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.