What to Know
- Improper billing had nothing to do with a limo's catastrophic brake failure that resulted in a crash that killed 20 in upstate NY, a DA says
- A former employee told investigators a brake master cylinder installation and brake flush were billed but not done months before the crash
- The October 2018 killed 20 people when a stretch limousine blew through an intersection and barreled into an earthen embankment
A prosecutor says improperly billed brake work had nothing to do with the catastrophic brake failure on a stretch limousine that crashed and killed 20 people in rural upstate New York.
District Attorney Susan Mallery said in a letter filed in Schoharie County Court Wednesday that information from a former repair shop employee doesn't exonerate limo company operator Nauman Hussain, as the defense claims.
The employee, Virgil Parks, told investigators a brake master cylinder installation and brake flush were billed but not done months before the Oct. 6, 2018 crash in Schoharie. Mallery said neither of those caused the crash.
Parks was terminated by the Mavis Discount Tire in Saratoga Springs in February. Parks was recently interviewed by New York officials and, according to documents obtained by News 4, told investigators sometimes items listed on invoices from the Mavis Saratoga store were "substituted to meet sales quotas."
These Are The Victims of the Upstate NY Limousine Crash
Mallery said earlier this month that Parks claimed an invoice dated more than 3 months before the limousine crash indicates brake labor was done to the modified limo. Parks now says the brake service was never completed.
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A spokesperson for Mavis Discount Tire called the statements made by Parks and Hussain's defense team "inaccurate or misleading," and denied causing the fatal accident or having any legal responsibility.
Mallery said other braking system deficiencies were to blame and would have been discovered through proper inspection and maintenance.
Hussain is still indicted on manslaughter and criminally neglient homicide counts for each of the 20 victims who died in the crash. Defense attorneys say the new revelations undermine the prosecution's claim that Hussain knew the vehicle was unsafe prior to the crash. His lawyers had no immediate comment Wednesday.
Before the claims regarding the brake work surfaced, the National Transporation Safety Board recommended to the National Highway Traffic Safety Administration that lap and shoulder seat belts be required on all new vehicles modified to be used as limousines. The agency also recommended that seating systems in these vehicles meet minimum performance standards to ensure their integrity during a crash.
The carnage in the Scholarie crash, the board wrote, “might have been mitigated by a combination of adequate seat integrity, well-designed passenger lap/shoulder belts, and proper seat belt use.”
None of the 17 passengers appeared to have worn available seat belts at the time of the crash, the board said, and the belts were poorly designed and “would not have provided adequate protection.”
Prosecutors in New York allege Hussain allowed an improperly licensed driver to operate an "unserviceable" vehicle. Just weeks before the crash, the limo had failed a state inspection that examined such things as the chassis, suspension and brakes.
Hussain has pleaded not guilty to criminally negligent homicide, and his lawyer has said investigators rushed to judgment. His trial is scheduled for January.
