Man sentenced for vehicular homicide files another appeal

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

A man sentenced for vehicular homicide in April filed a second appeal in Cortland County Court earlier this week.

Ergardo Rosario reappeared in county court on Tuesday. Rosario’s sentencing of 3-to-15 years in prison for attempted aggravated vehicular homicide (felony) and reckless driving (violation) remains intact. Along with his sentencing, Rosario must pay over $550 in total surcharges and fees.

According to court documents, Rosario decided to appeal his sentencing for a second time. His first appeal came on the day of his sentencing on April 23.

Rosario’s case stems from an incident on Feb. 25, 2023. A city police report stated that officers responded to a fatal car accident on Homer Avenue. The vehicle, which had four individuals inside it, crashed into a utility pole. A female passenger 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 Rosario took a drug recognition expert evaluation. He was found to be under the influence of drugs, which impaired his ability to drive a vehicle.

Previous charges against Rosario included second-degree vehicular manslaughter, reckless driving, driving while ability impaired by drugs, second-degree reckless endangerment and a traffic infraction of speeding.