BUFFALO — A 32-year-old Belfast man has been arraigned on charges of second-degree manslaughter, aggravated vehicular homicide, aggravated vehicular assault and endangering the welfare of a child in relation to an October crash that killed his four-year-old son.
According to Acting District Attorney Michael J. Flaherty, Jr., McCabe is accused of operating a motor vehicle while impaired by the use of methamphetamine, a controlled substance, in a manner that caused the death of his passenger, his four-year-old son Tristan McCabe on Oct. 8 on Route 16 in the Town of Sardinia.
As a result of the collision, Tristan McCabe, who was seated next to Kevin McCabe in the front seat of the pick-up truck and not properly restrained in a child’s car seat later died from his injuries. Also seated in the front of the pick-up truck was Katherine McCabe, the defendant’s niece, who was extricated from the vehicle and sustained a broken femur as a result of the crash.
The defendant who was also injured as a result of the collision was taken to ECMC where both a DWI blood draw was taken, as well as hospital blood. Chemical analysis of both blood samples was positive for a high level of methamphetamine which is a controlled substance under New York State’s Public Health Law.
McCabe, who is free on $50,000 bond, was ordered by Justice Boller to wear an ankle bracelet to keep track of his whereabouts. He will be back in court for a pre-trial conference on June 3.
