Press release
The Orleans County Sheriff’s Office is investigating a fatal motor vehicle accident that occurred January 1st, at 8:46 p.m. on Eagle Harbor Road in the Town of Gaines.
Two sisters, ages 18 and 13, were reportedly walking in the northbound lane of Eagle Harbor Road near the north end of the Hamlet of Eagle Harbor when they were struck by a vehicle operated by Zackery Harding, age 24, from Albion , N.Y.
The 18-year-old, Theresa M. Karlak, of Albion, was pronounced dead at the scene by Coroner Rocky Sidari. The 13-year-old had minor injuries and was treated and released at the scene by EMS.
The preliminary investigation indicates that a second vehicle had reportedly pulled over on the west shoulder. As the vehicle operated by Harding went out and around that vehicle the pedestrians were struck. Conditions at the scene were dark, heavy rain/ice that may have contributed to this tragic accident.
The investigation is continuing. The Sheriff’s was assisted by NYSP Accident Reconstruction Unit, Albion Fire Dept., COVA Ambulance, and the O.C. Coroner’s Office
Road conditions were not as bad as yall are trying to pretend. both cars were moving and he sped passed that second car with his friends inside (both cars were together. Leaving the same place and going to the same place) kid constantly drives around under the influence and posts the videos on snapchat. He killed that girl and proceded to call anybody he could think of to brag that he wont be charged. Its well known that his mom sleeps with joe cardone and cardone gets him out of trouble. Claiming he was drugged at the bar after failing a test and yall scumbags eat it up. Didnt even report it til 15 hours after it happened. Ask anybody that knows him and they will say they knew something like this would happen eventually. Handled very poorly by local law enforcement
When will it end people drinking , driving and killing this was beautiful young woman who never had a bad word about anyone all she had was love a great hug everyday for everyone she saw god bless her and her family
That young lady was an angel here if there was ever one she was everyone’s friend and the kindest soul. She didn’t deserve to have her life stolen away from her because this ignorant selfish * chose to drink and drive. Illegal Patriot is right the roads were fine and this scumbag needs to be held accountable for what he’s done. Intentional or not he knew the risks, did so anyway, and that poor girl lost everything. If he doesn’t spend the rest of his life rotting in a cell thinking about what he did then we live in a society with no justice. This is a tragedy. An atrocity. This breaks my heart and that of anyone remotely close to that remarkable young woman. It should never have happened, and these law enforcement officials need to actually do their jobs. Arrest him, throw him in a cell, forget the key. Otherwise corruption and decadence truly has won here.
https://www.facebook.com/groups/526886695559939
There is a lot of misinformation circulating about what happened that night. The news stations didn’t get it right, and no updates were made regarding the toxicology report of the driver who killed my daughter. So, I would like to set all of that straight here.
They were not walking in the middle of the road. They were on the side of the road, facing traffic. He crossed over onto their side of the road, passing his buddies, and struck Theresa from behind, knocking her out of her shoes. Her shoe was still right next to the shoulder of the road when I arrived.
Theresa’s little sister was wearing shoes that flashed multiple bright lights with every step she took. She was right next to Theresa. There was also a light on the garage illuminating the road where he hit her. There is no reason that he shouldn’t have seen them.
The toxicology report showed that he had Marijuana in his system. They do 2 tests for Marijuana; one will be positive for a long time after you smoked, it takes weeks to get out of your system. The other leaves your system very rapidly(in a couple hours) and will only test positive if you have very recently smoked. He tested positive for the one that means he very recently smoked and at the level that under federal standards means you’re impaired. The six states that have established per se laws regarding what level is considered impaired have those levels ranging from 2 to 5 nanograms. He tested at 6 nanograms.
Also, the story about there being heavy rain or ice involved is completely false. It was a light drizzle. My daughters came speeding from Lockport and got pulled over on their way. The officer went about 80 driving them to Albion. That doesn’t work out well when it’s icy or heavy rain. I knelt in the ditch, hugging Theresa’s lifeless body for at least a half an hour and the only part of me that was drenched was the bottom of my skirt because I was kneeling in water. The rest of me was only slightly wet.
The weather got worse as the night went on but it was not bad weather when he killed her.
He was definitely high and probably distracted on his phone or something because there is no reason for him to not see those flashing lights on my daughter’s shoes. He almost hit her as well. She was not physically injured .
Over 2 months ago, I was told that there still may be charges against him but that they are waiting for the accident reconstruction report. As of 2 weeks ago, it was still in “draft form”. I don’t know why they need to wait for that report since they already have the toxicology reports so it is a matter of fact that he was driving while impaired by drugs. It is also a fact that he killed my daughter while driving impaired by drugs. The results of the toxicology report have been in for over 2 months.
***End of Update***
Driving under the influence of drugs is illegal in NY. Killing someone while driving under the influence of drugs is also illegal in NY. Why is nothing being done? It’s been over 4 months – still no charges?
S 1192. Operating a motor vehicle while under the influence of alcohol or drugs.
4. Driving while ability impaired by drugs. No person shall operate a motor vehicle while the person’s ability to operate such a motor vehicle is impaired by the use of a drug as defined in this chapter.
NY Penal Law § 125.12: Vehicular manslaughter in the second degree
The New York criminal code defines three different types of criminal offenses related to killing someone as a result of driving while intoxicated: vehicular manslaughter in the second degree, vehicular manslaughter in the first degree and aggravated vehicular homicide. Of these three offenses vehicular manslaughter in the second degree is the least serious. However, it is still a felony. Under New York Penal Law § 125.12 you will face a charge of vehicular manslaughter in the second degree if you kill another person, and:
• You operate a vehicle while you are … driving while your ability is impaired by drugs,
New York Penal Law § 125.12: Vehicular manslaughter in the second degree
A person is guilty of vehicular manslaughter in the second degree when he or she causes the death of another person, and either:
• operates a motor vehicle in violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of the vehicle and traffic law or operates a vessel or public vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of the navigation law, and as a result of such intoxication or impairment by the use of a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, operates such motor vehicle, vessel or public vessel in a manner that causes the death of such other person
Theresa Karlak
3/8/03 – 1/1/22
I am pretty sure I read once that when law enforcement began in England with the Bobby cops the word JUSTICE was translated as JUST US. Must still hold true