(BINGHAMTON, NY) – The New York State Supreme Court, Appellate Division, Third Judicial Department, today ruled in favor of the Broome County District Attorney’s Office, affirming, in New York State, defendants can face Manslaughter charges for selling drugs they know to be deadly.
Judge Kevin Dooley previously dismissed a Manslaughter charge, in the case of People v Richard B. Gaworecki.Broome County District Attorney Steve Cornwell appealed Dooley’s decision.
Gaworecki was arrested August 1, 2017, following an investigation by the Johnson City Police and District Attorney’s Office. He was indicted by a Grand Jury September 8, 2017, on four counts – including Manslaughter.
Judge Kevin Dooley dismissed the Manslaughter charge December 21, 2017. However, the Appellate Division overruled Dooley July 18, 2019, reinstating the Manslaughter charge.
“This decision confirms our position, that in certain circumstances, someone who sells deadly drugs, that result in a death, can be charged with Manslaughter”, said Cornwell. “This decision also sends a message to other District Attorney’s Offices, law enforcement agencies, and drug dealers throughout the State – knowingly selling deadly drugs can be prosecuted as Manslaughter.”
The District Attorney’s Office will now move forward with the case against Gaworecki.
RICHARD B. GAWORECKI, DOB: 04/18/1988
220.39 Criminal Sale of a Controlled Substance, in the third degree, a Class B Felony;
125.15 Manslaughter, in the second degree, a Class C Felony;
220.03 Criminal Possession of a Controlled Substance, in the seventh degree, a Misdemeanor; and
220.45 Criminal Possession of a Hypodermic Instrument, a Misdemeanor.
