BATH, N.Y. (WETM) – The jury in the Dustin Drake trial will resume deliberating Monday after not reaching a verdict in its first full day of deliberations. Judge Chauncey Watches told the court the jury indicated “it is not close to a verdict” before letting jurors go for the weekend.
Drake is facing 15 counts in the DWI crash that left four people dead in Pulteney on October 12, 2019. 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, survived with only minor injuries. Investigators say Mr. Drake was found about 150 feet away from the wreckage. All of the occupants had just left a bar.
About 30 minutes before being dismissed on Friday, the jury requested to see the steering wheel airbag. Prosecutors asked the jury to use gloves to not contaminate DNA traces found on the airbag. In his closing arguments on Thursday, defense attorney Ray Schlather told the jury that a “mix of DNA from no less than 4 donors” was found on the center of the steering wheel airbag. One of the DNA traces was matched to Mr. Drake. According to Mr. Schlather, proper testing was not done to identify the other 3 DNA samples found on the airbag.
Earlier in the day, the jury had already asked to review multiple pieces of evidence and testimony. It also asked for a clarification on what the law means regarding reaching a verdict “beyond a reasonable doubt”. Judge Watches read the definition again to the jury.
The jury asked to review home doorbell video that shows the Dodge Caliber speeding by on the night of the crash. Jurors heard the impact again, which happens off camera. A large speaker was also brought into the courtroom to replay enhanced audio of the minutes following the crash. About one minute after impact, prosecutors say Mr. Drake can be heard yelling the f-word. According to prosecutors, Drake can be heard yelling the f-word again two more times. About 4 and a half minutes after impact, three honks are heard. Prosecutors say that was the sound of Drake hitting the steering wheel as he climbed out of the vehicle through the front right passenger side, which had been ripped open. The defense says that was Drake honking for help, and the reason why his DNA was detected on the steering wheel airbag.
The jury also requested to review other physical evidence, including the driver’s seat, the vehicle’s center console, and the front and rear seatbelts. A juror stated he wanted to see if the driver’s seatbelt could still latch properly into the buckle. Judge Watches asked everyone to leave the courtroom while the jury conducted its analysis.
The jury also asked to review partial testimony from a New York State police crash reconstruction investigator. Specifically, the jury asked to hear a “read back” of testimony where the investigator describes the different mechanisms of front and rear seatbelts, and the damage or “burn marks” they sustained during the crash. The jury also asked to review evidence from a parts manager at Simmons-Rockwell who produced an “exemplar” key, or copy, that matched the broken keys found in the vehicle. The keys that were determined to belong to Mr. Drake’s Dodge Caliber were broken in two. The key blade was severed from the FOB that controls the locks. The jury also asked to see a Boston Red Sox lanyard that was attached to the vehicle’s keys.
The jury also asked to see Drake’s medical records, and autopsy records of the four deceased occupants. Judge Watches told the jury autopsy records were not entered into evidence. The jury also requested to see police body cam video. Judge Watches told the jury police body cam video was also not entered into evidence.
The jury also requested a ruler or yardstick, as well as folders and paper clips to organize themselves.
If convicted on the most serious charges of aggravated vehicular homicide, Mr. Drake faces between 8 to 25 year in prison, according to special prosecutor Ray Benitez. Drake’s initial DWI charge was raised to a felony due to a prior DWI conviction within the last 10 years.
The jury will resume deliberating Monday at 9:30 am.