Brett Nelson, the 19-year-old Yorktown man who was indicted earlier this year in the death of beloved community member Randy Zapakin, pleaded guilty on Tuesday to five counts, including a felony criminally negligent homicide, Westchester County District Attorney Janet DiFiore said.
He is facing six months in jail, 200 hours community service, five years probation and drug assessment on the record as part of a plea deal.
Nelson was driving his 2002 Chevrolet Cavalier on Farm Walk Road in Yorktown on Nov. 8, 2012 at around 8 p.m., when he admitted to crossing over to the left side of the two-way roadway, passing another vehicle and striking Zapakin, who was walking his dog just feet from his home.
After striking the victim, 57-year-old Zapakian, Nelson's vehicle drove off
of the roadway and traveled approximately 100 feet before hitting a tree, according to officials.
Zapakin was pronounced dead at the scene by Yorktown paramedics.
One of the first police officers on the scene smelled an odor of marijuana coming from Nelson's vehicle and located marijuana inside the center console of the vehicle. police said. Marijuana pipe was were also found on the ground in the area of the initial collision, according to a report.
Officials said Nelson consented to a chemical test of his urine and blood. Westchester County Department of Labs and Research tested the blood and urine and found both to be positive for THC, the principal ingredient of marijuana, DiFiore said.
After an extensive investigation and accident reconstruction by Yorktown police officers and reviewed by the Westchester County Police, a Westchester County Grand Jury voted an indictment. Arraignment took place on May 10, 2013.
In addition to the felony criminally negligent homicide, Nelson pleaded guilty to reckless driving, a misdemeanor; unlawful possession of marijuana, a violation; driving to left side of center of road, a traffic infraction; failure to exercise due care to avoid pedestrian, a traffic infraction.
Bail, which was set at $25,000 cash or bond, was revoked and Nelson was remanded to the Westchester County Jail to await sentencing on Oct. 1, 2013.
Assistant District Attorney Jonathan Strongin, of the Superior Court Trail Division, is prosecuting the case.
Editor's Note: The article was originally published on July 30. It has been updated to reflect Nelson's plea deal. As indicated in a press release from the District Attorney's Office, the article originally stated Nelson was facing a maximum sentence of four years in state prison.
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