Mineola, N.Y. – Nassau County District Attorney Madeline Singas announced that a Laurelton man was sentenced today to five to 15 years in prison for a December 2013 crash in which he struck a pedestrian on Elmont Road in broad daylight.
Brian Dudley, 41, was found guilty by a jury on August 11, 2016 of:• One count of manslaughter in the second degree (a C felony)• One count of operating a motor vehicle under the influence of alcohol (an unclassified misdemeanor)• One count of aggravated unlicensed operation of a vehicle (an unclassified misdemeanor).
Court of Claims Judge Philip Grella sentenced the defendant to the maximum allowable sentence, five to 15 years on the manslaughter charge, one year in prison for operating a motor vehicle under the influence of alcohol and to 30 days in prison for aggravated unlicensed operation of a vehicle. The sentences will run concurrently.
“Walter McDougal served his country as a Vietnam veteran and survived that encounter only to be killed crossing a Nassau County Street in the middle of a Saturday afternoon”, DA Singas said. “This prosecution and sentence should remind drivers that they alone are responsible for their decision to drink and drive recklessly.”
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 a pending case in Nassau County in which he is charged with the Promoting Prison Contraband in the First Degree (a D felony).
Deputy Bureau Chief Michael Bushwack and Assistant District Attorney Patrick Brand of the Vehicular Crimes Bureau prosecuted the case. Dudley is represented by Christopher Devane, Esq.