Trial date set for Cortland man accused of vehicular homicide

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

The start date of a jury trial for a Cortland man accused of vehicular homicide was officially set in court.

Ergardo Rosario is scheduled to appear in Cortland County Court on Jan. 16 (2024), as he prepares to enter a jury trial facing a handful of charges.

Rosario was recently indicted by a grand jury for the following charges:

  • Aggravated vehicular homicide
  • Second-degree vehicular manslaughter
  • Reckless driving
  • Driving while ability impaired by drugs
  • Second-degree reckless endangerment
  • And a traffic infraction of speeding

According to a city police report, officers responded to a fatal car accident on Homer Avenue at 7:15 a.m. on February 25 (2023). The vehicle, which had four individuals inside it, crashed into a utility pole. A female passenger in the vehicle died from the accident.

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 police 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.

Back in October, Rosario and his defense attorney, Ira M. Pesserilo, put in a request for Rosario to be released into the custody of the Cortland County Alternatives to incarceration.

The request, however, 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 potential risk of flight.

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.