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April 13, 2016 -- Acting Westchester County District Attorney James A. McCarty announced that Zachary Tokson (DOB 07/18/92) of 9 Seymour Lane, Armonk, NY was arraigned today on a fourteen-count indictment charging him with:

  • two counts of Aggravated Vehicular Homicide, class “B” Felonies,
  • one count of Manslaughter in the Second Degree, a class “C” Felony,
  • two counts of Vehicular Manslaughter in the Second Degree, class “D” Felonies,
  • two counts of Vehicular Assault in the Second Degree, class “E” Felonies,
  • one count of Driving While Intoxicated Per Se, an Unclassified Misdemeanor,
  • one count of Driving While Intoxicated, an Unclassified Misdemeanor,
  • one count of Reckless Driving, an Unclassified Misdemeanor,
  • three counts of Obedience to and Required Traffic-Control Devices, Violations of the Vehicle and Traffic Law,
  • one count of Driving Wrong Way, a Violation of the Vehicle and Traffic Law

in the death of Elena Lopez.

On Dec. 13, 2015 at approximately 5:49 a.m., the defendant was driving a white Lexus SUV northbound in the southbound lanes of I-684 within the Town of Bedford.

At mile marker 16.8, he along with a front seat female passenger collided head on with the victim who was driving a gray Ford Focus station wagon. The victim died instantly on impact from multiple blunt force trauma injuries.

The defendant suffered a laceration over his right eye. His passenger suffered broken ribs, a dislocated femur, along with lacerations to her liver and spleen. She survived.

A subsequent investigation revealed that the defendant had been drinking hours earlier at a bar in Brewster. After leaving the bar and having stopped for some food, the defendant and his passenger proceeded south on I-684. They stopped at the Bedford Rest area to take a nap.

The defendant woke up and began driving the wrong way on I-684 for approximately 1.1 miles prior to the collision.

A search of his vehicle revealed a closed, empty bottle of whiskey and a mixed alcohol drink inside a closed soda bottle.

He was placed under arrest by New York State Police.

Tokson plead not guilty to the charges.

Defendant’s bail, which was set at $100,000 dollars bond in local court, remains in effect.

His next court date is July 20 , 2016.

The defendant faces an indeterminate sentence of imprisonment, the maximum term may not be less than three years nor more than 25 years, and the minimum term may not be less than one year nor more than one-third of the maximum term. Thus, the least sentence is one to three years, and the greatest sentence is eight and one-third to 25 years.

Assistant District Attorney Nicholas DiConstanzo of the Superior Court Trial Division is prosecuting the case.


In compliance with Disciplinary Rule 7-107A of the Code of Professional Responsibility, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.