O'Brien Granted Stay of Sentence

A retired state trooper from Allegany will stay out of jail for now after the State Court of Appeals granted a stay of his sentence on Thursday.

This reverses last week's ruling from a Rochester appellate court that upheld the 2009 conviction of 70-year-old David O’Brien and the one- to seven-year prison sentence he was given.

O’Brien was convicted of vehicular manslaughter, criminally negligent homicide and misdemeanor drunken driving for going the wrong way on Route 219 and slamming into the oncoming car of Wendy Karnes of Bradford on April 26, 2008. Karnes was pronounced dead at the scene.

O’Brien’s attorney is arguing that the there were errors in O’Brien’s trial.

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