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Amsterdam resident faces multiple charges in wake of fatal accident

Wednesday, September 03, 2014 - Updated: 10:23 AM

By NICOLE ANTONUCCI

Recorder News Staff

FONDA -- A Montgomery County grand jury on Thursday indicted an Amsterdam man who police say is responsible for last year's head-on motor vehicle collision that killed three people on Route 67 in the town of Amsterdam.

David W. Bain, 69, of 54 Edward St., was formally charged last week with three counts of second-degree manslaughter, three counts of criminally negligent homicide, second-degree assault, reckless driving, and failure to keep right.

According to a police report from the Montgomery County Sheriff's Office, deputies arrested Bain on a county court warrant Aug. 28. Bain was located at his residence and jailed in lieu of $25,000 cash bail.

The warrant stems from a sealed indictment after an investigation into the two-car motor vehicle crash March 10, 2013. Along with 38-year-old Shyara Concepcion, Elijah Sleight, 9, and Tanya Sleight, 33, were killed when Bain's Dodge van drove head-on into Concepcion's 1994 Honda Prelude, police said.

Witnesses told police Bain's van crossed the double solid yellow lines, which divide the east and westbound traffic lanes on Route 67.

According to the Montgomery County Sheriff's Office, as a result of Bain traveling in the westbound lane, his vehicle collided with the second vehicle operated by Sleight.

That day, Tanya Sleight was driving Concepcion's car; Concepcion was riding in the passenger seat. Tanya Sleight's three children -- Elijah, Naomi and Matthew -- were in the back seat, having been picked up from Ballston Spa earlier in the day.

The family was on its way back home to Amsterdam just before 6 p.m., when Bain's eastbound van crossed the center line and struck Concepcion's car head-on, police said.

Concepcion and Tanya Sleight were pronounced dead at the scene. Elijah Sleight, who was a fourth-grader at the Marie Curie Institute of Engineering and Technology, succumbed to brain injuries after he was taken off life support the next day, relatives said.

Naomi Sleight, who was 2 years old at the time, reportedly suffered brain hemorrhaging, a leaking spleen, a broken ankle, and lung contusions. She was transported to Albany Medical Center.

A wrongful death lawsuit was filed earlier this year against Bain on behalf of Christopher T. Sleight, husband of Tanya Sleight and father of the children.

The suit was filed by attorney Cheryl L. Sovern in March, a year to the date after the crash. It seeks a jury trial against Bain for unspecified monetary damages, including those related to funeral costs, and hospital bills for the other two Sleight children injured in the incident.

"The accident and resulting injuries ... [were] caused by the negligent, wanton, reckless and careless acts of David Bain," the suit says.

Matthew Sleight suffered from post-traumatic stress disorder, the suit says.

"[He] witnessed the traumatic events that led to his mother's death, his brother's fatal injuries, and his sister's severe injuries," the suit says. "As a direct and proximate result of Bain's negligence and emotional trauma, [Matthew Sleight] suffered and will suffer pain and physical disability."

Bain previously said his doctors determined he had a seizure that caused him to "black out" during the incident.

"I feel tremendous remorse for what happened, but I blacked out," Bain said in March, citing his condition as "complex partial seizures."

Bain said his doctors told him the collision wasn't his fault.

"But I still took people's lives, and it's not a pleasant thing to live with," he said.

     

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