Driver Sentenced to Time Served and Probation for Causing High-Speed Crash, Killing Baby in Another Vehicle

Modified: December 8, 2022 4:19pm

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12/8/2022

Erie County District Attorney John J. Flynn announces that 20-year-old Gino M. Cesar of Buffalo was sentenced this afternoon before State Supreme Court Justice Debra Givens to time served and 5 years of probation. As part of his sentence, Judge Givens revoked the defendant’s driver’s license and registration for his vehicle.

On December 13, 2021, at approximately 8:15 p.m., the defendant was driving at a high-rate of speed westbound on Genesee Street when he drove through a red light at Pine Ridge Road in the Town of Cheektowaga, which caused a collision with another vehicle at the intersection.

The defendant’s reckless actions caused the death of a 6-month-old male child who was a passenger inside of the other vehicle. A second passenger, an adult female, suffered serious physical injuries. The victim spent more than a week in the hospital and underwent surgery for a fractured hip. She continues to recover from the injuries. A third passenger, an adult female, was treated for minor injuries and released from the hospital.

The defendant and his three passengers also suffered minor injuries as a result of the crash.

Cesar pleaded guilty to one count of Criminally Negligent Homicide (Class “E” felony) and one count of Assault in the Second Degree (Class “D” felony) on September 20, 2022. He has been in custody since his initial arraignment in Cheektowaga Town Court on January 26, 2022.

DA Flynn commends Officers Ashlee Loos and Eric Derby of the Cheektowaga Police Department for their work in this investigation.

The case was prosecuted by Chief Paul J. Glascott and Assistant District Attorney Christine O. Murray of the Vehicular Crimes Unit.