Cameras could tell if city driver was using snowplow
Manslaughter case against snowplow driver may hinge on photos
The fate of a Buffalo snowplow driver indicted in a fatal hit-and-run accident in January likely will rest on the quality of surveillance photos and the credibility of another man who had been allowed to drive the snowplow earlier that morning.
This means that the manslaughter case against Rowan S. Gaines could turn into a he-said/he-said debate over who was driving the snowplow when it struck and fatally injured Allen M. Andrew.
Andrew, 42, of East Amherst Street, died Jan. 30, a week after he was struck by the city vehicle while walking on Kensington Avenue, near Parkridge Avenue, at about 4:40 a.m. Jan. 23.
Gaines, 45, of East Ferry Street, was indicted on charges of second-degree manslaughter, two counts of vehicular manslaughter, two counts of driving while intoxicated, and leaving the scene of an incident, Erie County District Attorney Frank A. Sedita III announced Wednesday morning.
At his arraignment Wednesday afternoon, Gaines was allowed to remain free on $10,000 bail after his attorneys, Thomas J. Eoannou and Oscar Smukler, entered a not-guilty plea on his behalf before Senior Erie County Judge Michael L. D’Amico.
Neither side disputes that Gaines, a Buffalo city worker for 26 years, allowed another man — described as an acquaintance — to drive the snowplow earlier that morning.
“The district attorney’s office has been able to contact that person,” prosecutor Thomas M. Finnerty told the court. “He has been interviewed, and he testified before the grand jury.”
While Finnerty would not comment on the grand jury testimony, he insisted that Gaines was alone in the snowplow cab at the time of the hit-and-run.
“[The acquaintance] was in the vehicle that morning,” Finnerty said. “He simply was not in the vehicle when Mr. Andrew was struck.”
Finnerty also cited surveillance photos from about five businesses before, during and after the incident. Those photos were forwarded to the FBI for enhancement.
Eoannou put a different spin on the photographic evidence. “Obviously, they’re problematic, because they asked for them to be enhanced,” he told reporters.
The defense attorney also insisted that there is no independent eyewitness in the case.
“What we know right now is inconclusive tapes and somebody with a self-interest,” Eoannou said of the acquaintance, whom he called “a guy singing for his supper.”
Eoannou was successful in arguing for the $10,000 bail. He stressed that Gaines never missed earlier court sessions, he has been a city government worker since 1983, and he owns his own home on East Ferry Street.
Finnerty had requested $50,000 bail, pointing out that if convicted of the charges, Gaines could receive up to 15 years in prison.
During the brief arraignment, Finnerty told the judge that a blood test about six hours after the fatal incident revealed that Gaines had a blood-alcohol level of 0.12 percent. The state’s threshold for intoxication is 0.08 percent or higher.
The prosecutor said a toxicologist has said that Gaines’ blood-alcohol level was on the “downslope” when the test was taken. “At the time of the incident, his blood-alcohol level would have been considerably above 0.12,” Finnerty said.
After the arraignment, Yvonne Andrew, the victim’s mother, said she was “just glad to see progress being made” in the case, noting that her husband died two years ago.
“I want someone to be responsible and pay the price,” Yvonne Andrew told reporters. “I’m paying the price every day. . . . Every day, I mourn my son.”
Gaines was charged with DWI in January, but authorities emphasized that the charge was not directly related to Andrew’s being struck. The DWI charge was filed 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’s striking of Andrew.
So why did it take five months for Gaines to be indicted?
Prosecutors say that they conducted a thorough investigation of their own and that much of that time was needed to enhance the photographic images.
After the indictment was announced Wednesday morning, 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 [Gaines] is innocent from beginning to end. This guy was not driving this vehicle.”
Gaines has been suspended since the day of the incident, but after three weeks of not being paid, he has been receiving his city paycheck.
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