“The evidence suggests that this was truly an accident, however, it was an accident that should have never happened,” Otsego County District Attorney John Muehl told Rivera.
“Criminally negligent homicide is on the books for these cases. For the cases where the person didn’t have any intent but they were so careless under society’s standards that they should still be held responsible for their actions,” Muehl said.
Gerbino — who sources say is a husband, father and teacher — pleaded not guilty Tuesday and was released on his own recognizance. He is due back in court May 5.
Gerbino’s defense attorney, Bruce Maxson, did not immediately respond to a request for comment.
Criminally negligent homicide carries a penalty of up to four years, but Gerbino could get off with no jail time, Rivera reported.