Erie County District Attorney John J. Flynn announces that 35-year-old Nicholas M. Rich of Darien was arraigned on Saturday before Lancaster Town Court Justice David S. Stabler on one count of Vehicular Manslaughter (Class “D” felony), one count of Tampering with Evidence (Class “E” felony), one count of Driving While Intoxicated and one count of Reckless Driving (unclassified misdemeanors).

It is alleged that on Friday, October 13, 2023, at approximately 8:40 p.m., the defendant was recklessly driving a vehicle at a high-rate of speed, while under the influence of alcohol, when he caused a collision with another vehicle at the intersection of Broadway and Schwartz Road on the Town of Lancaster. It is further alleged that after crash, the defendant threw a thermos, containing suspected alcohol, out of his vehicle.

The driver and one passenger of the other vehicle were taken to ECMC with serious physical injuries. A second passenger, a 10-year-old boy, was fatally injured in the crash and pronounced dead at St. Joseph’s Campus. The defendant was also transported to ECMC with injuries.

Rich is scheduled to return on Thursday, October 26, 2023 at 3:00 p.m. for a felony hearing. He was held without bail.

DA Flynn commends Detective Lieutenant Shaun Dimino and the Lancaster Police Department Accident Investigation Unit for their work in this ongoing investigation. Additional charges may be filed.

The case is being prosecuted by Chief Paul J. Glascott and Assistant District Attorney Bethany A. Solek of the Vehicular Crimes Bureau.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.

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