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All of us at Buffalo Toronto Public Media are heartbroken by the senseless tragedy that occurred in our great City on Saturday, May 14th. We are grieving with our community and are committed to helping it heal. Our thoughts are with the victims, their families, friends, and the employees and customers of Tops Friendly Markets.

Driver in Delaware Park tragedy won't face criminal charges

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The driver of the vehicle that struck and killed a 3-year-old boy in Delaware Park this spring will not be prosecuted for a crime, according to Erie County District Attorney Frank Sedita.

The driver will, instead, likely be charged with a vehicle and traffic infraction by Buffalo Police. 

The tragedy occurred late in the morning on May 30.  The vehicle in question veered off the Scajaquada Expressway into the park's ring road, striking 3-year-old Maksym Sugarovsky and his 5-year-old sister, who suffered serious injuries.

Sedita said the driver likely fell asleep behind the wheel. He did not drive recklessly, as defined by law, and did not leave the scene of the accident. He was not intoxicated or impaired and was fully cooperative in the investigation. 

"The toxicology showed no alcohol, no illicit drugs. It did show the presence of a prescribed medication, but it showed it in a low therapeutic level, not to the degree that it would cause anything close to impairment," Sedita said.

Several safety measures were immediately put in place following the accident, including lowering the speed limit on Route 198 to 30 mph and the installation of concrete barriers.

Sedita called it a tragic episode that does not fit the classification of a crime.

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