Charges Filed Update-Mennonite Family Hospitalized after Horse/Buggy Hit by Passing Motorist
UPDATE#2 CHARGES FILED
The investigation concluded no impairment, no distraction and that no unsafe passing event occurred as was preliminarily suggested. Sheriff’s Accident Investigation Unit has determined that Niver’s vehicle approached the rear of the slow moving vehicle (buggy) bearing an SMV emblem at the crest of the hill, and so close that his right front crashed the left rear of the buggy and caused the 7 occupants to be ejected, and then the vehicle collided with the horse. The car was travelling at 52 mph at point of contact with the buggy that was travelling at approx. 5 mph. Another Sensenig son was riding a bicycle in front of the horse/buggy at the time and not involved. Regrettably, a Veterinarian was required at the scene, and had to euthanize the horse.
After investigation, reconstruction, vehicle examination, witness and driver statements, and consultation with the District Attorney’s office deputies filed three vehicle and traffic law charges against Niver today:
- Following too Closely
- Failed to exercise due care to avoid collision with a horse
- Failure to wear a seat belt.
Deputies issued him appearance tickets to appear at later date in the Town of Jerusalem Justice Court.
The Office of Emergency Management has arranged for a critical stress debriefing at the Branchport Fire Station 8/13/20 at 7PM for first responders and others involved in this stressful emergency multi- injury incident.
Mass Casualty Incident with SMV (slow Moving vehicle) Mennonite Horse/Buggy and motor vehicle.
Time: 5:18PM call to Yates Co 911 reporting the collision near 3530 East Sherman Hollow Rd. Deputy Sheriffs and First Responders from Branchport-Keuka Park FD and OEM discovered multiple people near the scene with serious injuries.
Update from Sheriff Ron Spike: Good news…All patients (Sensenig family) at Strong Hospital stabilized and improved conditions this morning after medical care. Charges pending as investigation continues.
Preliminary investigation shows that Justin Niver age 24 of 3777 Comstock Road, Penn Yan, NY was westbound on East Sherman Hollow Road (County Rd#22) at approx. 4 miles West of Penn Yan, NY, and at the crest of a hill approached a slow moving vehicle – (open surrey type of horse drawn buggy) traveling in same direction operated by Mathew Sensenig age 33 of 2203 Italy-Friend Road, Penn Yan, NY. As Niver started to pass the SMV another vehicle was Eastbound and he collided with the buggy causing it to leave the roadway and smash apart ejecting all 7 members of the Sensenig family into the ditch and field. Other Sensenig family names etc. not available at this time.
4 Medivac helicopters at scene. Guthrie transported one, Lifenet transported one, and Mercy Flight made 2 separate transports. Matthew and his wife head injuries, 7 yr old son with multiple internal injuries (critical) and 7-month-old baby with internal injuries. PY Vol. Ambulance transported three other young boys with misc. injuries with ALS assist. All injured went to Strong Memorial Hospital Emergency room and Trauma Center in Rochester, NY.
The horse was also seriously injured and a Veterinarian from Eastview Vet Clinic did euthanize the animal at the scene.
Niver was not injured. Investigation continues and deputies impounded Niver’s 2008 Malibu and the county Accident Investigation Reconstruction Unit is at the scene.
Sheriff Ron Spike 7:30PM