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July 30, 2013 -- Westchester County District Attorney Janet DiFiore announced that Brett Nelson (DOB 07/12/94) of 2726 Gomer Street, Yorktown, New York pled guilty today to a five count indictment charging him with:

  • one count of Criminally Negligent Homicide, a class “E” Felony,
  • one count of Reckless Driving, an unclassified Misdemeanor in the NYS Vehicle and Traffic Law,
  • one count of Unlawful Possession of Marijuana, a Violation,
  • one count of VTL 1125, Driving to Left Side of Center of Roadway, a Traffic Infraction of the NYS Vehicle and Traffic Law,
  • one count of VTL 1146, Failure to Exercise Due Care To Avoid Pedestrian, a Traffic Infraction of the NYS Vehicle and Traffic Law.

On November 8th, 2012, at approximately 8:00 pm, the defendant was operating his 2002 Chevrolet Cavalier on Farm Walk Road in Yorktown, when he admitted to crossing over to the left side of the two way roadway, passing another vehicle, and striking a pedestrian who was walking his dog just feet from his residence.    

After striking the victim, 57 year old Randy Zapakian, the defendant’s vehicle drove off of the roadway and traveled approximately 100 feet before hitting a tree.

The victim was deceased at the scene.

One of the first police officers on the scene smelled an odor of marijuana coming from the vehicle, which was subsequently found inside the center console of the vehicle.

The defendant consented to a chemical test of his urine and blood, and the Westchester County Department of Labs and Research determined both tested positive for THC, the principal ingredient of Marijuana.

After an extensive investigation and accident reconstruction by the Yorktown Police and reviewed by the Westchester County Police, a Westchester County Grand Jury voted an indictment. Arraignment took place on May 10, 2013.

The defendant’s bail, set at $25,000 cash or bond, was revoked and he was remanded to the Westchester County Jail to await sentencing on October 1, 2013.

The defendant faces a maximum sentence of four years in state prison.

Assistant District Attorney Jonathan Strongin, of the Superior Court Trail Division, is prosecuting the case.