BATH, N.Y. (WETM) — According to the Steuben County District Attorney, Tonya Smith, the woman accused of hitting and killing 66-year-old Donald “Donnie” Masti while driving drunk, has been found guilty on multiple charges.
According to Brooks Baker, Steuben County District Attorney, the verdict is as follows:
- Smith was found guilty of the C-felony manslaughter second charge.
- Smith was found guilty of the reckless endangerment second charge.
- Smith was found not guilty of the aggravated vehicular manslaughter charge.
- No verdict has been reached on the lesser included offense of vehicular manslaughter.
According to Baker, the aggravated vehicular manslaughter charge that Smith was found not guilty of was a B-felony.
Baker told 18 News the charge required proof of operating a motor vehicle with .18 blood alcohol content level. The court found that the defendant’s lowest possible BAC was 0.1729, making Smith not guilty. She was found guilty of recklessly causing Mr. Masti’s death.
Previously, Baker told 18 News there was a blood test drawn about 1 hour and 20 minutes after the crash. The test has a margin of error of 0.012%.
Smith allegedly had a blood alcohol content level between 0.154% and 0.178%. The legal limit in New York State is 0.08%.
Baker said he will be advocating for a prison sentence. Baker said, “Traditionally if you kill somebody in a drunk driving crash in Steuben County, there is a state prison sentence involved.” However, it will “ultimately be up to the judge” regarding Smith’s sentencing.
The verdict regarding the lesser included offense of vehicular manslaughter should be reached in the coming days, according to Baker.