YORKTOWN, N.Y. – The driver who allegedly struck and killed a Yorktown man in November has been charged with criminally negligent homicide, reckless driving and marijuana possession, according to the Westchester County District Attorney’s office.
Brett Nelson of Yorktown was 18 years old when he reportedly struck and killed 57-year-old Randy Zapakin at around 8 p.m. on Nov. 8 while Zapakin was walking his dog on Farm Walk Road in Yorktown, the DA said. Nelson reportedly crossed over to the left side of the road and struck Zapakin just feet from Zapakin’s home and later struck a tree, according to a press release. Westchester County District Attorney Janet DiFiore announced Friday that Nelson was arraigned on a five-count indictment.
Nelson faces a maximum sentence of four years in state prison if convicted of a felony charge of criminally negligent homicide, misdemeanor reckless driving, unlawful possession of marijuana, driving on the left side of a roadway and failure to exercise due care to avoid a pedestrian, according to the release.
“One of the first police officers on scene smelled an odor of marijuana coming from the vehicle,” representatives wrote in the DA's release. “Marijuana was located inside and outside of the vehicle and a marijuana pipe was found on the ground in the area of the initial collision.”
Nelson’s chemical test later revealed traces of THC, a principal ingredient of marijuana, according to the release.
“After an extensive investigation and accident reconstruction by the Yorktown Police and reviewed by the Westchester County Police, a Westchester County Grand Jury voted an indictment,” representatives said in the release.
Nelson’s bail was set at $25,000 and his next court date is May 28.
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