Change in bail denied for man accused of vehicular homicide

Ergardo Rosario. (Photo provided by Kevin L. Smith of The Cortland Voice).

A man accused of vehicular homicide was denied a change in bail in Cortland County Court earlier this week.

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. A female individual in the vehicle died from the accident.

Ergardo Rosario, the driver of a 2019 Nissan Versa, complained of chest pain and was taken to Guthrie Cortland Medical Center for further treatment. Two people 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. Rosario was found to be under the influence of drugs, impairing his ability to drive a vehicle, the report continued.

The change in Rosario’s bail, requested by defense attorney Ira M. Pesserilo in court on Tuesday, was a request for Rosario to be released into the custody of the Cortland County Alternatives to incarceration. 

The request was denied by county judge David Alexander, mainly due to Rosario’s case pending. District attorney Patrick Perfetti opposed the request due to the high level of Rosario’s charges and the “risk of flight.”

Rosario has been 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).

Rosario remains in Cortland County Jail on a $20,000 cash bail, 10% of a $50,000 partially-secured bond, or a $50,000 bail bond.

Further details on Rosario’s case in county court can be found here.