111 Dr. Martin Luther King, Jr. Blvd.
White Plains, NY 10601
Tel: (914) 995-3586
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May 13, 2013 -- Westchester County District Attorney Janet DiFiore announced today that a six count indictment was unsealed against Kenyatta Garner (DOB 07/13/76) of 616 E Lincoln Avenue, Mount Vernon, New York charging him with:
- two counts of Criminally Negligent Homicide, class "E" Felonies,
- two counts of Assault in the Third Degree, class "A" Misdemeanors,
- one count of Unauthorized Use of a Vehicle in the Third Degree, a class "A" Misdemeanor,
- one count of VTL 1180, Speed in Excess of 55 Miles Per Hour, a Traffic Infraction of the NYS Vehicle and Traffic Law.
On July 8, 2012, at approximately 12:15 p.m., the defendant was driving a black 2010 Mercedes Benz, at an excessive rate of speed, southbound on the Saw Mill River Parkway with four other passengers in the car.
As the defendant approached a curve near an entrance ramp, he veered into another lane and slammed into the rear of a Honda that was also traveling southbound on the parkway. The Mercedes struck a concrete barrier and flipped several times before coming to rest over 500 feet away from the point of impact. Two of the rear seat passengers were ejected from the vehicle and died that day. The other rear seat passenger was transported to Jacobi Hospital where she was initially listed in critical condition and remained in the hospital for approximately two weeks. The front seat passenger was also transported to Jacobi Hospital and treated for her injuries.
The defendant was taken to Jacobi Hospital as well, where he remained for several weeks having reportedly suffered broken bones and other internal injuries.
Westchester County Police responded and commenced an accident reconstruction.
Following the incident, the owner of the black Mercedes that defendant was driving was contacted at which time it was learned that the vehicle had been taken from a parking garage in Manhattan without the owner's knowledge or consent.
There are no connections between owner and the defendant or any of the passengers.
Bail was set at $30,000 cash or bond.
The defendant's next court date is May 22, 2013.
He faces a maximum sentence of four years in state prison on the top counts.
Assistant District Attorney Shameika Mathurin, of the Superior Court Trail Division, is prosecuting the case.
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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.
