Driver, 18, Charged In Death of Yorktown's Randy Zapakin

An 18-year-old Yorktown man has been indicted in the death of beloved community member Randy Zapakin, who  on Farm Walk Road while he was walking his dog.

Brett Nelson was arraigned Friday morning on five counts, including a felony criminally negligent homicide. He is also facing 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.

After an extensive investigation and accident reconstruction by the Yorktown police and reviewed by the Westchester County Police, a grand jury indicted Nelson. 

Nelson was traveling north on Farm Walk Road, when he crossed over to the left side of the two-way road striking Zapakin. The vehicle drove off of the road and traveled approximately 100 feet before hitting a tree, Westchester County District Attorney Janet DiFiore said. 

One of the first police officers on scene smelled an odor of marijuana coming from the vehicle and located marijuana inside and outside of the car, police said. Marijuana pipe was were also found on the ground in the area of the initial collision, according to the report. 

Zapakin died at the scene.

He was a successful real estate agent at Keller Williams Realty in Yorktown. He also volunteered at the town's Relay for Life cancer research fundraiser, served as the Master of Ceremonies and was instrumental in the 'Dancing with the Yorktown Stars' fundraiser.

Zapakin, a father of three and friend to many was remembered as a compassionate and generous man. He left a lasting impression on everyone who knew him because of his larger than life personality and smile. Friends had described Zapakin as a genuine, caring and fun-loving guy. 

Zapakin is survived by his wife Debbie Zapakin, co-owner of Wishes Boutique in Yorktown, sons Jordan and Jared and daughter Allie.

The Randy Zapakin Yorktown Community Service Award was established in his honor and the first annual award was given to the Yorktown Girl Scout troops in December 2012. 

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. 

Bail was set at $25,000 cash or bond. Nelson's next court date is May 28.

He faces a maximum sentence of four years in state prison on the top count in the indictment.

Assistant District Attorney Jonathan Strongin, of the Superior Court Trail Division, is prosecuting the case.