A man convicted in a drunken-driving crash that killed Mark Knapp in Weedsport is scheduled to leave state prison for federal immigration custody Nov. 6, a parole decision Cayuga County District Attorney Brittany Antonacci criticized as she called for tougher sentencing laws.
Heriberto Perez-Velasquez, who pleaded guilty to aggravated vehicular homicide in the death of Mark Knapp in Weedsport, is scheduled to leave state prison for U.S. Immigration and Customs Enforcement in a little over one week.
The New York State Board of Parole approved the discretionary release, according to District Attorney Brittany Antonacci.
Antonacci criticized the decision in a release dated Oct. 27 and called for changes to the state’s sentencing and parole laws for impaired-driving fatalities.
Perez-Velasquez struck a tractor operated by Knapp in the village of Weedsport on Nov. 10, 2019, killing him, according to the district attorney’s office.
The office said Perez-Velasquez was speeding and had a blood alcohol concentration of 0.21%.
Three weeks before the fatal crash, he had been arrested in Wayne County for aggravated driving while intoxicated and released on his own recognizance, the release said.
The district attorney’s office also said he had previously been deported and had returned to the United States unlawfully.
Perez-Velasquez pleaded guilty in Cayuga County Court on Sept. 24, 2020, to aggravated vehicular homicide and other charges.
He was sentenced Nov. 24, 2020, to an aggregate prison term of seven to 24 years.
Aggravated vehicular homicide is a class B felony under New York law.
The release cited a maximum potential sentence of 8⅓ to 25 years for the offense as Antonacci questioned whether current penalties adequately reflect the lasting consequences of fatal impaired-driving crashes.
“The Board was not legally required to release him at this time, and it chose to do so,” she said.
She described Knapp as a father, husband, son, brother, friend and valued community member whose death continued to affect his family.
Antonacci said the decision was the second within a year granting early release to someone convicted in a vehicular homicide that affected the Cayuga County community.
Her office also cited state Department of Corrections and Community Supervision figures showing parole releases rose from 3,153 in 2023 to 3,596 in 2024, an increase of 14.1%.
Antonacci urged residents who share her concerns to contact their state senators and Assembly members about sentencing and parole standards.
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