SCHOHARI, N.Y. – A judge has rejected a plea deal that would have meant no jail time for the operator of a limousine company involved in a crash that killed 20 people in upstate New York. Wednesday’s reversal drew cheers and tears from victims’ relatives and left limousine company boss Nauman Hussain in legal limbo.
State Supreme Court Justice Peter Lynch, who was not presiding over the case when the deal was reached a year ago in Hussain’s case, called the settlement “fundamentally flawed.”
That would have spared Hussain time in prison, angering the families of people killed when a brake failure sent a stretch limousine full of birthday revelers hurtling down a hill in 2018.
The judge’s refusal catches lawyers and relatives off guard. Family members, who earlier testified about their grief and anger because no one was held accountable for the deadly crash, clapped and wiped their eyes after the judge’s announcement.
“I can’t even put into words how I feel. Totally unexpected. Thank God,” said Jill Richardson-Perez, the mother of limo crash victim Matthew Kuhns, as she left court. “I’m in a better place now.”
Kevin Cushing, who lost his son Patrick in the crash, said the families “have hope for some justice to be served in the future where we have had no justice in the past.”
Defense attorney Chad Seigel said they were “shocked” and that the judge’s move was “unheard of.”
Hussain, who was driving Prestige Limousine, was charged with 20 counts of negligent homicide and second-degree manslaughter in what was the deadliest U.S. transportation crash in a decade.
The agreement required Hussain to plead guilty only to the murder charges, which resulted in five years of probation and 1,000 hours of community service. Lawyers for both sides said last year that the plea agreement ensured the resolution of a case that would have faced an uncertain outcome had it been presented to a jury.
Lynch noted that a month before the crash, a state Department of Transportation no-use sticker had been placed on the limo. State police recovered the sticker from Hussain’s personal car after his arrest. Prosecutors say Hussain removed the sticker from the limo’s windshield so he could use it for more jobs.
For the judge, Hussain’s actions showed he knew the risk of leaving the limousine on the road on the day of the crash, and a plea of guilty only to criminally negligent homicide did not reflect that. Second-degree manslaughter charges are brought when the defendant is accused of being aware of the risk of death and disregarding it. Lynch called the deal “completely disingenuous and unacceptable to this court.”
Lynch gave Hussein’s lawyers a choice of accepting a sentence of 1 1/3 to four years in prison or withdrawing his guilty plea. They chose the latter.
Seigle then said the DOT sticker had “absolutely nothing to do with defective brakes.”
“We have collectively decided that it would be in the best interest of all involved – not just our client, but community members as well – to put this matter behind us.” A little wrench was thrown into that,” Seigle said. “So the judge got us and we’re ready for a trial.”
District Attorney Susan Mallory left court without comment.
Hussain, who sat with his head bowed for most of the proceedings, declined to comment afterward.
Although the National Transportation Safety Board concluded that the crash was likely caused by Prestige Limousine’s “flagrant disregard for safety” that led to brake failure, the board said ineffective state oversight contributed.
Hussain’s lawyers say he tried to maintain the limo and relied on what he was told by state officials and a garage that inspected it.
Axel Steenberg rented a 2001 Ford Excursion limousine for wife Amy’s 30th birthday on October 6, 2018. The party group, ranging in age from 24 to 34, included Axel’s brother, Amy’s three sisters and two of their spouses as well as close friends.
On the way to a brewery, the limo’s brakes failed on a stretch of road in Schoharie, west of Albany. The vehicle ran through a stop sign at over 100 mph and crashed into a small ravine.
The crash killed the limousine driver, 17 passengers and two bystanders outside the store.
Mallory’s office said Hussain allowed passengers to ride in the limousine despite receiving “multiple notices of violations” from the state and being told the repairs were inadequate. State police said the vehicle had to be taken out of service due to brake problems found during an inspection a month before the crash.
The next court date is scheduled for September 14. Hussain, who completed a year of temporary probation, will be released on bail and subject to GPS monitoring.
Lynch only revealed his decision after several relatives spoke of their lingering pain and sense of loss. Sheila McGarvey told the court her 30-year-old son Shane McGowan was just getting started with new wife Erin McGowan, who was also riding in the limo.
“I keep calling my son Shane’s name,” McGarvey said, “but no one answers.”
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