Charlene Casey has been found guilty of negligent motor vehicle homicide in the death of Colin McGrath, the jury found Wednesday.
Charlene Casey has been found guilty of negligent motor vehicle homicide.
— Robert Goulston (@rgoulston) October 12, 2022
Casey now faces up to 2.5 years in the a house of correction for the charge, according to District Attorney Kevin Hayden.
“While we’re grateful for the jury’s decision, we are fully aware that no verdict can even begin to alleviate the grief the McGrath family and their loved ones will forever hold over the loss of Colin. This case was tragic and heartbreaking in every way,” said Hayden in a statement.
The late Colin McGrath’s mother was in the front row by her husband and other family. She was silent but full of emotion holding a hand over her mouth as soon as the jury delivered the guilty verdict.
The case wrapped up with a visit to the scene at L Street and 6th Street where prosecutors say Charlene Casey failed to yield to a van. They say that the van hit and killed McGrath and hurt his sister. They were walking with their nanny in July 2018.
The entire trial focused on the moment Charlene Casey tries to pull out from 6th street and ran right into a van. Casey was accused of failing to yield to the van and causing the chain reaction crash that killed 2-year-old Colin McGrath in 2018. Casey’s defense attorney Steven Boozang and Suffolk County ADA David McGowan gave their closing arguments.
“We know that Ms. Casey stopped at the stop sign, inched up a little after the car left and then she nudged out,” said Boozang. “If Charlene Casey does not step down on the gas pedal and accelerate into that intersection when a van was passing through it, that van continues to pass by Colin Mcgrath, Sloan McGrath and Tracey Lewis,” said McGowan.
The jury visited the scene of the crash in South Boston after hearing from the last witness. The defense said Mike Bui waved Casey out to help her get across L Street. “We both made eye contact. I waved her out and she acknowledged it. She did the little hand gesture and then she started nudging out little by little. She didn’t just go out,” said Bui.
Prosecutors say when Casey did finally pull out she crashed into the side of a van at the exact right spot that causes it to lose its steering. And that set off the deadly event. “That video shows to you that he simply glanced to the left and you couldn’t miss this van, just the slightest glance left. You cannot trust another person’s wave to allow for the safety of all those on or near the roads,” said McGowan.
“The van came out of nowhere. She did every single thing a reasonable, prudent person would do under similar circumstances would have done,” said Boozang, “this was a tragic and freak accident”
The family embraced in the courtroom after the verdict was read but they left the courtroom and did not comment. Casey could faces up to five years but her attorney says because his client does not have any prior history she would not face jail time. Casey could also lose her license for up to 15 years. “She is a very decent person, she was devastated and wanted to reach out to the family to apologize for any fault she may have had,” said Boozang.
Casey will be back here at Suffolk Superior for sentencing on October 20.
This is a developing story. Check back for updates as more information becomes available.
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