Ergardo Rosario, of Cortland, appeared in Cortland County Court on Tuesday. Rosario is being accused of vehicular homicide, and other charges, for his involvement in an accident in February. (Photo provided by Kevin L. Smith of The Cortland Voice).
The next move in a case where a Cortland man is being accused of vehicular homicide has yet to be determined.
According to a city police report, officers responded to a fatal car accident on Homer Avenue at 7:15 a.m. on February 25. The vehicle, which had four individuals inside it, crashed into a utility pole. One of the individuals in the vehicle died from the accident.
Ergardo Rosario, the driver of the vehicle, complained of chest pain and was taken to Guthrie Cortland Medical Center for further treatment. Other adult individuals were transported to Upstate University Hospital to treat serious injuries, the report noted.
The report stated that while Rosario was being treated, he took a drug recognition expert evaluation, where he was found to be under the influence of drugs, impairing his ability to drive a vehicle.
Rosario was arrested and charged with aggravated vehicular homicide (a Class-B Felony), second-degree vehicular manslaughter (a Class-D Felony), second-degree reckless engagement and operating a motor vehicle impaired by drugs (both misdemeanors), reckless driving (a misdemeanor) and for speed not reasonable and prudent (a violation).
In Cortland County Court on Tuesday, defense attorney Ira M. Pesserilo first requested a conference meeting behind closed doors. Chief assistant district attorney Christopher Simser disagreed with the request, noting he wanted all dialogue in public and on record.
Pesserilo – an attorney who formerly specialized in automobile accident cases – then requested an immediate adjournment in the hopes of further reviewing documents and evidence to lead with an additional request for an expert on the accident. He also noted the potential of further discussions with the district attorney’s office.
Simser disagreed with Pesserilo again, adding that the case should proceed to trial.
“This is not a motor vehicle accident. It’s a fatal motor vehicle accident,” Simser said.
Pesserilo argued that Simser and the DA’s office doesn’t have the right to oppose a request for an expert. Simser followed up by saying the DA’s office, however, has the right to question the request.
“This occurred months ago,” Simser said of the accident. “The vehicle isn’t there, the scene is dramatically different. If the taxpayers are going to be burdened with this expense, we want to know why.”
County judge David Alexander mentioned that the defense has until June 30 to set a motion for Rosario’s case. Response from the DA’s office is due July 14.
Rosario is currently being held at Cortland County Jail.
