Crime

Queens man convicted in fatal Elmont crash

Posted

A Queens man has been convicted for his role in a December 2013 fatal car accident in Elmont, Nassau County District Attorney Madeline Singas announced last Friday.

The defendant, Brian Dudley, 41, of Laurelton, was found guilty of the top count of manslaughter and is facing up to 15 years in prison. While driving north on Cerenzia Boulevard in his 2005 Toyota Highlander on the afternoon of Dec. 28, 2013, Dudley struck a 61-year-old man crossing at the intersection of Elmont Road and Cerenzia. The victim, Elmont resident Walter McDougal, a Vietnam War veteran, was rushed to a nearby hospital, where he died an hour later, according to Nassau County police.

“The jury found that Brian Dudley’s reckless driving went beyond his intoxication when he struck and killed Walter McDougal as he crossed the street in the middle of a clear day,” Singas said. “This conviction holds Mr. Dudley responsible for his decisions to get drunk and drive recklessly, and for the devastating impact he has caused the McDougal family and our community.”

According to police, Dudley appeared intoxicated when he was arrested. He also had an open bottle of Heineken beer in his car at the time of the crash, Assistant District Attorney Michael Bushwack told jurors during the trial. According to the district attorney’s office, four hours after the crash, Dudley’s blood alcohol level was .16 percent, double the legal limit. He told investigators that he was rushing to the closest gas station because he was low on fuel.

In addition to the manslaughter conviction, Dudley was also found guilty of driving under the influence of alcohol and aggravated unlicensed operation of a vehicle. He was acquitted of a charge of vehicular manslaughter and a separate charge of operating a motor vehicle while under the influence of alcohol. He faces five to 15 years in prison. He is due back in court before Court of Claims Judge Phillip Grella on Sept. 14.

Dudley’s lawyer, Christopher Devane, argued at the trial that McDougal crossed the intersection at Elmont Road against the traffic light. He also said that although Dudley was drinking, he did not exhibit signs of inebriation at the scene of the accident. According to Devane, Dudley has a high tolerance for alcohol.

Dudley also has an open case against him in Nassau County: He is charged with promoting prison contraband.

Calls to Devane had not been returned as of press time.