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Wayne County hit-and-run death drives push to eliminate prosecution deadline

Wayne County hit-and-run death drives push to eliminate prosecution deadline

Twenty years after a young Wayne County man was killed by a hit-and-run driver, state lawmakers are pushing legislation that would eliminate the statute of limitations for prosecuting drivers who flee crashes resulting in death.

The legislation, known as Pete’s Law, is named for Peter Ververs, a 23-year-old Marion resident who was struck and killed Oct. 22, 2006, while walking near his home.

According to the Senate bill’s official sponsor memorandum, the driver fled without helping Ververs, and investigators were unable to identify a suspect before the five-year prosecution deadline expired.

The legislation would amend New York’s Criminal Procedure Law to allow prosecution for leaving the scene of a fatal crash at any time, regardless of how many years have passed.

State Sen. Pamela Helming, R-Canandaigua, introduced Senate Bill S.9726 on April 2. Assemblyman Brian Manktelow, R-Lyons, introduced companion legislation, A.11067, later that month.

The proposal has received renewed attention around the 20th anniversary of Ververs’ death.

According to the legislative justification, Ververs was walking along Skinner Road in Marion when he was struck. He was engaged to be married and was expecting a child with his fiancƩe, Desire Cruz.

The investigation continued, but the expiration of the statute of limitations created a barrier to prosecution even if new evidence later identified the person responsible.

Finger Lakes Partners (Billboard)

Lawmakers argue that advances in forensic science, DNA analysis and investigative technology make it increasingly possible to solve cases years after they occur.

Under current law, however, those advances cannot overcome an expired prosecution deadline for the specific offense addressed by the legislation.

The bill would eliminate that restriction for violations involving leaving the scene of an incident resulting in death under Section 600 of the state’s Vehicle and Traffic Law.

The legislation does not broadly eliminate statutes of limitations for every traffic offense or automatically reopen prosecutions under every potentially related charge. Its language specifically targets the designated fatal hit-and-run offense.

Helming’s sponsor memorandum argues that families should not lose the possibility of accountability simply because investigators need more than five years to identify a driver.

The legislation also recognizes Cruz’s advocacy in bringing attention to the issue.

The Senate proposal has several Republican co-sponsors, including Sens. George Borrello, Anthony Palumbo and Dean Murray.

As of Oct. 25, the Senate legislation remained in the Codes Committee, while the Assembly version was also awaiting action in its Codes Committee.

If enacted, Pete’s Law would take effect 120 days after becoming law. Its text does not expressly establish retroactive application to previously time-barred offenses.