PLATTSBURGH — Clinton County District Attorney Andrew Wylie awaits Judge Kevin Ryan’s decision on whether the Ronald R. Trombly case can be brought before another grand jury.
On Aug. 6, a Clinton County grand jury chose not to indict the 85-year-old Champlain man on any of the charges he incurred as a result of allegedly hitting Ashley Poissant, 27, with his car on May 20 and killing her.
State Police say Trombly was drunk when the Champlain woman was struck as she was jogging with three others on Perry Mills Road in Champlain at dusk.
The grand jury returned a “no bill” on each of Trombly’s charges despite the New York Forensic Science Laboratory in Albany returning a blood-alcohol content of .12 percent from around the time of the crash, Wylie said earlier.
A driver is considered drunk with a BAC of .08.
Trombly had originally been charged with second-degree manslaughter, second-degree vehicular manslaughter and criminally negligent homicide, all felonies; third-degree assault, a misdemeanor; two counts of misdemeanor driving while intoxicated; and two counts of failure to use due care to avoid a pedestrian.
Wylie confirmed to the Press-Republican on Thursday that he recently applied to Clinton County Court to have the case brought to grand-jury review a second time.
The County Court Clerk’s Office said the Trombly case is sealed; no information is available to the public.
And the proceedings of a grand jury are secret, so Wylie is not allowed to discuss what may have led the panel to dismiss the charges earlier this summer.
A grand juror is tasked with reviewing the evidence to decide if it is legally sufficient to indict the person, Wylie said after the first grand-jury decision, adding he did not believe the jurors in the Trombly case followed the instructions they were given.
Then, Wylie expressed his dismay, as did Poissant’s family and friends.
“I was extremely shocked by the vote and upset by it,” he said after the charges were dismissed.
“I think the justice system failed in this case.”
Wylie followed the rules of New York State Criminal Procedure Law section 190.75 in making his application to the court.
It states, in part, that if charges are dismissed by a grand jury a second time, “it may not be again submitted to a grand jury.”
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