Acting Erie County District Attorney Michael J. Keane announces that 52-year-old Markus R. Genovese of Angola was arraigned yesterday afternoon before State Supreme Court Justice M. William Boller, acting as a Hamburg Town Court Justice. Genovese, who was arraigned while hospitalized at ECMC, has been charged with the following offenses:
- One count of Vehicular Manslaughter in the First Degree (Class “C” felony)
- One count of Vehicular Manslaughter in the Second Degree (Class “D” felony)
- One count of Leaving the Scene of an Incident Resulting in Death (Class “D” felony)
- One count of Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree (Class “E” felony)
- One count of Assault in the Third Degree (Class “A” misdemeanor)
- One count of Driving While Intoxicated (unclassified misdemeanor)
- One count of Driving While Ability Impaired by Drugs or Alcohol (unclassified misdemeanor)
- New York State Vehicle & Traffic Law violations for speeding, driving without a license, drinking alcohol or using cannabis in a motor vehicle on a highway and being a pedestrian on a prohibited area of a highway
It is alleged that on Saturday, June 8, 2024, at approximately 8:10 p.m., the defendant was driving a pickup truck when he caused a collision with another vehicle at the intersection of Lake Shore Road (Route 5) and North Creek Road in the Town of Hamburg. The defendant was allegedly driving under the influence of alcohol or drugs without a valid license when he crashed his vehicle into the rear-end of the victim’s SUV, which was stopped at the intersection to make a left-hand turn. After the crash, the defendant allegedly abandoned his vehicle and ran from the scene. He was located in the nearby woods a short time later by responding officers and transported by ambulance to ECMC.
Two children were inside of the adult victim’s vehicle. One child passenger, an 8-year-old boy who was sitting the backseat on the driver’s side, was fatally injured. The second child passenger, a 4-year-old boy who was also sitting in the backseat on the passenger’s side, was taken by ambulance to Oishei Children’s Hospital where he was treated for injuries and released.
Genovese is scheduled to appear before Hamburg Town Court Justice Gerald Gorman for a felony hearing on Thursday, June 13, 2024 at 11:00 a.m. He was held without bail.
If convicted of the highest charge, Genovese faces a maximum sentence of 15 years in prison.
Acting DA Keane commends members of the Town of Hamburg Police Department and their Accident Investigation Unit for their work in this ongoing investigation.
The case is being prosecuted by Assistant District Attorney Christopher M. McCarthy 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.