Modified: February 20, 2015 3:49pm
Erie County District Attorney Frank A. Sedita, III announces that 25 year- old Nicholas Fachko of 906 Carter Creek Drive in the Town of Grand Island pleaded guilty as charged to Vehicular Assault in the First Degree before Erie County Court Judge Kenneth F. Case. This is the highest charge for which the defendant could have been convicted had he gone to trial. In other words, Fachko did not receive a so-called “plea bargain” and was instead prosecuted to the fullest extent of the law.
On September 22, 2014, Fachko rear-ended the vehicle of another motorist as that motorist was slowing down for a stop sign at the corner of Whitehaven and East River Roads. An investigation spearheaded by Sergeant Daniel Dytchkowskyj of the Erie County Sheriff’s Office proved Fachko was speeding and driving with a .25% blood alcohol content, which is over three times the legal limit. The innocent motorist suffered serious physical injuries, including traumatic brain injury requiring 24 hour daily care, as a result of the assault.
Fachko faces up to seven years in state prison when he is sentenced on March 26, 2015 before Judge Case.
The case was successfully prosecuted by Assistant District Attorney Christopher M. McCarthy, who is assigned to DA Sedita’s Vehicular Crimes Bureau.