Gypsy Porfirio, 34, has a slew of charges following the tragic accident that left one person in stable condition, Siclari, and the other, Kelley, has sadly passed away.
Daniel Kelley, 23, was jogging with Gina Siclari, 18, when they were hit by Porfirio who had taken "three different types of prescription pills less than an hour before she 'blacked out' and slammed into Kelley and Miss Siclari" (SI Live).
The article goes on to say that as of Wednesday, she was charged with "drug possession, assault, vehicular assault, and two counts of driving while impaired."
After the passing of one of her alleged victims, many are wondering if her charges will go up to include vehicular manslaughter. While it has not been added yet, I researched the New York Penal Code to see if the description could fit this crime.
For vehicular manslaughter in the second degree, the driver has to "cause the death of another person," and the driver's impairment caused by either drugs or alcohol or both "causes the death of such other person" (Section 125.12).
The DA would need enough evidence that Porfirio was impaired and that her poor driving caused the collision.
For vehicular manslaughter in the first degree, the driver "commits the crime of vehicular manslaughter in the second degree... and commits such crime while operating a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis..." (Section 125.13).
This explains why they may be waiting for the blood test to come back before the charge is added. Depending on how impaired she was, she could be charged with vehicular manslaughter.
- Does texting count as an impairment for vehicular manslaughter? (FindLaw)
- An example of involuntary manslaughter (FindLaw)
- Do you need the help of a New York criminal defense attorney? (FindLaw)
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