×

Driver found not guilty of vehicular manslaughter in crash that killed 7-year-old

Nicholas Mineweaser in Chautauqua County Court. P-J photo by Gregory Bacon

MAYVILLE — A former Lakewood resident charged in the February 2020 crash that killed a 7-year-old girl in the town of Pomfret has been found not guilty of second-degree vehicular manslaughter. Nicholas Mineweaser, however, was found guilty of driving while ability impaired by drugs and faces up to 364 days in jail.

The verdict by Judge Paul Wojtaszek was read this afternoon in Chautauqua County Court.

Chautauqua County District Attorney Jason Schmidt and Assistant District Attorney Emily Woodard prosecuted the case while Mineweaser was represented by Buffalo area attorney Michael Dwan.

Afterward, Schmidt released the following statement: “I’m profoundly disappointed by the verdict. I believe we established each and every element of the felony charge beyond a reasonable doubt and that we should have obtained a conviction on that charge, not just the Driving While Ability Impaired by Drugs charge. The Judge didn’t provide any Findings of Fact so I honestly can’t speculate on how he arrived at his verdict. Our hearts go out to the Wilcox family and all those who grieve for Emmaline’s loss. We put on our best case and admitted into evidence everything developed during the course of the investigation. This is all we can do as prosecutors.”

The trial, which actually only had seven days in court, began in early November but went through multiple delays before the decision was handed down. There was Election Day. There were days a courtroom was unavailable. Other times, the judge and/or the prosecution had to delay due to other court trials. At one point, Schmidt requested a continuance so he could deal with evidence brought in by the defense that said Mineweaser had been involved in an automobile accident in 2016 which had allegedly affected his ability to take the physical sobriety tests.

The trial wrapped up on Dec. 9. Wojtaszek said he wanted enough time to review the transcripts before issuing his decision. Due to Christmas and New Year’s holidays, the judge planned on issuing his ruling Jan. 5, however weather closed the courts that day and his ruling was delayed until today.

On Feb. 24, 2020, Mineweaser, who lived in Lakewood at the time, rear ended a vehicle on Route 60 in the town of Pomfret, driven by Shanna Wilcox of Cassadaga, which caused that vehicle to be struck by a tractor trailer. Her 7-year-old daughter Emmaline perished in the accident. The prosecution argued that Mineweaser was under the influence of marijuana while he was operating his vehicle.

Schmidt brought in 12 people to testify in the trial — two area state troopers, one Fredonia Police Officer, one investigator, one toxicology expert, two Fredonia firefighters, Mineweaser’s former girlfriend, the tow truck driver, the tractor trailer driver, one witness, and Wilcox herself.

The defense, meanwhile, only had one person testify. That was Mineweaser’s mother.

This was the first trial in Chautauqua County to begin since the COVID-19 pandemic started in 2020. Both sides agreed to a bench trial instead of a jury trial, which allowed Wojtaszek to make the ruling.

See the full story in this weekend’s OBSERVER and Post-Journal editions.

Newsletter

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *
   

COMMENTS

Starting at $4.62/week.

Subscribe Today