Sept. 11, 2017 -- Westchester County District Attorney Anthony A. Scarpino, Jr. announced today that Emma Fox (DOB 12/01/91) of 413 Midland Avenue, Rye, NY was arraigned on an indictment today before Judge Anne Minihan and charged with:

  • one count of Vehicular Manslaughter in the Second Degree, a class “D” Felony,
  • two counts of Operating a Motor Vehicle While Under the Influence of Alcohol,  unclassified Misdemeanors,
  • one count of Reckless Driving, an unclassified Misdemeanor,
  • one count of Driving In Excess of Maximum Speed Limits, a Violation under the Vehicle and Traffic Law

in the death of Robert Schartner (DOB 07/06/95).

On Oct. 9, 2016, at approximately 4:50 a.m., the defendant was driving her 2012 Nissan Sentra eastbound on Westchester Avenue in White Plains when she struck and killed the victim, a 21-year-old Manhattanville college student who was running back to his dorm from a location in downtown White Plains.

After striking the victim, the defendant drove approximately one-half mile before stopping her car on the right shoulder of Westchester Avenue near Meadowbrook Road. A passing motorist saw that the defendant’s car had sustained substantial damage to the windshield and called 911.

Police responding to the scene found the victim unconscious on the shoulder of Westchester Avenue near the entrance to eastbound Interstate 287. He had severe trauma to the back of his head. He was pronounced dead at the scene.

White Plains police officers detected an odor of alcohol on the defendant’s breath.   Standard Field Sobriety tests were conducted which the defendant failed. She was then arrested and transported to White Plains Police Department Headquarters. 

The defendant was then taken to White Plains Hospital where she consented to a blood and urine test.  Testing revealed that the defendant’s blood alcohol was above .08 percent.

An autopsy of the victim revealed that the cause of death was blunt force trauma of the body with fractures of skull and ribs, lacerations of brain, lungs, liver and internal hemorrhages. 

The defendant pled not guilty.

She remains out on bail.

Her next court date is Oct. 4, 2017.

The defendant faces two and one third to seven years in state prison.

This case is being prosecuted by Assistant District Attorney Jean Prisco of the Superior Court Trial Division.

police photograph of Emma Fox

Emma Fox

 In compliance with the Rules of Professional Conduct, Rule 3.6, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.


Media contact: Robert Wolf
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