Retired New York State trooper David O' Brien of Allegany, is accused of driving drunk and crashing into another car which killed the driver. A jury was selected Monday and his trial began Tuesday at Cattaraugus County court in Little Valley. The 69 year old did not want to comment outside the courtroom, nor did his wife.
O' Brien is facing several charges, including two counts of DWI, vehicular manslaughter in the second (felony), and criminally negligent homicide (felony). He's accused of driving drunk after leaving an event in Cuba, NY to travel to Salamanca on the night of April 26th, 2008. He ended up getting off the 86 and going the wrong way southbound on the 219. He crashed into another vehicle there in the Town of Carrollton, which killed 38 year old Wendy Karnes of Bradford, PA. Both worked at a casino in Salamanca. "It's a tragedy for the family of this young woman who was killed, it's a tragedy for Mr. O' Brien who was a distinguished police officer for the NYS police," O' Brien's attorney Edward Cosgrove said.
About a dozen witnesses testified on Tuesday, including a deputy who was on the scene of the crash that night. He stated O' Brien appeared to be drunk and failed a field sobriety test after O 'Brien attempted a leg stand test but couldn't maintain his balance. Also that O 'Brien stated he had 3 or 4 beers within two hours at an event in Cuba before getting in a car to drive to Salamanca.
O' Brien's attorney says there were many factors that lead up to the crash but claims O' Brien was not intoxicated. "He was driving, drinking, he was tired, he worked hard that day... he did all of those things," Cosgrove said. "He suffered from so much fatigue that he got lost on the roadway and he killed this young woman. Now that doesn't make him criminally responsible, that makes him civilly responsible."
O' Brien's trial continues through this week. He faces possible jail time if convicted.
Wendy Karnes was born in Cuba, NY and graduated from Cuba High School. She leaves behind two children.
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