Acting Erie County District Attorney Michael J. Keane announces that Alexander Kozak, 28, of Buffalo, was arraigned this morning before Acting Erie County Court Judge Andrew C. LoTempio on an indictment charging him with one count of Vehicular Manslaughter in the Second Degree (Class “D” felony) and one count of Criminally Negligent Homicide (Class “E” felony).
It is alleged that on Saturday, July 20, 2024, at approximately 10:00 p.m., the defendant was driving a modified 1992 Honda Civic at a high rate of speed while under the influence of alcohol when he lost control of the vehicle and crashed into a tree on Arthur Street near Tonawanda Street in the City of Buffalo. The defendant was taken by ambulance to ECMC where he was treated for injuries. His front seat passenger, 30-year-old Sommer Lynn Toth, died at the scene.
Our office asked Judge LoTempio to remand the defendant, but Judge LoTempio set bail at $5,000 cash or $10,000 bond. A return court date has not been scheduled at this time.
If convicted of the highest charge, Kozak faces a maximum sentence of 7 years in prison.
Acting DA Keane commends the Buffalo Police Department Accident Investigation Unit and the New York State Department of Motor Vehicles for their work in this investigation.
The case is being prosecuted by Chief Paul J. Glascott of the Vehicular Crimes Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.