New York judge tosses no-prison plea deal in deadly 2018 limo crash
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In a shock move, a judge in upstate New York has rejected a year-old plea agreement that let a limo company operator avoid prison time for his role in a crash that killed 20 people.
The legal reversal on Wednesday in Schoharie drew applause from victims’ relatives, and plunged limo boss Nauman Hussain into legal uncertainty after he pleaded guilty to criminally negligent homicide.
State Supreme Court Justice Peter Lynch, who was not presiding over the case when the deal was reached last September in Hussain’s case, called the agreement ‘fundamentally flawed.’
It would have spared Hussain prison time, angering the families of the people killed when brake failure sent a stretch limo full of birthday revelers hurtling down a hill in 2018.
Nauman Hussain, right, listens as Judge Peter Lynch rejects his year-old plea deal to avoid prison time during a proceeding in Schoharie County court Wednesday
Judge Lynch called the plea deal ‘completely disingenuous and unacceptable to this court’
Hussain’s attorneys Lee Kindlon, left, and Chad D. Siegel speak to reporters after Judge Peter Lynch rejected a plea agreement that saw him avoid prison time
The judge’s rejection caught lawyers and relatives off-guard. Family members who, moments earlier, were testifying about their grief and anger over no one being accountable for the deadly crash clapped and dabbed their eyes after the judge’s announcement.
‘I can’t even put into words how I feel. Totally unexpected. Thank God,’ said Jill Richardson-Perez, the mother of limo crash victim Matthew Coons, while leaving court. ‘I’m in a better place now.’
Kevin Cushing, who lost his son Patrick in the crash, said the families ‘have a hope for a bit of justice to be served in the future, where we didn’t have any justice served in the past.’
Defense attorney Chad Seigel said they were ‘shocked’ and that the judge’s move was ‘unheard of.’
Hussain, who operated Prestige Limousine, had been charged with 20 counts each of criminally negligent homicide and second-degree manslaughter in what was the deadliest U.S. highway transportation disaster in a decade.
The agreement had called for Hussain to plead guilty only to the homicide counts, resulting in five years of probation and 1,000 hours of community service.
The case dates back to October 2018, when a man rented a 2004 Ford Excursion limousine [a similar model pictured above] for the 30th birthday of his new wife from Hussain’s company
Seventeen family members and friends were killed, along with the limo driver and two bystanders in the crash
Lawyers for both sides said last year the plea agreement assured a resolution in a case that would have faced an uncertain outcome if presented to a jury.
Lynch noted that a state Department of Transportation out-of-service sticker had been placed on the limousine a month before the crash.
State police recovered the sticker from Hussain’s personal car after his arrest. Prosecutors have argued that Hussain took the sticker off the limo’s windshield so that he could use it for more jobs.
To the judge, Hussain’s actions showed he knew the risk of putting the limousine on the road the day of the crash, and a guilty plea to only criminally negligent homicide does not reflect that.
Second-degree manslaughter charges are filed when a defendant is accused of being aware of the risk of death and disregarding it.
Lynch called the deal ‘completely disingenuous and unacceptable to this court.’
Lynch gave Hussain´s lawyers the choice of accepting a sentence of 1 1/3 to four years in prison or withdrawing his guilty plea. They chose the latter.
Hussain, who operated Prestige Limousine, had been charged with 20 counts each of criminally negligent homicide and second-degree manslaughter in what was the deadliest U.S. transportation disaster in a decade
Nauman Hussain, right, waits with his attorneys during a proceeding in Schoharie County court Wednesday
Schoharie County District Attorney Susan Mallery listens as Judge Peter Lynch, rejects a plea agreement for Nauman Hussain to avoid prison time
Seigel said afterward that the DOT sticker had ‘absolutely nothing to do with defective brakes.’
‘Collectively, we made a decision that it would be in the best of all all involved – not only our client, but the members of the community – to put this matter behind them. A little monkey wrench was thrown in that,’ Seigel said. ‘So the judge forced our hand and we´re ready for trial.’
District Attorney Susan Mallery left court without commenting.
Hussain, who sat with his head lowered for much of the proceeding, declined comment afterward.
While the National Transportation Safety Board concluded the crash was likely caused by Prestige Limousine´s ‘egregious disregard for safety’ that resulted in brake failure, the board said ineffective state oversight contributed.
Attorneys for Hussain say he tried to maintain the limousine and relied on what he was told by state officials and a repair shop that inspected it.
Axel Steenburg rented the 2001 Ford Excursion limousine for his wife Amy’s 30th birthday on October 6, 2018.
The party group, ranging in age from 24 to 34, included Axel´s brother, Amy´s three sisters and two of their husbands, and close friends.
The limousine was headed to a brewery in Cooperstown, New York, to celebrate Amy Steenburg’s 30th birthday. Amy was killed alongside her new husband Axel (with her above)
Amy’s three sisters – Allison, Mary, and Abby – were also killed. Pictured: Allison King (center) Abby Jackson (front left), Amy (front right) and Mary Dyson (back row, right)
Matthew Coons, a US Army veteran, was killed alongside his girlfriend Savannah Devonne
En route to a brewery, the limo’s brakes failed on a downhill stretch of road in Schoharie, west of Albany. The vehicle blew through a stop sign at over 100 mph and crashed into a small ravine.
The crash killed the limo driver, 17 passengers, and two bystanders outside the store.
Mallery´s office has said Hussain allowed passengers to ride in the limo despite having received ‘multiple notices of violations’ from the state and having been told repairs were inadequate.
State police said the vehicle should have been taken out of service because of brake problems identified in an inspection a month before the crash.
The next court date has been set for September 14. Hussain, who had completed a year of interim probation, will be out on bail and be subject to GPS monitoring.
Lynch revealed his decision only after several relatives spoke about their enduring pain and sense of loss.
Sheila McGarvey told the court that her 30-year-old son Shane McGowan was just beginning his life with his new wife, Erin McGowan, who was also riding in the limo.
‘I call out my son Shane’s name all the time,’ McGarvey said, ‘but no one answers.’