A 35-year-old California man is being held without bail after Buffalo prosecutors say he ran a red light and slammed into a cab, killing a 69-year-old passenger inside. James A. Banks, of Antioch, California, was indicted on charges stemming from the crash in the city's Kensington-Grider neighborhood, where authorities say his vehicle struck the cab early on Aug. 31.
According to wivb.com, Banks was accused of causing the fatal crash while driving under the influence of alcohol. The station reported that around 12:30 a.m. that day, Banks drove through a red light at the intersection of Kensington Avenue and Grider Street and struck the cab. The Erie County District Attorney's Office has separately placed the crash at around 12:34 a.m., according to seed reporting from WGRZ, which also reported that Banks was driving west on Kensington Avenue when the collision occurred.
The passenger in the cab, 69-year-old Gloria Johnson, died from her injuries, per the same wivb.com account. The cab driver was taken to Erie County Medical Center for minor injuries, the station's report added.
Charges and Conflicting Details on the Manslaughter Count
Banks was charged with two counts of aggravated vehicular homicide, the WIVB report states. Reporting on the remaining count has varied: wivb.com described it as one count of second-degree manslaughter, while wkbw.com reported that Banks was charged with one count of second-degree vehicular manslaughter. WGRZ's reporting referred to the count as manslaughter in the second degree.
Under New York law, aggravated vehicular homicide is classified as a class B felony, according to the New York State Senate's statute. The dossier underlying this report does not independently verify the exact final wording of every count in the indictment, nor the applicable maximum sentence Banks could face if convicted on the charges.
Court Timeline Ahead
Banks is being held without bail, the wivb.com report notes, and is scheduled to return for a pre-trial conference on Nov. 10. No additional details about a defense response, attorney, or plea were available in the available reporting.
