult thing to deal with," Cpt. Ehret added. "It's a great community here, and there's a lot of great community support. And hopefully they feel that, because I know that it's something that affects the whole community."