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Defense contests DA's version of Bailey Avenue injury crash

Marshawn Levy may have been driving north Bailey Avenue at 75 mph on May 13, but, his attorney said, he may not be entirely at fault for the two-vehicle crash that put the other driver in the hospital for a month and left a passenger in the other car with a traumatic brain injury.

Levy, 33, pleaded not guilty Monday in State Supreme Court to three counts of aggravated vehicular assault, two counts of assault in the second degree and a DWI charge in connection with the crash. Assistant District Attorney Kelley A. Omel told Justice John L. Michalski that Levy had a blood alcohol level of 0.12 when he struck the other car.

The other driver, Dwight Daniels, 27, of Depew sustained serious leg injuries. His passenger, Trevor Jenkins, 25, remains in Erie County Medical Center, where he is being treated for his head injury.

Prosecutors say Levy's vehicle crossed the center line and struck the other car head-on when it was stopped in the southbound lane waiting to turn onto East Delavan.

Defense attorney Andrew LoTempio, however, told the judge that he believes there are legitimate arguments against the charges. He said toxicology tests showed that the other driver had crack cocaine in his system and some witnesses had indicated that Daniels' vehicle already was turning and moved into Levy's lane when the crash occurred.

Michalski allowed Levy to remain free on $5,000 bail on the condition that he not drive.

Since LoTempio was elected to the Buffalo City Court bench in November, and because, as he noted, Levy likely will lose his job because of the indictment, the judge agreed to assign a new lawyer, Jessica Kulpit, to represent Levy as the case moves forward.

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