Judge Rejects No Jail Plea Deal In 2018 Limo Crash That Killed 20

State Supreme Court Justice Peter Lynch, who was not presiding over the case when the deal was reached a year ago in Hussain’s case, called the deal “fundamentally flawed.” It would have spared Hussain jail time, angering the families of people killed when brake failure sent a limousine full of birthday revelers tumbling down a hill in 2018. The judge’s rejection caught lawyers and relatives off guard. “I can’t even put into words what I feel. Totally unexpected. Thank God,” said Jill Richardson-Perez, the mother of limo victim Matthew Koons. “I’m in a better place now.” Kevin Cushing, who lost his son Patrick in the crash, said the families “have a hope that some justice will be served in the future where no justice has been served in the past.” Defense attorney Chad Seigel said they were “shocked” and that the judge’s move was “unheard of.” Hussain, who operated Prestige Limousine, had been charged with 20 counts of manslaughter and second-degree murder in what was the deadliest US transportation disaster in a decade. The deal called for Hussain to plead guilty only to the murder charges, resulting in five years of probation and 1,000 hours of community service. Lawyers for both sides said last year that the plea deal ensured the resolution of a case that would have had an uncertain outcome had it been presented to a jury. Lynch noted that a state Department of Transportation out-of-service sticker had been placed on the limo a month before the crash. State police recovered the sticker from Hussain’s car after his arrest. Prosecutors argued that Hussain removed the sticker from the limo’s windshield to use for more business. For the judge, Hussain’s actions showed he was aware of the danger of putting the limousine on the road on the day of the crash, and a guilty plea to manslaughter alone did not reflect that. Lynch called the deal “completely disingenuous and unacceptable to this court.” Lynch gave Hussain’s attorneys the option of accepting a sentence of 1 1/3 to four years in prison or withdrawing his guilty plea. They chose the second. Seigel later said the DOT sticker had “absolutely nothing to do with defective brakes.” “Collectively, we made the decision that it would be in the best interest of all involved — not just our customers but community members — to put this matter behind them. A little monkey wrench was thrown into it,” Seigel said. “So the judge forced our hand and we are ready for trial.” Prosecutor Susan Mallery left court without comment. Hussain, who sat with his head down for much of the proceedings, declined to comment later. While the National Transportation Safety Board concluded the crash was likely caused by Prestige Limousine’s “gross disregard for safety” that led to brake failure, the board said ineffective state oversight contributed. Hussain’s lawyers say he tried to maintain the limo and relied on what he was told by state officials and a repair shop that inspected it. Axel Steenburg rented the 2001 Ford Excursion limo for his wife Amy’s 30th birthday on October 6, 2018. The party group, ranging in age from 24 to 34, included Axel’s brother, Amy’s three sisters and two of their spouses, and close friends. En route to a brewery, the limo’s brakes failed on a downhill stretch of road in Schoharie, west of Albany. The vehicle went through a stop sign at over 100 mph (160 km/h) and crashed into a small ravine. The collision killed the limousine driver, 17 passengers and two bystanders outside the store. Mallery’s office said Hussain allowed passengers to board the limo despite receiving “multiple violation notices” from the state and being told repairs were inadequate. State police said the vehicle should have been put out of service because of brake problems found in an inspection a month before the crash. Under New York law, second-degree murder involves conduct that “creates or contributes to a substantial and unreasonable risk that the death of another person will occur” — a risk that the offender is knowingly unaware of. Criminally negligent homicide, on the other hand, involves a failure to perceive such a risk, the judge noted. The next court date is set for September 14. Hussain, who was on temporary probation, will be released on bail and subject to GPS monitoring.

title: “Judge Rejects No Jail Plea Deal In 2018 Limo Crash That Killed 20 Klmat” ShowToc: true date: “2022-11-17” author: “Laura Devoy”

