Teen Involved In Fatal Boating Crash Pleads Guilty

Modified: May 27, 2016 4:19pm

5/24/2016

Acting Erie County District Attorney Michael J. Flaherty, Jr. announces that 18-year-old Gregory Green, of 7th Avenue, North Tonawanda has pleaded guilty before Erie County Court Judge Sheila DiTullio to charges stemming from a boating crash on Ellicott Creek in the Town of Tonawanda that claimed the life of 16-year old Avery Gardner of Lockport.

Green, who was 17-years-old when the incident took place on June 11, 2015, has pleaded guilty to Criminally Negligent Homicide and Vehicular Manslaughter. 

Court papers say Green was intoxicated with a BAC of .15%, nearly twice the legal limit, and was under the influence of marihuana, as he operated the boat at a high rate of speed and in a reckless manner.  As the boat approached and went under a footbridge, Gardner’s head struck the footbridge, causing her death. 

Also in the boat at the time was 51-year old Timothy Wisniewski of the City of Tonawanda, who has been charged with Criminally Negligent Homicide, two counts of Operating a Vessel While Under the Influence of Alcohol, Endangering the Welfare of a Child and Unlawful Possession of Marihuana. Wisniewski remains in jail on $20,000 bail. 

Green faces up to 7 years in jail when he is sentenced by the Hon. Sheila A. DiTullio, JCC on August 16, 2016 at 2:00PM.

Acting District Attorney Flaherty credited The Town of Tonawanda Police Department for its exhaustive investigation into the case, spending hundreds of hours conducting interviews with assistance from several other agencies, including New York State Police and the Ellicott Creek Fire Department.

Vehicular Crimes Bureau Chief Kelley Omel and ADA Christopher McCarthy have been assigned to the case.