Trial of man accused of Felony DWI in McDonough crash continues

NORWICH – The trial of Thomas Toomer, 34, of Oxford, began Wednesday, June 29, at The Chenango County Courthouse. It is alleged that Toomer, on April 3, 2015, on State Highway 220, in the Town of McDonough, was involved in a motor vehicle accident while he was under the influence of alcohol. Toomer is charged with felony DWI and driving while in excess of 0.08 percent of one percent of alcohol in his blood stream. Leading the prosecution's case was Chenango County District Attorney Joseph McBride. Defense Attorney Kevin O'Brien represented the defendant, while The Honorable Judge Frank B. Revoir Jr. presided over the matter.

The trial began with the opening statement from the prosecution. McBride explained that the defendant was accused of driving drunk, and subsequently causing an accident involving himself and two other individuals. He described how the defendant approached a sharp turn at high-speed, heading eastbound on State Highway 220, which runs between Oxford and McDonough.

“He was going so fast that their (witness’) recollection was that his tires were in the air as he came around the corner,” McBride said. McBride continued to illustrate that the defendant did not stop after hitting the first victim’s car, and attempted to continue down the road, despite losing a wheel in the accident.

After a New York State Police Trooper arrived, McBride said that the remnants of a 24 pack of beer were discovered in the defendants car. He also conveyed that Toomer's breath was tested by the NYSP over two hours after the crash had occurred. The analysis allegedly came back at 0.09 percent of one percent of alcohol in the defendants blood stream, which is 0.01 percent over the New York State legal limit.

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