By Britney Milazzo
Police say half a dozen beer cans were found in the vehicle involved in Monday night’s fatal car accident at the corner of Vine and Garden streets.
Captain Michael F. Niethe said the vehicle belonged to a family member of Charles E. Davis, 42, who was pronounced dead at the scene.
“There was some empty beer cans,” Niethe said, adding he cannot confirm if alcohol led to the accident. “It will take a few more weeks to determine the cause of the crash.”
Results of an autopsy will not be done for another six weeks, Chief Larry Eggert said.
“We think speed is a cause, but are waiting on results from the Niagara County Sheriff’s Office,” he said. They are helping Lockport police determine the cause by recreating the crash site as best they can, Chief Deputy Steven Preisch said.
Duane J. Whalen, 51, the second victim, was still listed in serious condition at Erie County Medical Center Wednesday. He was flown by Mercy Flight from the crash scene in critical condition. He suffered several broken bones.
Both Davis and Whalen have a sticky record with law enforcement, Niethe said. Records from Lockport since 1997 show Davis has been arrested on 30 charges including several driving while intoxicated and resisting arrests. Whalen, on the other hand, has been arrested on three charges including third-degree assault and second-degree criminal trespassing in 2004.
A police report shows in 2001, Davis was charged with leaving the scene of an incident and reckless driving, on the same night.
On June 29, police responded to Grand Street from a caller who said Davis hit her vehicle and left the scene. Upon arrival, police followed Davis by car, but the suspect failed to pull over once police flashed their lights. “The suspect refused to stop and continued to proceed ...” the report said. The pursuit ended when he was caught by the Erie Canal near Niagara Fiberboard. In the report, Captain Jeff Brodsky said Davis had admitted to being “high” on crack cocaine and was arrested and charged with a felony DWI and DWAI-Drugs.
