BATH, N.Y. (WETM) – After nearly two weeks of testimony, the jury now holds the fate of Dustin Drake in its hands. Drake is the man charged in a DWI crash in October of 2019 that left four people dead in Pulteney. Investigators say the car slammed into a tree on County Route 76 just after 1am, ripping it open. All 5 occupants had left a bar. The impact killed 28 year old Korbie Higgins, 26 year old Coy F. Miner Jr., 25 year old Nicole Wise, and 29 year old Adam Bellamy. Dustin Drake, aged 30 at the time of the crash, survived with only minor injuries.

In closing arguments, defense attorney Ray Schlather told the jury the evidence shows it is “impossible” for Mr. Drake to have been seated in the driver’s seat the night of the crash. Based on the condition of the seatbelts and how they match the injuries of the occupants, Mr. Schlather told the jury it was Nicole Wise who was seated behind the wheel. Mr. Schlather told the jury Ms. Wise was buckled in at the time of impact, but her seatbelt became unlatched during the crash. Mr. Schlather told the jury the vehicle’s center console slammed into the right side of the driver’s seatbelt with such force that it caused the buckle to come loose. Mr. Schlather told the jury Nicole Wise “left her seat before the accident was completed” due to her being partially restrained by the seatbelt during the collision. “The seatbelt took a beating” Mr. Schlather stated.

The defense also noted the driver’s seat is designed to not move from its position during a collision. Mr. Schlather told the jury the driver’s seat was “in the same position before and after the crash”. He noted Mr. Drake is 6 foot 1 and weighs approximately 250 pounds. Mr. Schlather told the jury there is “no way” Mr. Drake would have fit into the driver’s seat. He suggested it was Ms. Wise who adjusted the driver’s seat before driving the vehicle.

Mr. Schlather also noted other evidence, including a wallet belonging to Ms. Wise. Mr. Schlather told the jury the wallet was initially found near the vehicle’s center console, before it was moved by a paramedic at the scene. Mr. Schlather stated: “Nobody knows if the wallet was in the console. But if you’re driving a car and you have a wallet, you’re going to throw it in the console.”

Mr. Schlather also noted a shoe belonging to Ms. Wise was found near the driver’s side of the vehicle. He stated the only way the shoe could have landed there was if Ms. Wise had been thrown from the driver’s seat after her seatbelt became unlatched.

Mr. Schlather also questioned why the driver’s seat was covered in debris in photos taken at the scene. Mr. Schlather told the jury if Mr. Drake had been seated in the driver’s seat and then got out, the debris would not be on the seat. He said the reason the driver’s seat was covered in debris was due to Ms. Wise being thrown from her seat during the collision.

The defense also focused on the vehicle’s damaged keys, specifically a bottle opener that was attached to the keychain and a Boston Red Sox lanyard. Mr. Schlather told the jury that a tear in Ms. Wise’s jeans and and injury on her right thigh area indicate her right knee slammed into the ignition, causing the bottle opener to get caught in her jeans, leaving an injury on Ms. Wise’s right thigh. The keys that were determined to belong to the vehicle were broken in two. The FOB portion that controls the locks was severed from the key blade. No DNA or blood was found on the keys.

Mr. Schlather also noted Korbie Higgins and Coy F. Miner Jr. had nearly identical internal injuries, suggesting they were seated next to each other in the rear right passenger seat and rear middle seat. He told the jury that according to a Doctor’s testimony, Korbie Higgins and Coy F. Miner Jr. had injuries that were “very common” for unrestrained passengers. Citing Mr. Drake’s injuries, the defense is trying to prove he was seated in the rear driver’s side passenger seat and was buckled in, next to Korbie Higgins and Coy F. Miner Jr. Mr. Schlather described the rear driver’s side passenger seat as the safest seat in the car due to the seatbelt being buckled in and the angle of impact. The car slammed into the tree on the vehicle’s front right side at nearly 57 miles per hour. In previous testimony, the crash reconstruction investigator testified the vehicle was traveling at nearly 87 miles per hour 5 seconds before the crash. According to the vehicle’s “black box” or data recorder, the brakes were engaged 2 seconds before the crash, reducing the vehicles speed to 57 miles per hour. The investigator testified the impact ripped the vehicle open in a V shape.

Mr. Schlather also told the jury that DNA analysis “tells us very little about what happened.” The fact Mr. Drake’s DNA was detected on the steering wheel is “no big deal” Mr. Schlather stated, because Mr. Drake owns the car. Mr. Drake also drove the car to the bar that night. Two other traces of DNA were also found on the steering wheel, but were inconclusive. Mr. Schlather told the jury that a “mix of DNA from no less than 4 donors” was found on the center of the driver’s side airbag. One of the DNA traces was matched to Mr. Drake. Mr. Schlather told the jury Drake’s DNA was deposited on the driver’s side airbag when he tried honking the horn after the crash to call for help. According to Mr. Schlather, proper testing was not done to identify the other 3 DNA samples found on the driver’s side airbag. However, he told the jury “Ms. Wise is a likely contributor” to the DNA mix found on the airbag. Mr. Schlather also told the jury that several blood stains on the driver’s side airbag were not tested for DNA. A hair found on the driver’s seat that Mr. Schlather described as “about 10 centimeters long” was also not tested for DNA. The driver’s side door handles, both inside and outside, were also not tested for DNA.

