UPDATE: Demark has been released on bail

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(UPDATE 4/22 @ 3:00 PM): 

Demark has been released from the Chemung County jail on bail.

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(UPDATE 4/22 @ 2:20 PM): 

Demark was indicted by a Chemung County Grand Jury on charges of Manslaughter in the Second Degree, a Class C Felony, and Criminally Negligent Homicide, a Class E Felony. Demark was remanded to the Chemung County Jail with a $5,000 cash,/$10,000 property bond.

He will be arraigned in Chemung County Court on the charges at a later date. The investigation into the matter was completed by the Chemung County Sheriff’s Office Criminal Investigations Division, the Sheriff’s Office Collision Reconstruction Team, with assistance from the New York State Police Commercial Vehicle Enforcement Unit.
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(UPDATE 4/21 @ 4:00 PM): 

Chemung County District Attorney Weeden Wetmore tells 18 News Demark’s vehicles for his landscaping business had expired inspections with brakes that were not working properly.

Wetmore says that is how the vehicle lost control and killed the 48-year-old woman.

Wetmore added Demark could face up to 15 years in jail if he is found guilty on manslaughter and criminal negligent homicide charges. Demark is expected to be arraigned on Monday.

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The owner of Premier Landscaping, Brian Demark, 32, has been arrested on a superior court warrant in relation to a fatal accident that occurred last May. 

Chemung County Active Sheriff William Schrom tells 18 News Demark was indicted by the grand jury after his arrest.

The original incident occurred on May 14, 2018, when a Big Flats woman and her dog were struck and killed by an unoccupied vehicle during their morning walk.

Around 11:30 a.m., the Chemung County Sheriff’s Office responded to Suburban Drive, in the Town of Big Flats, to find a woman and her dog lying on the side of the road. 

Barbara Velasquez, 48, and her dog were struck by a Ford dump truck owned by Premier Landscaping Company of Elmira. 

Police say the unoccupied dump truck left its parked position and began rolling downhill and collided with Velasquez and her dog. 

Demark is being held in the Chemung County Jail and is set for arraignment tomorrow.

This is a developing story and 18 News will keep you updated as more information becomes available.

Image courtesy of Mobile Patrol.

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