This article has been updated to correct the age of the deceased at the time of his death.

BATH, N.Y. (WETM) — The trial accusing a Painted Post woman of driving drunk and killing a man started in November 2021. After being adjourned, the case will now resume on April 4.

Tonya Smith, the defendant, appeared in the Steuben County Supreme Court for a bench trial that began on November 15. Smith is accused of killing 66-year-old Donald “Donnie” Masti while driving drunk.

On May 3, 2019, State Police in Bath responded to a fatal vehicle versus pedestrian accident on State Route 415 in the town of Bath. Troopers say Masti was attempting to cross State Route 415 when he was struck by a westbound vehicle near Roosevelt Ave.

Masti was pronounced dead at Ira Davenport Hospital, and Smith was interviewed by State Police at the hospital.

According to Steuben County District Attorney Brooks Baker, Smith was driving a 2019 Chevrolet with a blood alcohol content in excess of .18% at the time of the crash.

Smith was indicted for manslaughter in the second degree, aggravated vehicular manslaughter, and reckless endangerment in October 2019. Smith posted $25,000 bail in the Bath Town Court and was released.

Masti’s family and friends stood outside the Steuben County Courthouse in November holding signs and pins that read “Justice for Donnie”.

After months of silence on the trial, 18 News reached out to Brooks Baker for an update.

According to Baker, he presented their case against Smith in November. He said it took a week and they completed their testimony. The testimony included a number of witnesses. He described some of the witnesses as “expert witnesses” on a number of topics like collision reconstruction, alcohol absorption, and alcohol elimination.

“We were going to begin the defense case immediately thereafter,” said Baker. “That is when the defense attorney found out that his primary witness was an expert on alcohol elimination, which is a major issue in this case. He had become ill with COVID and had a heart issue on top of that, so he wasn’t able to go forward. That caused us to adjourn the case.”

Baker said the upside to this adjournment is the trial is a bench trial. This means the trial is by a judge, as opposed to a trial by a jury. Baker said this made it easy to postpone.

“We didn’t have a jury waiting,” said Baker. “We didn’t have to call a mistrial. The judge can simply adjourn the case and hold off until the witness is healthy. [The witness] is now in a position to be able to go forward.”

Now, the defense is scheduled to present their case on April 4. After that, Baker may present a rebuttal on April 6.

18 News will follow up on this story once the trial resumes.