Pages

Monday, April 22, 2019

Chemung County: Manslaughter charges filed after unoccupied, out of control dump truck strikes, kills woman

The Chemung County Sheriff’s Office announces the arrest of BRIAN R. DEMARK, age 32, of Horseheads, NY. DEMARK was indicted by a Chemung County Grand Jury on charges of Manslaughter in the Second degree, a Class C Felony, and Criminally Negligent Homicide, a Class E Felony, following an investigation into an incident that occurred on Suburban Drive in the Town of Big Flats in 2018.
On May 14, 2018, at 11:30 a.m., the Sheriff’s Office responded to Suburban Drive in the Town of Big Flats for a report of a female that had been struck by a dump truck. Deputies arrived and learned that 48 year-old Barbara M. Velasquez, of Eagle View Drive, had been struck and fatally injured by a dump truck belonging to Premier Landscape, a company owned and operated by DEMARK. The investigation revealed that the vehicle was parked unoccupied on the roadway in front of a job site when it began rolling backwards downhill towards Velasquez, who had been walking her dog in the area. The dump truck struck and killed both Velasquez and her dog instantly.
A month long investigation revealed that the dump truck had numerous mechanical issues, to include the brake system, for which the vehicle was uninspected. DEMARK was allegedly fully aware of the mechanical issues with the vehicle and did not repair or take the vehicle out of service prior to the fatal collision.
DEMARK was remanded to the Chemung County Jail in lieu of $5,000 cash,/$10,000 property bond. He will be arraigned in Chemung County Court on the charges at a later date. The investigation into the matter was completed by the Chemung County Sheriff’s Office Criminal Investigations Division, the Sheriff’s Office Collision Reconstruction Team, with assistance from the New York State Police Commercial Vehicle Enforcement Unit.