Smith
GOSHEN – The mother who drove under the influence of Methadone
and Xanax, crashing her car resulting in the death of her two-year-son
was sentenced in Orange County Court to five to 15 years in state prison.
On March 19 of this year, Nicole Smith, 27, of Bloomingburg, tried to
pass another vehicle on Route 17K in Montgomery by crossing over the double
yellow line and running off the road, striking an embankment and a tree.
As a result, Smith’s two-year-old son was ejected from the car and
killed. The car seat that Smith’s son was in was not belted into
the vehicle properly and was ejected from the vehicle with the child in
it.
“I can think of no more tragic circumstances than a mother killing
her own son,” said District Attorney David Hoovler. He said the
driver of the other car narrowly avoided a collision that could have caused
further deaths or serious injuries.
Smith’s plea to aggravated vehicle homicide was pursuant to Leandra’s
Law, which deals with the death of a passenger under the age of 15 when
the driver is impaired by the use of alcohol or drugs. This plea marked
the first time there has been a plea under that subdivision of law in
Orange County.
The case was investigated by Town of Montgomery Police with the assistance
of the accident Reconstruction Unit of the State Police.
Assistance District Attorneys Kerry Kolek and Steven Goldberg prosecuted
the case.
