Acting Erie County District Attorney Michael J. Flaherty, Jr. announces that 50-year-old Gabriele Ballowe of Evans has been arraigned on an indictment before Erie County Court Judge Thomas P. Franczyk charging her with Vehicular Manslaughter in the First Degree, Vehicular Manslaughter in the Second Degree, Leaving the Scene of an Incident Without Reporting Resulting in Death and Leaving the Scene of an Incident Without Reporting Resulting in Serious Physical Injury.

It is alleged that on December 22, 2013, Ballowe was driving intoxicated on Route 5 in Evans when she struck and killed 52-year-old Barry Moss of Evans and fled the scene.

Ballowe pleaded not guilty and bail was set at $50,000.

Ballowe faces up to 15 years in prison if convicted of the charges.

DA Flaherty also announces the arraignment of 55-year-old-Lynne Laettner of Angola on an indictment before Judge Franczyk charging her with Perjury in the First Degree.

It is alleged that on April 11, 2014, Laettner committed perjury by providing false testimony in front of an Erie County Grand Jury regarding the death of Barry Moss.

Laettner pleaded not guilty and bail was set at $10,000.  She faces up to 7 years in prison if convicted of the charges.

DA Flaherty commends the Town of Evans Police Department, Lt. Douglas Czora, NYS Police, and the FBI for their collaboration and outstanding investigative work.

“I am very proud of the hard work and effort expended by my colleagues in my office and by our law enforcement partners,” says acting DA Flaherty. “ The easy thing to do would be to do nothing.  None of us believed that was the right thing.”

Assistant District Attorneys Thomas Finnerty, Paul Parisi and Nick Texido all assisted in the prosecution of this case.

As are all defendants accused of a crime, these defendants are innocent until proven guilty in a court of law.