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Hung jury for second time in DWI vehicular assault case against Fayette man

The trial of a Seneca Falls man accused of injuring a passenger and himself in a drunk-driving case has ended with a hung jury.

Judge Barry Porsch declared a mistrial in the case of Nicholas Roof, according to the Finger Lakes Times. The decision came after the jury could not come to a unanimous decision.

His first trial in April ended with the same result.


Roof was charged with vehicular assault and driving while intoxicated. He was also charged with reckless driving. He had a blood alcohol content of 0.18% at the time of the crash on West River Road.

Assistant District Attorney Dave Mashewske prosecuted the case. He told the Times that the Seneca County District Attorney’s Office would determine at a later date whether the case would be tried a third time.

If found guilty of the vehicular assault charge, Roof could spend 15 years in prison.



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