State Supreme Court Justice Peter Lynch, who was not presiding over the case when the deal was reached a year ago in Hussain’s case, called the deal “fundamentally flawed.” It would have spared Hussain jail time, angering the families of people killed when brake failure sent a limousine full of birthday revelers tumbling down a hill in 2018. The judge’s rejection caught lawyers and relatives off guard. “I can’t even put into words what I feel. Totally unexpected. Thank God,” said Jill Richardson-Perez, the mother of limo victim Matthew Koons. “I’m in a better place now.” Kevin Cushing, who lost his son Patrick in the crash, said the families “have a hope that some justice will be served in the future where no justice has been served in the past.” Defense attorney Chad Seigel said they were “shocked” and that the judge’s move was “unheard of.” Hussain, who operated Prestige Limousine, had been charged with 20 counts of manslaughter and second-degree murder in what was the deadliest US transportation disaster in a decade. The deal called for Hussain to plead guilty only to the murder charges, resulting in five years of probation and 1,000 hours of community service. Lawyers for both sides said last year that the plea deal ensured the resolution of a case that would have had an uncertain outcome had it been presented to a jury. Lynch noted that a state Department of Transportation out-of-service sticker had been placed on the limo a month before the crash. State police recovered the sticker from Hussain’s car after his arrest. Prosecutors argued that Hussain removed the sticker from the limo’s windshield to use for more business. For the judge, Hussain’s actions showed he was aware of the danger of putting the limousine on the road on the day of the crash, and a guilty plea to manslaughter alone did not reflect that. Lynch called the deal “completely disingenuous and unacceptable to this court.” Lynch gave Hussain’s attorneys the option of accepting a sentence of 1 1/3 to four years in prison or withdrawing his guilty plea. They chose the second. Seigel later said the DOT sticker had “absolutely nothing to do with defective brakes.” “Collectively, we made the decision that it would be in the best interest of all involved — not just our customers but community members — to put this matter behind them. A little monkey wrench was thrown into it,” Seigel said. “So the judge forced our hand and we are ready for trial.” Prosecutor Susan Mallery left court without comment. Hussain, who sat with his head down for much of the proceedings, declined to comment later. While the National Transportation Safety Board concluded the crash was likely caused by Prestige Limousine’s “gross disregard for safety” that led to brake failure, the board said ineffective state oversight contributed. Hussain’s lawyers say he tried to maintain the limo and relied on what he was told by state officials and a repair shop that inspected it. Axel Steenburg rented the 2001 Ford Excursion limo for his wife Amy’s 30th birthday on October 6, 2018. The party group, ranging in age from 24 to 34, included Axel’s brother, Amy’s three sisters and two of their spouses, and close friends. En route to a brewery, the limo’s brakes failed on a downhill stretch of road in Schoharie, west of Albany. The vehicle went through a stop sign at over 100 mph (160 km/h) and crashed into a small ravine. The collision killed the limousine driver, 17 passengers and two bystanders outside the store. Mallery’s office said Hussain allowed passengers to board the limo despite receiving “multiple violation notices” from the state and being told repairs were inadequate. State police said the vehicle should have been put out of service because of brake problems found in an inspection a month before the crash. Under New York law, second-degree murder involves conduct that “creates or contributes to a substantial and unreasonable risk that the death of another person will occur” — a risk that the offender is knowingly unaware of. Criminally negligent homicide, on the other hand, involves a failure to perceive such a risk, the judge noted. The next court date is set for September 14. Hussain, who was on temporary probation, will be released on bail and subject to GPS monitoring.

title: “Judge Rejects No Jail Plea Deal In 2018 Limo Crash That Killed 20 Klmat” ShowToc: true date: “2022-12-11” author: “Gladys Curry”

State Supreme Court Justice Peter Lynch, who was not presiding over the case when the deal was reached a year ago in Hussain’s case, called the deal “fundamentally flawed.” It would have spared Hussain jail time, angering the families of people killed when brake failure sent a limousine full of birthday revelers tumbling down a hill in 2018. The judge’s rejection caught lawyers and relatives off guard. “I can’t even put into words what I feel. Totally unexpected. Thank God,” said Jill Richardson-Perez, the mother of limo victim Matthew Koons. “I’m in a better place now.” Kevin Cushing, who lost his son Patrick in the crash, said the families “have a hope that some justice will be served in the future where no justice has been served in the past.” Defense attorney Chad Seigel said they were “shocked” and that the judge’s move was “unheard of.” Hussain, who operated Prestige Limousine, had been charged with 20 counts of manslaughter and second-degree murder in what was the deadliest US transportation disaster in a decade. The deal called for Hussain to plead guilty only to the murder charges, resulting in five years of probation and 1,000 hours of community service. Lawyers for both sides said last year that the plea deal ensured the resolution of a case that would have had an uncertain outcome had it been presented to a jury. Lynch noted that a state Department of Transportation out-of-service sticker had been placed on the limo a month before the crash. State police recovered the sticker from Hussain’s car after his arrest. Prosecutors argued that Hussain removed the sticker from the limo’s windshield to use for more business. For the judge, Hussain’s actions showed he was aware of the danger of putting the limousine on the road on the day of the crash, and a guilty plea to manslaughter alone did not reflect that. Lynch called the deal “completely disingenuous and unacceptable to this court.” Lynch gave Hussain’s attorneys the option of accepting a sentence of 1 1/3 to four years in prison or withdrawing his guilty plea. They chose the second. Seigel later said the DOT sticker had “absolutely nothing to do with defective brakes.” “Collectively, we made the decision that it would be in the best interest of all involved — not just our customers but community members — to put this matter behind them. A little monkey wrench was thrown into it,” Seigel said. “So the judge forced our hand and we are ready for trial.” Prosecutor Susan Mallery left court without comment. Hussain, who sat with his head down for much of the proceedings, declined to comment later. While the National Transportation Safety Board concluded the crash was likely caused by Prestige Limousine’s “gross disregard for safety” that led to brake failure, the board said ineffective state oversight contributed. Hussain’s lawyers say he tried to maintain the limo and relied on what he was told by state officials and a repair shop that inspected it. Axel Steenburg rented the 2001 Ford Excursion limo for his wife Amy’s 30th birthday on October 6, 2018. The party group, ranging in age from 24 to 34, included Axel’s brother, Amy’s three sisters and two of their spouses, and close friends. En route to a brewery, the limo’s brakes failed on a downhill stretch of road in Schoharie, west of Albany. The vehicle went through a stop sign at over 100 mph (160 km/h) and crashed into a small ravine. The collision killed the limousine driver, 17 passengers and two bystanders outside the store. Mallery’s office said Hussain allowed passengers to board the limo despite receiving “multiple violation notices” from the state and being told repairs were inadequate. State police said the vehicle should have been put out of service because of brake problems found in an inspection a month before the crash. Under New York law, second-degree murder involves conduct that “creates or contributes to a substantial and unreasonable risk that the death of another person will occur” — a risk that the offender is knowingly unaware of. Criminally negligent homicide, on the other hand, involves a failure to perceive such a risk, the judge noted. The next court date is set for September 14. Hussain, who was on temporary probation, will be released on bail and subject to GPS monitoring.

