A Brooklyn man involved in the fatal crash that killed a Williamsburg Jewish couple and their unborn baby in March 2013, has had his convictions overturned.
On March 3, 2013, Julio Acevedo crashed into a livery cab while driving his BMW at 70 miles per hour, killing Nathan Glauber, 21, and his wife, Raizy, 21, who was seven months pregnant with their son, Tanchem. He was delivered alive, but died the next day.
Acevedo fled the scene of the accident, but was arrested by police 4 days later.
In 2015, Acevedo was convicted of two counts of second-degree manslaughter, one count of criminally negligent homicide and two counts of leaving the scene of an incident without reporting in Feb. 2015 after a trial.
Acevedo faced up to 15 years in prison on the top count, but because he was a persistent felony offender, he received an enhanced sentence of 25 years to life in prison.
But Acevedo’s convictions were overturned today by the Second Judicial Department of the Appellate Court of New York State. The court ruled that the evidence against him was legally insufficient to conclude that his driving was reckless enough to be considered criminal negligence.
This leaves one charge remaining, leaving the scene of an incident without reporting it, for which Acevedo will be resentenced.
Can the state prosecutors appeal this decision to the new York State Court of Appeals?. If so it is incumbent upon Simcha Eichemstein to use every ounce of influence to make sure this happe4ns.
ReplyDelete