Mr. Schlather told the jury the prosecution was “fixated on Mr. Drake and not the truth.” He described the prosecution’s case as being built around “circumstantial evidence.” In his final remarks, Mr. Schlather said “It’s hard, but the evidence points to Nicole.” He closed by saying “Reasonable doubt, presumption of innocence, these are not just words.”

In the prosecution’s closing arguments, Monroe County Assistant District Attorney Drew Kroft told the jury “there is no question” Mr. Drake was the one driving. Mr. Kroft admitted there are no witnesses that saw Mr. Drake getting into the vehicle after leaving a bar in Hammondsport. However, he reminded the jury of prior testimony from bar employees who testified Mr. Drake was holding his car keys as he was about to leave. A bar employee also testified that Mr. Drake stated that he “had to drive too” as he ordered another drink before last call. A bartender testified Mr. Drake had “2 or more drinks”. Evidence shows his blood alcohol content was .21. During prior testimony, defense attorney Ray Schlather noted the other 4 occupants of the vehicle also had blood alcohol levels that were significantly higher than the legal limit of .08. Korbie Higgins had a BAC of .23. Adam Bellamy had a BAC of .21. Nicole Wise had a BAC of .16. Coy F. Miner Jr. had a BAC of .11.

Prosecutor Kroft also noted Mr. Drake was seen walking in the direction of his car, a Dodge Caliber, with Adam Bellamy. According to testimony, Mr. Drake was walking on his own and was not being carried or assisted in any way. Mr. Kroft told the jury “there is no reason Mr. Drake would give up his keys to anybody else” who was also intoxicated.

Mr. Kroft told the jury that according to testimony from the first paramedics at the scene, Nicole Wise and Korbie Higgins were first found in the rear seat area of the vehicle before their bodies were extricated and placed on the grass near the vehicle. According to the prosecution, Korbie Higgins was seated in the driver’s side rear passenger seat. Nicole Wise was seated in the middle seat. Coy F. Miner Jr. was seated in the right rear passenger seat. Prosecutors say all three were not wearing seatbelts.

Mr. Kroft also reminded the jury of prior testimony from a New York State Police vehicle collision reconstruction expert. The investigator testified that according to his analysis, Mr. Drake was seated in the driver’s seat. When asked if there was any other possible scenario that could place a different person in the driver’s seat, the investigator answered no. Mr. Kroft also noted Mr. Drake had a fractured right ankle. According to prior testimony from the crash reconstruction investigator, a right ankle fracture is a “very common injury” for drivers in crashes, due to the right foot being on the gas or brakes at the moment of impact. Prosecutors told the jury the seatbelt in the rear driver’s side passenger seat was not used. The front and rear seatbelts, which use different mechanisms, were taken out of evidence bags and shown to the jury. The driver’s seat and the vehicle’s center console have also been in the courtroom to demonstrate evidence to the jury.

Mr. Kroft also noted a home security camera recorded images of the vehicle as it drove by before the impact and also recorded audio. Mr. Kroft told the jury a male voice could be heard yelling the f-word at least three times. Mr. Kroft told the jury that was Mr. Drake reacting to the scene of the crash. He told the jury Mr. Drake had to exit the car through the passenger side opening because the driver’s side door would not open. As for the damaged car keys, Mr. Kroft said it is likely Mr. Drake pulled on the Boston Red Sox lanyard when exiting the vehicle, causing the key blade to break from the FOB.

Mr. Kroft told the jury that in a likely moment of panic, Mr. Drake then tried to “hide” from the scene of the crash. Mr. Drake was found about 150 feet away from the wreckage. According to testimony from the first paramedics at the scene, Mr. Drake’s first statements were “I never drive” and “I wasn’t driving”. Mr. Drake later told investigators he believed Adam Bellamy was driving. Mr. Bellamy was found on the road still strapped in to the front passenger seat, which had been ejected from the vehicle.

The prosecution also cast doubts on the defense’s claim that the driver’s seatbelt may have become unlatched during the collision. Mr. Kroft told the jury that scenario is practically impossible and has never been recreated in crash tests conducted in labs. “Seatbelts spontaneously unlatching is just not a thing” Mr. Kroft told the jury.

Mr. Kroft also described Mr. Drake as a “friendly drunk.” According to testimony, Mr. Drake was hugging and kissing people before leaving the bar. Mr. Kroft told the jury that would explain why a mix of DNA from 4 people was found in the center of the driver’s side airbag. He told the jury that DNA from other individuals was already on Mr. Drake’s face as he left the bar.

“We proved Mr. Drake was driving beyond a reasonable doubt.” Mr. Kroft said in his closing remarks. “There is no missing piece, there is no mystery. It was him, Dustin Drake, the defendant.”

According to special prosecutor Ray Benitez, if convicted on the most serious charges of aggravated vehicular homicide, Drake could face between 8 to 25 years in prison. Drake’s initial DWI charge was raised to a felony due to a prior DWI conviction within the last 10 years.

Mr. Drake did not take the stand in his own defense. In prior testimony, he told investigators the last thing he remembered was “being in a passenger seat” and then waking up on the grass after the crash.

The jury resumes deliberating Friday at 9:30 am.