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Driver pleads innocent in Tonawanda crash that injured cab passenger

A Buffalo man has been indicted on a charge of vehicular assault for allegedly driving while high last spring, causing a crash that left a Tonawanda man seriously injured.

Maxamillion Hernandez, 20, pleaded not guilty at his arraignment last week in Erie County Court on charges of vehicular assault in the second degree and assault in the second degree, both felonies. He also is charged with several misdemeanors and traffic infractions in connection with the crash.

According to the District Attorney's Office, Hernandez was impaired by marijuana May 10 when he drove his speeding vehicle through a red light on River Road in Tonawanda and T-boned a taxi cab that was passing through the intersection.

A passenger in the cab John Delzotta, 62, of the Town of Tonawanda, sustained a traumatic brain injury in the crash.

Hernandez remained free while the crash investigation continued and three months later, on Aug. 14, he was arrested in West Seneca for allegedly driving again under the influence of marijuana. West Seneca Police stopped him on Route 400 after his vehicle reportedly was seen speeding and weaving in and out of traffic.

After the arraignment, Judge Sheila A. DiTullio set bail at $50,000.


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