Top court dismisses conviction of Monticello teen

Court rules fatal crash was not criminal

By FRITZ MAYER

ALBANY, NY — A Monticello teenager, who spent two years in a maximum-security prison, has been cleared of criminal conduct by the New York Court of Appeals. In a four to three decision, handed down on May 1, the majority said that the car accident that led to the conviction of Brett Cabrera on multiple felony counts was accidental, and Cabrera should not have been convicted.

The case dates back to an accident on June 15 in 2004, in which Cabrera, then 17 years old, was driving four friends on a stretch of Sackett Lake Road that has seen numerous crashes over the years. Cabrera was the only one wearing a seat belt, and when he lost control of the vehicle and crashed, three of his friends were killed and one other was seriously injured. There were no drugs or alcoholic beverages involved in the accident.

Sullivan County District Attorney Steve Lungen prosecuted the case against Cabrera, who was convicted of three counts of vehicular homicide and one count of assault. The New York State Appellate Court upheld the convictions.

In a statement issued to media outlets, Cabrera’s attorney, Kirk Orseck, Esq. of Liberty, said that his client’s conviction had been “predicated on the fact that his junior license restrictions required him to see that his passengers wore seatbelts, and that he not have more than two passengers under 21 years of age in the car.”

The Court of Appeals, however, said, “Simply put, Cabrera’s failure to ensure that his passengers wore seat belts was not conduct causing or contributing to the risk of an automobile accident; the fact that Cabrera’s passengers were teenagers likewise did not cause or contribute to the crash.”

Cabrera’s attorneys have argued at various times in court that there was not racing or other reckless behavior involved in the accident. The cause of the crash was Cabrera’s failure to negotiate a curve. After he lost control, the car skidded into the opposite lane, struck a tree and flipped over.

The crash killed 15-year-old Ashley Morgan of Monticello, 14-year old Sierra Cerrone of Harris and 18-year-old Max Gonzalez of Monticello. Eighteen-year-old Santiago Mendoza of Monticello was seriously injured.

Cabrera, who is now 20 years old and living in Florida, told reporters he is relieved that the court has vacated his convictions. He said he hopes the court’s decision will help him get a job as an occupational therapist. He said his arrest record has, up to this point, hindered his attempt to get such a job.