BUFFALO — A jury returned a guilty verdict on Monday against 51-year-old Timothy Wisniewski of the City of Tonawanda for criminally negligent homicide and other violations for his role in a boating crash on June 11, 2015 on Ellicott Creek in the Town of Tonawanda that claimed the life of 16-year old Avery Gardner of Lockport.

Wisniewski, who owned the boat and was riding in it at the time of the crash, was also convicted of two counts of operating a vessel while under the influence of alcohol, endangering the welfare of a child, and unlawful possession of marijuana. He was remanded to jail without bail and faces up to four years in prison when he is sentenced on Jan. 17.

In May, 19-year-old Gregory Green, of 7th Avenue, North Tonawanda pleaded guilty to criminally negligent homicide and vehicular manslaughter for his role in the boat crash.

Green, who was 17-years-old when the incident took place, was intoxicated with a blood alcohol content of .15 percent, nearly twice the legal limit and was under the influence of marijuana, as he operated the boat at a high rate of speed and in a reckless manner. As the boat approached and went under a footbridge, Gardner’s head struck the footbridge, causing her death.

Green will be sentenced Dec. 8.

Image of Erie County District Attorney Michael Flaherty announcing the decision courtesy of Erie County DA’s office. 

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