Intoxicated Driver Indicted for Causing Collision in Hamburg, Killing 8 Year old Child Passenger in Other Vehicle

Thursday, August 1, 2024

Acting Erie County District Attorney Michael J. Keane announces that 53-year-old Markus R. Genovese of Angola was arraigned this morning before Erie County Court Judge James Bargnesi on a six-count indictment charging him with the following offenses:

• One count of Manslaughter in the Second Degree (Class "C" felony)
• Two counts of Vehicular Manslaughter in the First Degree (Class "C" felonies)
• Two counts of Vehicular Manslaughter in the Second Degree (Class "D" felonies)
• One count of Leaving the Scene of an Incident Resulting in Death (Class "D" felony)

It is alleged that on Saturday, June 8, 2024, at approximately 8:10 p.m., the defendant was driving a pickup truck northbound on Lake Shore Road (Route 5) in the Town of Hamburg when he caused a collision with another vehicle. The defendant was allegedly driving under the influence of alcohol or drugs without a valid license when he crashed his vehicle into the rear-end of the victim's SUV, which was stopped at the intersection to make a left-hand turn onto Eckhardt Road. After the crash, the defendant allegedly abandoned his vehicle and ran from the scene. He was located in the nearby woods a short time later by responding officers and transported by ambulance to ECMC.

Two children were inside of the adult victim's vehicle. One child passenger, an 8-year-old boy who was sitting the backseat on the driver's side, was fatally injured. The second child passenger, a 4-year-old boy who was also sitting in the backseat on the passenger's side, was taken by ambulance to Oishei Children's Hospital where he was treated for injuries and released.

Genovese, who was initially arraigned while hospitalized at ECMC, has been remanded since his arrest. He is scheduled to return on Thursday, August 15, 2024, at 2:00 p.m. for a pre-trial conference. Genovese remains held without bail.

If convicted of the highest charge, Genovese faces a maximum sentence of 15 years in prison.

Acting DA Keane commends members of the Town of Hamburg Police Department and their Accident Investigation Unit for their work in this ongoing investigation.

The case is being prosecuted by Assistant District Attorney Christopher M. McCarthy of the Vehicular Crimes Bureau.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.