A New York jury recently convicted someone for a fatal accident that he did not directly cause. A case like this is extremely rare in New York, but it does occasionally happen: a person can be charged with criminal homicide if the death was a foreseeable result of their actions.

James Ryan, a 29-year-old man from Long Island, NY, faced homicide charges in connection with the DUI-related death of a Nassau County cop. The tragic accident occurred on the Long Island Expressway. Nassau County police officer Joseph Olivieri was responding to two other car accidents caused by Ryan when he was struck and killed by a vehicle.

The tragic events began earlier that night, when Ryan went out for drinks in New York City and then got behind the wheel of a Toyota. Ryan was headed to his residence in Long Island when he slammed into a BMW on the Long Island Expressway. Despite causing the drunk driving accident, Ryan did not remain at the scene of the accident and instead continued driving on the highway.

After traveling roughly one mile from the site of the first accident, Ryan stopped his car. He was then hit by another motor vehicle.

Olivieri was subsequently dispatched to the highway to check on the drivers and passengers involved in both accidents. When Olivieri arrived at the second accident scene, he got out of his patrol car and began to speak with Ryan. As Olivieri was talking to Ryan, the driver of an SUV lost control of the vehicle and crashed into the NY police officer.

Law enforcement later performed a breath test on Ryan and learned that his blood alcohol concentration (BAC) was at .13 percent, significantly higher than the legal limit of .08 percent BAC in New York. As a result, Ryan was charged with numerous crimes, including manslaughter.

Ryan was ultimately convicted on several criminal charges, including aggravated criminally negligent homicide, vehicular manslaughter, Driving While Intoxicated (DWI) and reckless endangerment. However, the jury did acquit Ryan on a charge of aggravated vehicular homicide.

Now Ryan has been ordered to serve prison time. A sentencing hearing lasted approximately one hour and concluded with the judge ordering that Ryan serve a term of 12 years in New York State Prison, with the defendant required to serve at least five years behind bars before he becomes eligible for release on parole. If Ryan had been convicted on all of the criminal charges in the case, he would have been subject to a sentence of 20 years in state prison.

Prior to being sentenced, Ryan addressed the Olivieri family, which was in the courtroom. Ryan told them that he was “deeply sorry” for their loss and that he “deeply regrets” the fact that Olivieri lost his life in the fatal car crash. However, an assistant district attorney who handled the case later called out Ryan for refusing to accept blame for the accident that killed the New York cop.

To learn more about this DUI case, read the New York Post article, “Drunk Driver Gets Up to 12 Years for Cop’s Death in Accident He Wasn’t Involved In.”

 

If you or a loved one has been charged with Driving While Intoxicated (DWI), Driving Under the Influence (DUI), Refusing a Breath Test or any other drunk driving offense in New York, you need to talk to a qualified criminal and traffic defense lawyer. The experienced criminal and DWI defense attorneys at the LaDuca Law Firm can help you fight your charges and avoid the most severe penalties. Contact us now to schedule a free consultation at our office in Rochester, NY.