Acting District Attorney Michael J. Flaherty, Jr. announces that 32-year-old Kevin McCabe of Belfast, New York has been arraigned before State Supreme Court Justice M. William Boller on an indictment charging him with Manslaughter in the Second Degree, two counts of Aggravated Vehicular Homicide, one count of Aggravated Vehicular Assault and two counts of Endangering the Welfare of a Child.

McCabe is accused of operating a motor vehicle while impaired by the use of methamphetamine, a controlled substance, in a manner that caused the death of his passenger, his 4 year old son Tristan McCabe.

On October 8, 2015, the Erie County Sheriff’s Office responded to a horrific crash that occurred on Route 16 in the Town of Sardinia, involving a 2005 Chevrolet Colorado pick-up truck that drove directly into the back of a tractor-trailer.  

As a result of the collision, Tristan McCabe, who was seated next to Kevin McCabe in the front seat of the pick-up truck and not properly restrained in a child’s car seat later died from his injuries.  Also seated in the front of the pick-up truck was Katherine McCabe, the defendant’s niece, who was extricated from the vehicle and sustained a broken femur as a result of the crash.  

The defendant who was also injured as a result of the collision was taken to ECMC where both a DWI blood draw was taken, as well as hospital blood.  Chemical analysis of both blood samples was positive for a high level of methamphetamine which is a controlled substance under New York State’s Public Health Law.  

McCabe, who is free on $50,000 bond, was ordered by Justice Boller to wear an ankle bracelet to keep track of his whereabouts. He will be back in court for a pre-trial conference on June 3, 2016 at 9:30 a.m. before Justice Boller.

Acting DA Flaherty commends the Erie County Sheriff’s Office that worked around the clock to preserve the crime scene, interview witnesses, and collect evidence. Special recognition should be given to Sergeant Eric Kaderli, Deputy Jeffrey Ely and Deputy Simon Biegasiewicz who spent countless hours on this investigation.  

Assistant District Attorney Lauren Nash is prosecuting the case.

As are all persons accused of a crime, the defendant is innocent until proven guilty in a court of law.