Brian Dudley had an open beer bottle in his car at the time of crash when he struck and killed 61-year old Vietnam VeteranMINEOLA, N.Y. – Nassau County District Attorney Madeline Singas announced that a jury found a Laurelton man guilty today of Manslaughter in the Second Degree for a December 2013 crash in which he struck a pedestrian on Elmont Road in broad daylight. Brian Dudley, 41, was found guilty of the top count, Manslaughter in the Second Degree (a C Felony), as well as Operating a Motor Vehicle while under the Influence of Alcohol (an unclassified misdemeanor) and Aggravated Unlicensed Operation of a Vehicle (an unclassified misdemeanor).
The defendant was remanded and is due back in court before Court of Claims Judge Philip Grella on September 14. Dudley faces up to 5 to 15 years in prison when he is sentenced.
“The jury found that Brian Dudley’s reckless driving went beyond his intoxication when he struck and killed Walter McDougal as he crossed the street in the middle of a clear day,” DA Singas said. “This conviction holds Mr. Dudley responsible for his decisions to get drunk and drive recklessly and for the devastating impact he has caused the McDougal family and our community.”
DA Singas said that it was approximately 3:30 p.m. on Saturday, December 28, 2013 when 61-year-old Walter McDougal, of Elmont was struck and killed by Brian Dudley’s car in Elmont. McDougal was crossing Elmont Road at the intersection of Cerenzia Boulevard and returning home from the grocery store when he was hit. Dudley was intoxicated and had an open bottle of Heineken beer while he was driving a 2005 Toyota Highlander. Four hours after the crash, Dudley provided a blood sample which registered 0.16% BAC. The defendant claimed he was rushing to the nearest gas station because he was low on gas.
The defendant was acquitted of Vehicular Manslaughter in the Second Degree and one count of Operating a Motor Vehicle while Under the Influence of Alcohol.
Dudley has an open case in Nassau County in which he is charged with the Promoting Prison Contraband in the First Degree (a D felony). ADA Patrick Brand and ADA Michael Bushwack of the Vehicular Crimes Bureau are prosecuting the case. Dudley is represented by Christopher Devane, Esq.