Jennings Staley
On Wednesday, February 15, 2017, before the Hon. Michael M. Mohun, Tyler Jennings, 34, of Farmington and Chad Staley, 32, of Rochester, both entered a plea of guilty to 1 count of criminally negligent homicide.
This charge is a class E felony with a maximum sentence of 1 1/3 to 4 years.
Sentencing is completely within the discretion of the court as there are no restrictions on sentencing as part of this plea.
The court ordered a pre-sentence investigation report and adjourned the case until May 17, 2017 at 2:00 p.m. for final sentencing.
Upon the consent of the People, both defendants continued to be released on their own recognizance as they have appeared for every court appearance.
The original charges stem from a five month investigation that began on June 11, 2016 by the New York State Park Police after 5 children and 2 adults were in a restricted area of Letchworth State Park, more particularly in the water directly above the Lower Falls, when the water swept all 7 people over the 70 foot waterfall.
Two of the children that went over the falls, Dylan Giangregorio (age 9) and Preston Giangregorio (age 6), did not survive the 70 foot fall. It took a couple of days to recover their bodies after a very thorough and heroic effort by law enforcement officials from multiple agencies. The other three children and the two defendants who also went over the falls suffered non-life threatening injuries.
The two defendants and the five children made their way towards the lower falls so that they could see the falls up close. They made their way above the falls where the children were allowed to enter the water. The five children ranged in ages from 5 to 12 years. While the children were in water above the falls they began to lose their footing due to the strong current. The defendants were unable to keep the children and themselves from going over the falls. Mr. Staley was stuck on brink of the falls for almost 2 hours until he was saved by the Rope Rescue team.
During the plea, Chad Staley admitted that on or about June 11, 2016, he, with criminal negligence, caused the death of Preston Giangregorio. Also during the court appearance, Tyler Jennings admitted that on or about June 11, 2016, he, with criminal negligence, caused the death of Dylan Giangregorio. Mr. Staley is represented by Mark Foti and Mr. Jennings is represented by Assistant Public Defender Gregory Kilburn.
“This has been difficult and emotional case for all involved and it is my hope that this disposition will begin to bring closure to the families involved, justice for Dylan, Preston and all of the children and at the same time send a message that danger/warning/park signs matter as they are there to protect the public. Hopefully Dylan’s and Preston’s deaths will not be in vain and that park visitors will learn from this preventable tragedy by following the rules of the park going forward,” said Wyoming County District Attorney Donald O’Geen.