Drunk Drivers Prosecuted to Fullest Extent of the Law in Connection With Death of Innocent Passenger

Modified: October 7, 2015 8:45am

8/13/2015

Erie County District Attorney Frank A. Sedita, III announces that 27 year- old Daniel Demont of 178 Barnard Street in the City Buffalo pleaded guilty as charged to Vehicular Manslaughter in the First Degree. 26 year-old Ashley Alexander of 94 Weaver Street in the City of Buffalo also pleaded guilty as charged to Aggravated Driving While Intoxicated.  Both guilty pleas were taken before Acting State Supreme Court Justice John L. Michalski. These are the highest charges for which the defendants could have been convicted had they gone to trial. In other words, neither Demont nor Alexander received so-called “plea bargains” and were instead prosecuted to the fullest extent of the law. 

On May 2, 2015, in the vicinity of 3121 Clinton Street in the Town of West Seneca, a speeding automobile driven by Demont crossed over the double yellow line and struck another vehicle driven by Alexander, killing her passenger, 29 year-old David Roller. Demont refused to provide a forensic sample, forcing the police to obtain a court order to have his blood drawn.  Subsequent testing revealed Demont had a blood alcohol content (BAC) of .21%.  Demont was prosecuted for a homicide offense because he clearly caused the collision, which in turn caused the victim’s death, and because he was so heavily intoxicated.

Alexander was also intoxicated, having a BAC of .23%. However, because Demont clearly caused the fatal collision, Alexander was not prosecuted for a homicide offense. 

Demont faces up to 15 years in state prison and Alexander faces up to 1 year in jail when they are sentenced on October 27, 2015 at 2:00 p.m. by Justice Michalski.

The case was successfully prosecuted by Assistant District Attorney Kelley A. Omel, Chief of DA Sedita’s Vehicular Crimes Bureau.