Kevin McCabe has been convicted of second-degree manslaughter and two counts of endangering a child in a crash that killed his 4-year-old son and injured his niece.
A unanimous jury convicted the 32-year-old nearly a year after the crash. The Sherrif's office responded to the scene on Route 16 in the Town of Sardinia, where they found McCabe's pick-up truck slammed into the back of a tractor-trailer.
Tristan McCabe was seated next to his father in the front seat, alongside his 7-year old cousin, who was extracted from the vehicle and sustained a broken femur as a result of the crash.
The defendant was also injured as a result of the collision and was taken to ECMC where a chemical analysis of blood samples showed high levels of methamphetamine, a controlled substance under NY State law. The defense, however, argues according to expert testimony, it is hard to determine whether the substance was in the form of cold medicine or not.
McCabe's bail has been set for $100,000 before sentencing, which is scheduled for October 28th. He remains in custody, the defense plans to appeal the court's decision.
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