Snowplow driver faces manslaughter charges in pedestrian's death
Published: June 24, 2009, 10:55 am
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A city snowplow operator has been indicted on manslaughter charges in connection with an accident in January when a man walking on Kensington Avenue was fatally injured by a snowplow.
Rowan S. Gaines, 45, of East Ferry Street, has been indicted on charges of second-degree manslaughter, two counts of vehicular manslaughter, two counts of driving while intoxicated and leaving the scene of an accident, Erie County District Attorney Frank A. Sedita III announced today.
After his mid-afternoon arraignment, Gaines, a Buffalo government worker for the past 26 years, was allowed to remain free on $10,000 bail after his attorneys Thomas J. Eoannou and Oscar Smukler entered not guilty pleas on his behalf to the vehicular manslaughter indictment.
Afterward the two veteran trial attorneys said they will challenge what they described as "problematic" surveillance tapes prosecutors used to obtain Gaines' indictment and will challenge the credibility of the so-far-unidentified man who testified against Gaines before the grand jury.
Allen M. Andrew, 42, of East Amherst Street, died Jan. 30, one week after he was struck by the snowplow while walking on Kensington Avenue, near Parkridge Avenue, at about 4:40 a.m. Jan. 23.
Gaines was charged with DWI in January, but authorities emphasized that that charge was not directly related to Andrew being struck. The DWI charge was lodged after Gaines was contacted about 90 minutes after the fatal incident and ordered to drive the snowplow to the Northeast District police station.
Authorities at the time filed no charges in connection with the snowplow striking Andrew.
Both the district attorney's office and Gaines' defense attorney agreed then that there were questions about who was driving the snowplow when Andrew was struck and whether Gaines was intoxicated at that time, if he was driving the snowplow.
So why did it take five months for Gaines to be indicted?
Much of that time was needed to enhance photographic images, presumably shots taken of the snowplow with city of Buffalo surveillance cameras and private security cameras.
"There is photographic evidence that we believe will be very persuasive in this case," Sedita said. "We do have quite a bit of photographic evidence."
Eoannou said he strongly believes in his client's innocence.
"I know a grand jury can indict a ham sandwich, and I'm very interested in seeing the evidence -- or lack thereof -- in this case," Eoannou said, citing the long time between the fatal incident and the indictment.
"From everything we have investigated, we do believe that he [Gaines] is innocent from beginning to end," he added. "This guy was not driving this vehicle."
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