title: “Judge Rejects No Jail Plea Deal In 2018 Limo Crash That Killed 20 Klmat” ShowToc: true date: “2022-11-18” author: “Edith Kremer”

State Supreme Court Justice Peter Lynch, who was not presiding over the case when the deal was reached a year ago in Hussain’s case, called the deal “fundamentally flawed.” It would have spared Hussain jail time, angering the families of people killed when brake failure sent a limousine full of birthday revelers tumbling down a hill in 2018. The judge’s rejection caught lawyers and relatives off guard. “I can’t even put into words what I feel. Totally unexpected. Thank God,” said Jill Richardson-Perez, the mother of limo victim Matthew Koons. “I’m in a better place now.” Kevin Cushing, who lost his son Patrick in the crash, said the families “have a hope that some justice will be served in the future where no justice has been served in the past.” Defense attorney Chad Seigel said they were “shocked” and that the judge’s move was “unheard of.” Hussain, who operated Prestige Limousine, had been charged with 20 counts of manslaughter and second-degree murder in what was the deadliest US transportation disaster in a decade. The deal called for Hussain to plead guilty only to the murder charges, resulting in five years of probation and 1,000 hours of community service. Lawyers for both sides said last year that the plea deal ensured the resolution of a case that would have had an uncertain outcome had it been presented to a jury. Lynch noted that a state Department of Transportation out-of-service sticker had been placed on the limo a month before the crash. State police recovered the sticker from Hussain’s car after his arrest. Prosecutors argued that Hussain removed the sticker from the limo’s windshield to use for more business. For the judge, Hussain’s actions showed he was aware of the danger of putting the limousine on the road on the day of the crash, and a guilty plea to manslaughter alone did not reflect that. Lynch called the deal “completely disingenuous and unacceptable to this court.” Lynch gave Hussain’s attorneys the option of accepting a sentence of 1 1/3 to four years in prison or withdrawing his guilty plea. They chose the second. Seigel later said the DOT sticker had “absolutely nothing to do with defective brakes.” “Collectively, we made the decision that it would be in the best interest of all involved — not just our customers but community members — to put this matter behind them. A little monkey wrench was thrown into it,” Seigel said. “So the judge forced our hand and we are ready for trial.” Prosecutor Susan Mallery left court without comment. Hussain, who sat with his head down for much of the proceedings, declined to comment later. While the National Transportation Safety Board concluded the crash was likely caused by Prestige Limousine’s “gross disregard for safety” that led to brake failure, the board said ineffective state oversight contributed. Hussain’s lawyers say he tried to maintain the limo and relied on what he was told by state officials and a repair shop that inspected it. Axel Steenburg rented the 2001 Ford Excursion limo for his wife Amy’s 30th birthday on October 6, 2018. The party group, ranging in age from 24 to 34, included Axel’s brother, Amy’s three sisters and two of their spouses, and close friends. En route to a brewery, the limo’s brakes failed on a downhill stretch of road in Schoharie, west of Albany. The vehicle went through a stop sign at over 100 mph (160 km/h) and crashed into a small ravine. The collision killed the limousine driver, 17 passengers and two bystanders outside the store. Mallery’s office said Hussain allowed passengers to board the limo despite receiving “multiple violation notices” from the state and being told repairs were inadequate. State police said the vehicle should have been put out of service because of brake problems found in an inspection a month before the crash. Under New York law, second-degree murder involves conduct that “creates or contributes to a substantial and unreasonable risk that the death of another person will occur” — a risk that the offender is knowingly unaware of. Criminally negligent homicide, on the other hand, involves a failure to perceive such a risk, the judge noted. The next court date is set for September 14. Hussain, who was on temporary probation, will be released on bail and subject to GPS monitoring.