Jury Returns Guilty Verdict In Crash That Killed Four Year Old

Modified: September 28, 2016 4:12pm


Acting District Attorney Michael J. Flaherty, Jr. announces that a jury has returned a guilty verdict against 32-year-old Kevin McCabe of Belfast, New York on the charges of Manslaughter in the Second Degree and two counts of Endangering the Welfare of a Child. 

The weeklong trial was conducted before State Supreme Court Justice M. William Boller.  McCabe was charged with 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 his blood samples tested positive for methamphetamine which is a controlled substance under New York State’s Public Health Law.  

McCabe now faces a maximum of 15 years in jail when he is sentenced on October 28, 2016, 9:30 a.m. by Justice Boller. Bail was set at $100,000. 

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.