Niagara Gazette


December 2, 2013

No deal for driver in fatal May 19 crash on Walmore Road

Niagara Gazette — LOCKPORT — An effort to strike a plea deal in a fatal auto accident in the Town of Lewiston has apparently failed.

The defense attorney for Taylor Clause, Joel Daniels, and Assistant Niagara County District Attorney Claudette Caldwell spent about 30 minutes in the chambers of State Supreme Court Justice Richard C. Kloch Sr. on Monday morning, When they emerged, the judge said there would be no on-the-record proceeding and no further meetings or hearings were scheduled.

Neither Caldwell nor Daniels commented on what took place in the judge's chambers, but a source close to the case said efforts to reach a plea deal had failed and the case was likely "on its way to the grand jury."

Clause, 18, is charged with second-degree vehicular manslaughter and second-degree vehicular assault following as a result of a fatal crash May 19 on Walmore Road.

The one-car rollover accident killed a Falls teenager, Jasmin Dubuc, 19 of Cayuga Drive.

Dubuc was ejected from the 2009 Mazda, being driven by Clause, after it failed to negotiate a curve while traveling north in the early morning hours on Walmore Road, near Mount Hope Road. She was pronounced dead at the scene.

Clause, who suffered serious injuries, was taken to the Erie County Medical Center by Mercy Flight. She was originally listed in critical condition, but has since recovered.

Another passenger in the car, Jasmine Rickard, 18, of Upper Mountain Road, Sanborn, was also flown to ECMC by Mercy Flight. She was treated and later released.

A blood sample from Clause revealed her blood alcohol content to be twice the legal limit of 0.08, according to a state police press release.

Accident investigators said none of the teens were wearing seat belts prior to the crash.



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