Drunk Driver’s New Year Begins with a Bang and a Bust

Modified: June 9, 2015 10:55am


Erie County District Attorney Frank A. Sedita, III announces that 25 year-old James Aviles of Sheffield Avenue in the City of Buffalo pleaded guilty as charged to Vehicular Assault in the Second Degree before State Supreme Court Justice Deborah A. Haendiges. This is the highest charge for which the defendant could have been convicted had he gone to trial.  In other words, Aviles did not receive a so-called “plea bargain” and was instead prosecuted to the fullest extent of the law. 

On January 1, 2015 at 4:00 a.m., Aviles crashed his Ford Bronco into a pillar at the Butler Mansion, located at the corner of Delaware Avenue and North Street in the City of Buffalo. Aviles’ front seat passenger, LaVonce Donaldson, sustained serious injuries, including a fractured femur.  Shockingly, Aviles’ was highly intoxicated as evinced by his blood alcohol content of .21%, which is well over twice the legal limit.

Aviles faces a maximum of 16 months to 4 years in state prison when he is sentenced on July 7, 2015 before Justice Haendiges. 

The case was successfully prosecuted by Assistant District Attorney Christopher M. McCarthy, who is assigned to DA Sedita’s Vehicular Crimes Bureau.