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LIVINGSTON COUNTY – In a highly unusual court appearance scheduled more than an hour before normal criminal court Thursday morning, Tracy Abbott, 51, made a first appearance with counsel with his lawyer, Richard Kaul, from Rochester, to satisfy some formalities in his Manslaughter case for crashing his truck into a home on Ossian Street in Dansville and fatally injuring 4-month-old Calin Fly.
Livingston County District Attorney Greg McCaffrey said that Abbott made his first appearance with counsel and requested discovery, meaning that all police records and information in regards to the case will be turned over before proceeding in June.
Abbott was indicted by a Grand Jury for Manslaughter in the Second Degree, a C felony, for allegedly driving while he knew he had a medical condition that occasionally caused him to have seizures, which may have caused him to ‘black out,’ as he says and crash into the home fatally striking four-month-old Calin Fly as he lay in a baby swing inside the house.
Fly was in guarded condition for five days at Strong Memorial Hospital, and sadly passed away on October 4, 2014.
DA McCaffrey says that Abbott failed to properly notify the DMV of his condition when applying for a driver’s license.
Abbott will reappear in court on June 11.
PHOTO CAPTION: Tracy Abbott. (Photo/Livingston County Sheriff’s Office)