SCHENECTADY, N.Y. (WTEN) — We told you about that fatal hit and run in Schenectady that killed a young boy. The suspect faces a felony charge for leaving the scene of a fatal accident, but the victim’s mother questions why the suspect is not facing more serious charges.
NEWS10 went looking for those answers on Tuesday. Zion Delancy was that 8-year-old victim who died in that hit and run accident. His mother Sequia Gamble questions why the suspect is facing as little as time served or a maximum sentencing of up to seven years.
After I spoke with the Schenectady District Attorney’s Office, we learned when Conroy Simpson was arrested he sat down with a drug recognition expert, who did not determine the suspect was under the influence. A breathalyzer was not administered.
D.A.’s office said impairment would have to be proven for more serious charges to apply. I reached out to attorney Aaron Pam, a senior associate at Tully Rinckey. He said he’s seen these types of cases play out in different ways.
“But because of the accident, there is a provision in the law where you may be transported, even against your wishes, to a local hospital or medical facility where blood may be drawn to test your level of sobriety,” said Pam. “But however, again, you’re not in that situation if you bring into it a hit and run.”
Pam said officers must have a reasonable suspicion to collect that evidence, and fleeing the scene of a fatal accident is not necessarily considered reasonable suspicion.
“In the end, the officers are trained in this area. So if their observations were that this is a sober person, then that’s the decision that they made and they had no cause to test him for substances if their eyes and training told them that it was a sober person,” said Pam.
Simpson was expected back in court on December 16 for a compliance hearing. However, that was adjourned. The jury trial is slated to start on June 8.
Delancy would have turned 9-years-old on December 11.
