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May 10, 2013 -- Westchester County District Attorney Janet DiFiore announced that Brett Nelson (DOB 07/12/94) of 2726 Gomer Street, Yorktown, New York was arraigned today on 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 Nov. 8, 2012, at approximately 8 pm, the defendant was operating his 2002 Chevrolet Caviler on Farm Walk Road in Yorktown, when he crossed over to the left side of the two way roadway striking a pedestrian who was walking his dog just feet from his residence.

After striking the victim, 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 scene smelled an odor of marijuana coming from the vehicle. Marijuana was located inside and outside of the vehicle and a marijuana pipe was found on the ground in the area of the initial collision.

The defendant consented to a chemical test of his urine and blood. The Westchester County Department of Labs and Research tested the blood and urine and found both to be 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.

Bail was set at $25,000 cash or bond.

The defendant's next court date is May 28, 2013.

He faces a maximum sentence of four years in state prison on the top count in the indictment.

Assistant District Attorney Jonathan Strongin, of the Superior Court Trail 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.