Conviction upheld for father whose son died in truck crash - The Buffalo News

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Conviction upheld for father whose son died in truck crash

Kevin McCabe has lost an appeal to overturn his manslaughter conviction over the crash two years ago that killed his son.

A year ago State Supreme Court Justice M. William Boller sentenced McCabe to two to six years in prison after a jury found he recklessly caused the death of his 4-year-old son, Tristan. McCabe, 33, has been free the past year as the Appellate Division of State Supreme Court considered his appeal.

McCabe was driving on Route 16 in Sardinia on a sunny afternoon when his pickup crashed into the back of a tractor-trailer that had pulled partially off the road while turning into a driveway. The prosecution said he had used methamphetamine and did not brake until a second or two before impact.

Tristan and McCabe’s 7-year-old niece were riding in the front seat of the truck, and were not in car seats. The niece sustained a broken leg and McCabe suffered a head injury.

Scott Riordan, McCabe’s attorney, said the facts of the case do not support a manslaughter conviction.

He took issue with the Appellate panel agreeing that trial evidence established that McCabe “had significant quantities of methamphetamine in his system," noting that the prosecution's witness was more equivocal on the results.

Riordan said he plans to seek leave to have the case heard by the Court of Appeals, but meanwhile McCabe will return to court and very likely be ordered to begin serving his sentence.

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