STEUBEN COUNTY, N.Y. (WETM) – Dustin Drake, the man police say was behind the wheel when four people died in Pulteney on Oct 12, plans to plead not guilty to numerous charges, according to his attorney Ray Schlather.

Steuben County Sheriff Jim Allard tells 18 News that Drake has been charged with felony DWI and two counts of aggravated vehicular manslaughter for the deaths of Korbie Higgins, Coy Miner, Nikki Wise, and Adam Bellamy.

The aggravated vehicular manslaughter charges come with two subsections, one for Drake having previously been charged within the last 10 years with DWI and the second for multiple fatalities.

Schlather tells 18 News that Drake was not behind the wheel of his car and that there is physical evidence to prove so.

According to Allard “causation factors thus far determined and substantiated by physical evidence contributing to the crash and subsequent deaths” are “excessive Speed and a lack of occupant restraint.”

Drake was processed and released on Sunday, as the Sheriff’s Office did not deem him to be a flight risk. He is scheduled to appear in the Town of Pulteney Court on Nov. 20.

Rhonda Clark, the aunt of Miner, tells 18 News that some, and possibly all of the victims, were at Maloney’s Pub in Hammondsport prior to the accident.

Employees at Maloney’s Pub and Sheriff Allard would not comment on whether they were at the bar prior to the crash.

Bellamy played football at Ohio State during one of the program’s greatest eras.

A defensive lineman, Bellamy totaled 26 tackles over two seasons for the Buckeyes with one forced fumble and 3.5 tackles for loss.

According to Allard, the vehicle was traveling north on Route 76 when the car went off the road and struck a tree. The road was closed for 10 hours as investigators gathered evidence and documented the scene.

New York State Police, the Pulteney Volunteer Fire Company, Hammondsport Ambulance, and the Prattsburgh Protective Volunteer Fire Department responded to the accident.