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DMV says driver in Scajaquada fatality has valid license

The driver involved in the May 30th accident that killed 3-year-old Maksym Sugorovskiy and critically injured his 5-year-old sister in Delaware Park has a license that is in good standing and has never been revoked, according to the state Department of Motor Vehicles.

But DMV spokesman Joe Morrissey said he was legally prevented from releasing information on whether Christian P. Myers, 28, in seeking his license, had checked a box on the DMV’s MV-44 form asking whether he was receiving treatment or prescribed medication for “any condition which causes unconsciousness or unawareness such as convulsive disorder, epilepsy, fainting or dizzy spells or heart ailment.”

“By law, medical information, including information provided by drivers on the MV-44 form, cannot be disclosed under the provisions of the federal Driver’s Privacy Protection Act,” Morrissey said.

Investigators are seeking a copy of that form, law enforcement officials say.

Myers told Buffalo police he fell asleep at the wheel and that was what caused the accident shortly before noon.

The fatality remains under review by the police department’s Accident Investigation Unit.

Myers’ pastor has said that he suffers from narcolepsy and epilepsy, but his father later told The Buffalo News his son does not have epilepsy.

When asked if his son has narcolepsy, a neurological sleep disorder, the father declined to comment.

Myers remains deeply upset by the tragedy and is receiving mental health treatment, his father said.

Police officials say they are still waiting for forensic results from tests on the Chevy Malibu that is expected to reveal how fast Myers was driving and how soon he braked. It has been estimated the vehicle was traveling between 50 and 60 mph when it went off the westbound lanes of the Scajaquada Expressway, crossed over a grassy median and struck the two children and their mother, Mary, 32, on the Ring Road, inside the park. The mother suffered minor injuries.

Results from toxicology tests to determine if alcohol or drugs played a role in the crash are also pending, but those who know Myers said they have never observed any indications that he abused alcohol or any other substances. No charges have been filed against Myers.

George Kennuth, Myers’ next door neighbor for about the last 10 years, said Myers does not drink and was always available to help others in their Riverside neighborhood.

“Chris has always been helpful. Even if he is on his way to work, he’ll come over and say, ‘George, do you need anything?’ He works in Lancaster at an assembly plant,” said Kennuth, 84.

After the crash, Gov. Andrew M. Cuomo directed the state Department of Transportation to lower the speed limit on the Scajaquada from 50 mph to 30 mph and install guardrails and jersey barriers along the park portion of the expressway.