Jury convicts former NY state trooper

LITTLE VALLEY, N.Y. (WIVB) - A retired New York State trooper is guilty of killing a woman after getting behind the wheel drunk.

The verdict against 69-year-old David O'Brien came down late Tuesday afternoon in Cattaraugus County Court.

A jury in Cattaraugus County convicted him on all counts in the fatal accident on Route 219 that killed 38-year-old Wendy Karnes of Bradford.

Special prosecutor David Foley said, "I beleive the jury was obviously overwhelmed with the proof we had. It was a very convincing case and a very compelling case. I think they needed very little time to weigh the evidence. The evidence spoke for itself."

And that's what bothers defense attorney Ed Cosgrove.

He says the jury should have spent more time reviewing the evidence, "The jury only spent one hour and 46 minutes, including lunch after heraring 32 witnesses. They should have been able to spend more time to judge their police."

O'Brien was convicted of drunk driving, vehicular manslaughter and criminally negligent homicide after turning down a plea deal.

Foley said, "When you look at it in it's totality, it was evident that Mr. O'Brien was operating a motor vehicle while intoxicated and he took a life."

Foley also said this verdict sends a strong message to anybody who drives drunk, "Anybody who does it is taking a huge risk in their lives. A life can be shattered in a moment, if you make the decision to get behind the wheel after consuming alcohol to the point where you are intoxicated."

Both O'Brien and Karnes were on their way to work at the Seneca Allegany Casino at the time of the crash.

O'Brien faces up to seven years in prison when he's sentenced in September.