Judge Dismisses Manslaughter Charge in Heroin Overdose CasePosted: Updated:
Broome County Judge Kevin Dooley has dismissed the Manslaughter charge against a Town of Union man accused of selling heroin to another individual who overdosed and died back in July, according to the Broome County District Attorney's Office. The other charges against 29-year-old Richard Gaworecki still stand in the death of 26-year-old Nicholas McKiernan.
According to his Attorney Veronica Gorman, Gaworecki still faces one felony for Criminal Sale of a Controlled Substance and two misdemeanors for Criminal Possession of a Controlled Substance and Criminal Possession of a Hypodermic Instrument.
Judge Dooley reviewed the Grand Jury Minutes according to his decision and determined that there needed to be a greater connection between the alleged sale and the overdose death. It was also revealed that the Grand Jury "no billed" a charge of Criminally Negligent Homicide which means that believed there wasn't enough evidence to support that part of the indictment. As a result, that charge has been thrown out entirely.
According to Gorman, the Broome County District Attorney's Office is appealing Dooley's dismissal. If they win their appeal, the Appellate Court would only reinstate the Manslaughter charge.
Gaworecki was expected to have a pretrial hearing this upcoming week and begin his hearing in January but according to Gorman, both have been adjourned until a decision on the appeal has been reached.
Gaworecki was is being monitored electronically as part of the pretrial release program.
You can read Judge Dooley's decision below: