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Newfield man guilty of lesser charge in hit-and-run involving Ithaca College student

Jury rejects higher charges

By Liz Lawyer •elawyer@gannett.com • November 4, 2009, 6:50 pm

A Newfield man was acquitted of driving while intoxicated and vehicular assault in a hit-and-run case Wednesday, but was found guilty of leaving the scene of an accident.


Carl Marshall III was found guilty of leaving the scene of a personal injury incident without reporting it when he struck an Ithaca College student while driving southbound on Route 96-B the night of Nov. 7, 2008. The jury deliberated for four hours Monday and more than six hours Wednesday before returning the verdict.

Sentencing in the case is scheduled for 10 a.m. Jan. 5 at the Tompkins County Courthouse.

The accident occurred between Rogan's Corners restaurant and Grandview Avenue about 11:47 p.m. Nov. 7. The student was walking south, sheriff's officials said, and airlifted to Upstate Hospital in Syracuse. The victim lagged behind three companions while on his cell phone, Assistant District Attorney Andrew McElwee said in his opening argument last week.

Marshall testified Monday that when he struck a heavy object on Route 96-B that shattered his windshield, he checked his mirrors and did not see the victim. Assuming it was a deer, he continued to his destination at Ithaca College. Marshall testified that he was not intoxicated at the time of the accident and that he did not know he had struck a person.

McElwee said the student was in the west shoulder when he was struck from behind. Defense attorney Lance Salisbury said the student's injuries, all to the left side of his body, showed he had begun to cross the road and was struck in the right lane.

Salisbury said Marshall's car has not been conclusively linked to the student's accident. McElwee argued the possibility of two violent collisions happening on the same road on the same night is unlikely. McElwee said Marshall should have stopped the car after the collision even if he had believed he had simply hit a deer, rather than continue to drive home with his head out the window because he could not see through the cracked windshield.

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