Modified: November 10, 2016 5:32pm
Acting District Attorney Michael J. Flaherty, Jr. announces that 32-year-old Kevin McCabe of Belfast, New York has been sentenced by State Supreme Court Justice M. William Boller to 2-6 years in prison for a crash that killed his son.
In September, a jury found McCabe guilty of Manslaughter in the Second Degree and two counts of Endangering the Welfare of a Child.
McCabe was convicted of operating a motor vehicle in a reckless 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.
Acting DA Flaherty credits 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.
Acting DA Flaherty also commends Chief Trial Counsel Christopher J. Belling and Assistant District Attorney Lauren Nash who successfully prosecuted the case.