A Kendall man is facing felony charges after the death of a mother and son at a Kendall apartment/duplex.
David A. Wiley Jr., 39, was arrested and charged on Thursday with two counts of criminally negligent homicide and two counts of reckless endangerment 1st in connection with the deaths of Joan C. Gilman, 38, and her son Richard J. Gilman, 14.
Wiley was the caretaker of the apartment duplex at 2245 Center road in Kendall.
According to the Sheriff’s Office, the electric was shut off to the duplex on or about April 16th. The electric bills for Wiley’s apartment and Gilman’s apartment were in Wiley’s name.
Because the electric was turned off, Wiley allegedly ran a generator in a closed garage directly beneath the bedroom of the two victims.
Both victims died as a result of extremely high levels of carbon monoxide.
The Orleans County Sheriff’s office held a press conference on Friday morning saying that Wiley’s actions were dangerous and reckless.
“We are alleging that his reckless and criminally negligent conduct was such a gross level that it constituted a violation of penal law,” says District Attorney Joseph Cardone.
“It is such a bad use of judgement, such a reckless and criminal negligent use of judgement.”
According to Undersheriff Christopher Bourke, Wiley was using the generator that was under the Gilman’s apartment inside the garage to power only his side of the duplex.
The generator was used for 17 hours straight, between April 16 and April 18.
“It’s an absolute tragedy that didn’t have to happen, “says Undersheriff Christopher Bourke.
“You had a gross negligence with regards to operating that generator inside a garage which is not what an ordinary prudent person would do. The levels reached a point where they could not survive.”
David A. Wiley Jr. remains in the Orleans County Jail on $2,500 cash bail and $5,000 bond. He is to appear in Kendall Town Court on May 7, 2018 at 5:30p.m.
He could face up to 7 years in jail.