HAMBURG, N.Y. (WKBW) — The defense attorney for the accused drunk driver charged in the crash that killed an 8 year-old boy tells 7 News is client has waived his right to a felony hearing.
That decision means Markus Genovese, 52 of Angola, will no longer appear in court on Thursday.
The Erie County District Attorney's Office and the defense are awaiting results of a blood draw that will help determine what additional charges may be filed in this case before it is presented to a grand jury.
According to Hamburg police, Genovese was driving drunk when he slammed into another vehicle Saturday on Route 5 and North Creek Road. A passenger in the other vehicle, Thomas Ross, 8 of Blasdell, died in the crash. A 4-year-old passenger was injured but has since been released from the hospital.
Police say Genovese fled the scene but was later found hiding in a nearby backyard. He was taken to ECMC where he was charged with:
- Driving while intoxicated
- Driving while intoxicated by the combination of alcohol and narcotics
- First-degree vehicular manslaughter
- Second-degree vehicular manslaughter
- Felony aggravated unlicensed operation of a motor vehicle
- Leaving the scene of a fatal auto accident
- Additional vehicle and traffic law violations
Genovese continues to be held without bail.
"It's very easy to feel the emotion of that scene. And it's incredibly difficult to watch a young family be put in that situation and the emotions that they have," Hamburg Police Captain Todd Ehret said. "Our sympathies go out to the family. They are in our thoughts."
Ehret said Genovese is no stranger to law enforcement in Erie County. He is facing at least four felony charges including aggravated unlicensed operation of a motor vehicle. Ehret said a charge like this means he's had his license suspended before.
"It is concerning. Because we have families that drive here," Ehret said.
7 News went to criminal defense attorney Michael Taheri to learn more about the felony charge.
"You really had some underlying one or two alcohol-related convictions. Your license was revoked by a judge for those convictions. You disregarded the other judge's ruling and say, 'don't drive' and you drive again and you drive drunk," said Taheri.
"It makes you wonder, how was he able to get behind the wheel yet again, if he faced a similar charge?" 7 News' Kristen Mirand asked.
"Generally I mean, you have a body of people without driver's license in New York State, that is absolutely the reality but that doesn't mean they don't drive. There's a percentage of people that say, 'You know, what, I know I don't have a license. But I'm gonna drive anyway,'" Taheri said. "The judge isn't authorized to say, 'I'm taking your car and you can't have it,' and so sometimes they have access to a car."
The Frontier Central School District confirmed that Ross was a second-grade student at Blasdell Elementary School. The district said counselors and social workers are available to assist both students and staff.
“Our hearts are with his family during this incredibly difficult time. Thomas was a beloved member of our school community, known for his bright smile, kind heart and enthusiasm for learning. In Tommy’s time at Blasdell, he impacted the lives of many, both students and staff alike.
Losing a cherished member of our school community is never easy. We are saddened by the loss of Thomas and we will continue to be respectful of his family’s privacy. We are stronger together, and as a family at Blasdell we will lean on one another for support and strength during this challenging time.”
“This is a tragic loss for the entire Frontier District, and especially for his friends, teachers and staff at Blasdell Elementary. Our deepest sympathies go out to his family at this difficult time.”
Heartbreak is the overwhelming feeling in the Blasdell community.
The Frontier community and surrounding school districts have made it known they'll do whatever they can to help.
Anyone with information on the crash is asked to contact Officer Eric Wilson of the Hamburg Police Department Accident Investigation Unit at (716) 648-5111 ext. 2571.
"People do have choices and once they get behind that wheel and they begin driving, they have pulled the trigger on a gun," said Susan Pendleton, volunteer and advocate with Mothers Against Drunk Driving.
There is a GoFundMe Page raising money for the family here.
There is a 24-hour helpline providing help for those affected by drunk driving, call 1-877-623-3435.
