Charges Upgraded for Man Accused in Brewster Deaths

The man accused of running down and killing a Brewster woman and her eight-year-old daughter earlier this month now faces more serious charges of aggravated vehicular homicide.

Conses Garcia Zacarias, 35, was arraigned last week in Putnam County Court before Judge James Rooney and pleaded not guilty to causing the deaths of Lori Donohue, 37, and daughter Kayla, who were mowed down by a pick-up truck driven by a man described by authorities as a Central American illegally in the U.S.

Chief Assistant District Attorney Christopher York said Zacarias had originally been charged with Vehicular Manslaughter, a Class C felony carrying a maximum jail term of up to seven years, "However, after a review of additional evidence, the Grand Jury returned a 'true bill' charging the defendant with two counts of Aggravated Vehicular Homicide—Class B felonies carrying 25-year state prison terms."

York explained, "aggravated vehicular homicide results from operating a motor vehicle while intoxicated, while driving recklessly, and causing the deaths of more than one person."

Lori and Kayla were killed on the evening of June 8 when the Ford pickup truck Zacarias was driving slammed into them as they walked to their car following a dance lesson at the Seven Stars Dance Studio at the intersection of Routes 6 and 22 in Brewster.

York told Judge Rooney that a surveillance camera on a dentist's office located across the street from where the crash occurred videotaped the collision.

Zacarias was represented by courtappointed attorney Timothy Curtiss, of Carmel, who told the judge that officials at the Guatemalan embassy in New York advised him that Zacarias had entered the U.S. legally in 2001 with a Guatemalan passport. The judge pointed out that even if the suspect had entered the United States legally, he would have needed a visa to remain.

York said the prosecution has a strong case, with eyewitnesses, the video, and forensic evidence, including the results of a blood test indicating Zacarias's blood alcohol content was nearly twice the legal limit for drunken driving. Zacarias is also facing a federal immigration detainer warrant.

Following the court proceeding, York told the Courier the case remains as one of the most disturbing he has ever prosecuted. "I have investigated 60 homicides in my 26 years of working for district attorneys in both Putnam and Westchester, and this was the first time when I got home I couldn't get to sleep. It was a terribly horrific scene."