BUFFALO, NY (WIVB) – Leah Mayer was crossing the intersection of South State Parkway and Broadway when she was struck and killed by a 17-year-old driver who has not faced charges.
A toxicology report has not been issued on minors. Former Erie County District Attorney John Flynn said in order for a judge to take a toxicology report, there has to be a reason.
“If it’s alcohol, the person is slurring their words, there are cans of alcohol in the back of the car, whatever it is, then tell the judge and you can do it right away,” Flynn said. “The judge says, yes, then they take that person to ECMC and have them judge him.”
A preliminary examination found no signs of disability in the 17-year-old. Aside from alcohol, Flynn said a bag of weed, a joint, or a teenager who smells marijuana could be a reason to talk.
However, he said if no one was present, a drug detection expert trained to spot someone and tell if they were under the influence was supposed to come to the scene.
Even if a toxicology report is done, Flynn said there’s no reason families could end up enduring months of false hope.
“Any DA who is on duty that night, they are not thinking about that night only. They are thinking a week from now in court,” said Flynn. “{If} the defense attorney is able to convince a judge the next week, or a month later, or six months later that there was no reason to have the test in the first place, and, therefore, ‘The test, your honor, should be thrown out.’ “
The Erie County Sheriff’s Office had no comment.
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