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Father charged in crash that killed son, 4, allowed to remain free on bail

Kevin P. McCabe applied for a passport shortly after the horrific truck crash in October that killed his 4-year-old son – and before he was arrested for allegedly being high when the collision occurred.

During McCabe’s arraignment on felony charges Thursday morning, Assistant District Attorney Lauren Nash questioned the timing of McCabe’s interest in international travel. Noting that Toronto and its airport are less than two hours away, she asked State Supreme Court Justice M. William Boller to order McCabe held without bail to keep him from fleeing.

McCabe, 32, drove his pickup into the back of a tractor-trailer in Sardinia on Oct. 8, shearing off the cab of his truck and fatally injuring his son, Tristan. An 8-year-old niece riding with them was injured, as was McCabe.

He is charged with aggravated vehicular homicide in the death of his son, along with the lesser charge of manslaughter; one count of vehicular assault for the injuries sustained by his niece; and two misdemeanor charges of acting in a manner injurious to a child. McCabe’s case went before a grand jury after he reportedly rejected a pre-indictment plea offer.

McCabe was arrested in January after Sheriff’s Office investigators allegedly found evidence that he was under the influence of an illegal narcotic – methamphetamine – at the time of the crash. He is free on $10,000 cash bail and now lives in Belfast, in Allegany County. He was moving there from Kenmore at the time of the crash.

Asking Thursday that bail be maintained, McCabe’s attorney, Scott Riordan, assured the judge, “He’s not going anywhere. This is a person who works full time. He has no criminal record.”

Boller said he found the passport application to be of concern but also that he appreciated that McCabe had hired an attorney and been present for all scheduled court appearances.

He allowed bail to continue and ordered that McCabe be put under supervision of probation and wear an ankle bracelet.

“You’re not going to Canada, you understand?,” he told McCabe.

“I’m not going to Canada,” McCabe responded.

A tentative date of Sept. 6 was set for trial.