Buffalo, N.Y. (WBEN) - A decision regarding the future of the criminal case involving a 16-year-old adolescent offender who crashed a stolen Kia Sportage and killed four other teenagers back on Oct. 24 remains up in the air.
The adolescent offender returned to court on Wednesday in front of Judge Susan Eagan for a pre-trial conference after an adjournment of the original court date on Monday. During Wednesday's appearance, Judge Eagan heard arguments from both parties to determine whether or not the case should remain in Erie County Court, or it would return to Family Court.
However, given some discovery in the case that has yet to be reviewed, the decision has been reserved by Judge Eagan, and a final decision regarding the matter will be notified to all parties in writing.
As part of the arguments on Wednesday, the prosecution claims the indictment charges indicate enough to keep the case from being moved back to Family Court. As Erie County District Attorney said a little more than a week ago, the prosecutors were attempting to show significant physical injury was done in this case, which in this case is the death of four other passengers that should be able to qualify the case to keep it in the adult part of Erie County Court.
There are three scenarios that can play out from here with the case pertaining to the adolescent offender:
- A return to Family Court, which will likely result in minimal sentencing.
- The case stays with in adult court and the defendant gets a youthful offender sentence, which also reduces the sentencing.
- The case remains in adult court and the defendant does not get youthful offender status, which means he will be treated as an adult.
Prosecutors were also making the claim during arguments that the lone surviving passenger of the accident has given her sworn testimony to the grand jury, and that she did not have knowledge of the car that was being driven at the time being stolen. They also say that none of the passengers riding in the car were in control of the car other than the adolescent offender, who was behind the wheel when the car on the ramp towards the Scajaquada Expressway.
However, the defense is claiming the prosecution failed to do enough to prove or show the others in the car were non-participants in the criminal activity of stealing the car. In addition, with the passengers likely to have been charged with Criminal Possession of Stolen Property, had they been pulled over, it was part of the reasoning for why the case should be steered back to Family Court.
The defense also adds there were not any other people who were impacted by significant injury other than the one sole passenger who survived the accident.
Some other information leading up to the accident was also detailed in court on Wednesday, including the black box data that was received in the moments before the car crashed on the ramp.
Just five seconds before the accident took place, the vehicle was traveling on the Kensington Expressway at 114 miles-per-hour with the gas pedal pressed at 99% and the engine throttle at 96%. As the car entered the ramp just before jumping the concrete barrier, the car was still going at 68 miles-per-hour.
It is unclear when the written decision from Judge Eagan will be released to both parties regarding the case.
