The trial for the man accused of putting an unsafe limousine on the road that crashed in Schoharie and killed 20 people is expected to begin this week.
On Monday, the operator of the limo company behind the crash, Nauman Hussain, will face trial for 20 counts of manslaughter and 20 counts of criminally negligent homicide.
In October 2018, the limousine crashed near the Apple Barrel at the intersection of Routes 30 and 30A. It killed all 17 passengers on board, the driver and two pedestrians.
Those inside the limo were on their way to a brewery to celebrate a birthday. Those killed, including four sisters, a pair of brothers, two newly wed couples, cousins and friends, were in their 20s and 30s.
A memorial now sits at the crash site to honor the lives lost, and changes have been made to to the transportation industry at both the state and federal level. But the families say they’re still waiting for answers on the criminal side of the tragedy.
Over the past four years, there has been a lot that happened in the case, including multiple appeals and shock when a judge threw out a plea deal.
The families of those lost have waited for justice.
Back in 2018, as investigators hovered over the scene of the deadliest transportation crash in a decade, criminal charges quickly unfolded. Just four days after the 20 people were killed, Nuaman Hussain, the operator of Prestige Limousine, was criminally charged.
The National Transportation Safety Board (NTSB) says the vehicle's breaks gave out, torpedoing the limo down a hill and reaching up to 118 mph before it crashed and claimed the victims' lives.
“I knew they were going to be charged criminally because somebody needs to point a finger,” defense attorney Lee Kindlon said.
A preliminary NTSB report focused on faulty brakes, and said the limo should have never been out on the road in the first place, something police say Hussain was aware of, even trying to register it improperly.
But his attorneys said Mavis Discount Tire is responsible.
“Asked for the breaks to be checked and fixed, he was told that they were," defense attorney Joe Tacopina said. "He paid for that service and that service was never done.”
About two years after the crash, a final report that was released named Prestige Limousine and its "disregard for safety" as a factor in the crash. It stated the operator knew the limo was placed out of service multiple times, and shouldn’t have been operating when it was sent out on the road.
“Their actions were egregious, with no regard for safety whatsoever for the safety of their employees, for the safety of their passengers," NTSB board member Jenifer Homendy said. "And I feel they were deceptive.”
The final report also names the state and the Department of Motor Vehicles for its lack of oversight in inspections and failing to properly register the limo.
“After the crash, we spoke with them and they claim they didn’t know they had the authority to take these vehicles off the highway or disable them in any faction,” NTSB investigator Michael Laponte said.
But even with the NTSB findings, a plea agreement moved forward. It would have consisted of a total of five years of probation for Hussain, 1,000 hours community service and no jail time.
It's a move the victims' families weren’t happy with.
“I don’t feel that there was enough justice," said Jill Perez, Mathew Coons’ mother. "Our children deserve more than that.”
But back in August, the course of that plea agreement changed. The judge argued Hussain should see jail time. It was the families' emotional victim-impact statements that played a big factor in the rarely seen decision.
“I am not going to abide by the plea agreement,” Judge Peter Lynch said.
“Obviously, this new judge threw in a little wrinkle, but with all respect to his honor, he wasn’t here for all of the extensive discussions that were had,” said Chad Siegel, Hussain’s defense attorney.
“Is this unusual? Absolutely," said Kindlon. "Because we have a client who’s done everything the court, the prosecution and his defense attorneys has asked of him over the past year.”
A state appeals court ultimately disagreed with that statement, and upheld the decision. The concurring opinion cited Hussain’s lack of regularly attended community service hours.
Now, after years of arguments, the trial is set to start May 1, when jury selection is expected to begin.
Because of the high-profile nature of the case, nearly 1,500 people in the U.S. have been summoned. The hope is to find a group of people without any bias or opinions in this case. They expect to get through about 90 potential jurors a day, until they find a jury.
“Might we explore change of venue? That’s honestly something we have to go to the drawing board and think about right now,” Kindlon said.
The NTSB's final report, which names Hussain and his "disregard for safety" as a factor in the crash, is expected to play a major role in this case for both sides. The defense could bring up the state and DMV, which have also been named as a responsible party in the report, and Mavis Discount Tire.
The trial is expected to unfold over the next month and a half. Family members of those lost in the crash have long awaited the court date.
Patrick Cushing’s father, Kevin, shared a statement ahead of the trial.
“Finally, after four-and-a-half years, it appears the defendant has run out of appeals," he said. "They say the wheels of justice move slowly, and that is certainly the case with the limousine trial. As we all wait for the trial, we are both hopeful and cautiously optimistic that justice will, at last, be served.”