LANCASTER, N.Y. (WKBW) — The Erie County District Attorney's Office announced that 35-year-old Nicholas M. Rich of Darien was arraigned on Saturday in Lancaster Town Court on one count of vehicular manslaughter, one count of tampering with evidence, one count of driving while intoxicated and one count of reckless driving.
Rich is accused of recklessly driving a vehicle at a high rate of speed, while under the influence of alcohol, when he caused a crash with another vehicle at the intersection of Broadway and Schwartz Road in the Town of Lancaster around 8:40 p.m. on October 13. Rich is also accused of throwing a thermos, containing suspected alcohol, out of his vehicle after the crash.
According to the district attorney's office, the driver and one passenger of the other vehicle were taken to ECMC with serious injuries. A second passenger, 10-year-old Levi Zielonka, was pronounced dead at Sisters of Charity Hospital, St. Joseph Campus.
Rich was also transported to ECMC with injuries. He is scheduled to return on Thursday for a felony hearing and was held without bail.
