Jeremy Gardner and Walter Smith have both been indicted by a Middlesex County Grand Jury for charges relating to the death of Gregory Vilidnitsky, a Framingham man. Gardner is from Maine. Smith is from Vermont. According to the Metrowest Daily News both defendants, carpenters, were working in Wayland and had been out drinking near their hotel. It is reported that Gardner was driving a vehicle that struck the victim who was paving at the time. The car then hit an oil truck. Gardner fled and Smith tried to drive the damaged vehicle away. Gardner has been charged with Motor Vehicle Homicide, OUI Second Offense and Leaving the Scene of an Accident. Smith has been charged with OUI Fourth Offense.
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Middlesex County Massachusetts Motor Vehicle Homicide Defense Lawyer
The severity of these charges is best evidenced by the fact that both defendants have been indicted for crimes that could be prosecuted in the district court. The most serious charge that Gardner is facing is the Motor Vehicle Homicide charge which is a felony in Massachusetts and carries with it a possible fifteen year state prison sentence. As a Massachusetts Criminal Defense Attorney I would like to know what evidence shows that Gardner was impaired at the time of operation. There is no indication that he took a breathalyzer test nor is there any indication that he took and failed any field sobriety tests. Also why did each defendant accuse the other of operating the car. Eyewitnesses should be able to identify the driver. If they cannot then perhaps this issue will become a point of contention at trial.
If you have been charged with a Motor Vehicle Crime in Massachusetts call the Law Offices of Stephen Neyman right away. The decisions people make once they have been charged with a crime are critical and having experienced legal representation is the best way to ensure that those decisions are prudent. Call us now at 617-263-6800 or contact us online.