Kings County District Attorney Charles J. Hynes today announced that charges in the indictment of Julio Acevedo, 44, have been increased, to Manslaughter in the Second Degree.
“While we knew it was a snowy evening and the defendant was speeding, our investigation has developed additional information concerning the nature of Mr. Acevedo’s conduct leading up to the fatal crash,” said District Attorney Hynes.
The investigation revealed that Acevedo was traveling 69.1 miles per hour, more than twice the legal speed limit, and that witnesses, including firefighters and another civilian driver, described Acevedo speeding and passing cars recklessly immediately prior to the incident. As Acevedo passed the Fire Truck and the civilian car, the witnesses heard Acevedo’s car accelerate and watched the car increase its speed. As Acevedo’s car passed the civilian’s car it rounded a curve at a high speed and immediately slammed into the car carrying the victims. After the crash Acevedo exited his car was seen observing the carnage and fled.
According to Penal Law §125.15(1), a person is guilty of Manslaughter in the Second Degree when he recklessly causes the death of another person. “A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.” (PL §15.05(3))
Acevedo is charged with driving nearly 70 miles per hour down Kent Avenue, in Williamsburg on March 3, and striking a livery car, killing Nathan Glauber, 21, his pregnant wife Raizy, 21, and their son, who was successfully delivered prematurely, but died the next day. Acevedo was arrested March 7, in Pennsylvania.
Acevedo was indicted March 12, on charges of Leaving the Scene of an Incident Without Reporting Where Death Results. Today he was indicted on additional charges including Manslaughter in the Second Degree and Criminally Negligent Homicide. He could face up to life in prison if convicted.
(YWN Desk – NYC)