UPDATE: Charlene Casey has been sentenced to 60 days in the house of corrections for misdemeanor motor vehicle homicide. 10 months suspended. She will be on probation for two years + 100 hours of community service.
The trial of a driver charged in a crash that killed two-year-old Colin McGrath back in 2018 continued on Tuesday at Suffolk Superior Court.
Charlene Casey has been charged with motor vehicle homicide in the July 25, 2018 crash. Casey was driving a Toyota Prius on East Sixth Street around 3:30 p.m. when prosecutors say she failed to yield to a van on L Street. The van ended up on the sidewalk hitting McGrath who was in a stroller walking with his caretaker and his four-year-old sister who was also injured.
On Tuesday, the trial began with on juror being excused due to COVID symptoms then the defense called witness Kevin Bui to the stand. Bui says he waved Casey through the intersection that day. He made eye contact and then waved her to go. He claims the van “came out of nowhere.”
Last week, first responders and commuters who witnessed the crash took the stand.
Good Samaritan Mary Kate Shea said she was in her car when she heard the crash. She exited her car to help an found Colin not breathing in his nanny’s arms. She then began to administer CPR.
“I kept talking to Colin telling him that we loved him and he needed to fight,” she said.
On Thursday, emotional testimony was given by Tracey Lewis, the nanny who was with the children that day and Kerri McGrath, mother of Colin.
Also on Thursday, a police reconstruction expert, William Zubrin, broke down the police’s conclusion that Casey was at fault.
“This crash was caused by operator error, Ms. Charlene Casey’s failure to stop for the van,” said Zubrin. “She crashed into the front wheel. The suspension, the steering was broken in the van. … It was in no control directionally by Mr. Racioppi, the (van) operator.”
Zubrin also testified Racioppi was going about 30 mph on a road with a speed limit of 25 mph.
Around 11am on Tuesday, the jury also took a trip to view the intersection of L + 6th .
By 2pm, closing remarks from both sides have concluded and jury deliberations are now underway.
After a day and half of deliberation, the jury has come back with a guilty verdict. Casey faces up to two and a half years in a house of correction. She is scheduled to be sentenced on October 20th.