New records show why no one was charged in 'tragic' Tonawanda crashes that killed two children (2024)

Town of Tonawanda police did not charge either driver involved in the motor-vehicle crashes that killed two children earlier this year.

That is according to copies of police reports obtained by The Buffalo News on Thursday in response to a Freedom of Information Law request.

Though the town attorney redacted portions of the reports, they provide the most detailed look to date into the incidents that fatally injured Carmella Lopez, who was 6, and Luke Guetti, who was 15.

In both cases, police investigators say the drivers were not drunk, high on drugs, driving distracted or speeding and, therefore, not criminally responsible for the deaths.

“In conclusion, although a tragic situation, there are no criminal charges related to this crash,” Police Lt. Joseph Caputy said in his report on the accident that killed Carmella.

Town police had not previously released the police reports produced following investigations into the May 27 incident that left Carmella dead and the July 23 accident that killed Luke.

Tonawanda police in August rejected The News’ FOIL request for the reports and video footage of the two incidents, citing in both denials the “substantial” privacy concerns of the deceased children and their families.

The News appealed the denial, arguing that case law shows the town must, instead of issuing a “blanket denial” of the requests, make narrower decisions about what information is releasable and what can lawfully be withheld under the FOIL privacy exemption.

On Thursday, Town Attorney Michael Kooshoian replied that the town would continue to deny access to police bodycam video, but would release redacted copies of the police investigative reports.

The reports black out the names of both victims and both drivers, even though police previously released their identities in news releases, along with witness names and other information.

“The redacted reports reflect a balancing of the competing interests of the public’s right to know and the right to privacy of those involved,” Kooshoian wrote.

Carmella Lopez crash

This accident happened about 7:50 p.m. May 27 on Canterbury Lane, which runs between Delaware and Elmwood avenues north of Sheridan Drive in the town.

Police previously reported a man driving a Ford Transit Connect van struck and killed Carmella, a kindergarten student at Hoover Elementary School, after she ran into the street.

The police report shows investigators questioned a child who had been playing with Carmella shortly before the accident on the south side of the street. The child told police Carmella had needed to go home on the other, north side of the street. About two minutes later, her friend said, Carmella started to dash back across when, as she entered the street, the westbound van hit her.

The child told police she went into the road to check on Carmella before she ran back home to tell her family what had happened.

The driver of the van, 84-year-old Charles Voit, continued on his way a short distance before he turned around and pulled over.

He later told investigators he was traveling slowly, no more than 25 mph on a street with a 30-mph speed limit, because of vehicles parked on both sides of the street and because the setting sun was shining in his eyes.

Voit said he never saw Carmella before he heard the bump telling him he had struck something.

“He was visibly upset and shaken by what had transpired,” Detective Brian Ienco wrote.

Voit said he wasn’t on any medication that would impair his ability to drive and detectives reported they found no indication Voit had been drinking.

He did not have a cellphone with him. The driver’s side sun visor was down at the time and investigators reconstructing the crash found a strong glare from the sun on a later day at the same time of evening.

More significantly, Carmella ran out in front of a Ford Explorer SUV that would have blocked any view of her until she was clear into the road, investigators found, and the height of Voit’s van also made it difficult to see her until it was too late.

It was also garbage night on the street and many homeowners had put out their totes, adding further visual obstructions, Caputy reported.

He estimated, based on Carmella’s height, the width and height of the Ford SUV she passed in front of and the height of Voit’s own van, that Voit would have seen just the top six inches of her head for less than half a second before he struck her. It would have been impossible to brake in time, Caputy wrote.

“There is nothing that Mr. [Voit] could have done to avoid JV1 once she emerged from in front of the Ford Explorer,” he wrote, using the abbreviation for Juvenile Victim 1. “It is also reasonable that, due to the height of JV1 and the van, he never would have seen her in the moments leading up to impact, at impact or after she fell to the ground.”

Luke Guetti incident

Police had previously provided basic information, but few details about the crash that killed Luke, an event that prompted cries for safety improvements on roads in the neighborhood and elsewhere in the town.

It happened about 8:20 p.m. July 23 at Woodstock Avenue and Yorkshire Road, in Tonawanda’s Green Acres section.

The police report released Thursday shows Michael A. Metzger, 44, was driving a pickup truck north on Woodstock when, he told police, the 15-year-old just “appeared” in front of him.

Luke, a rising sophom*ore at Kenmore East High School, was riding a motorized bicycle east on Yorkshire. He rode through a stop sign and into the intersection, where he was hit by Metzger, who had the right of way and no stop sign.

Luke also was improperly riding against traffic, eastbound in the westbound driving lane, instead of with traffic.

Metzger stopped immediately after hitting Luke, who was thrown from his motorized bicycle. The bike was caught under the front of the truck as it leaked fluid.

A helmet was found nearby in the roadway, but, police reported, it is not known whether Luke was wearing it.

Metzger, responding officers said, appeared “extremely concerned” about Luke’s condition.

Metzger submitted to a roadside breath test that revealed no sign of alcohol use. And he agreed to a search of his phone, which showed no texts or calls at the time of the crash.

Investigators don’t believe speed was a factor in the crash. Metzger was calculated to be traveling no more than 31 mph in on the 30-mph road. A speedometer app showed Luke was last recorded riding at 18 mph, though it is not known how far before the crash he reached that speed.

This vehicle, based on its classification as a class B limited use motorcycle/moped, requires a valid license, registration and insurance for use on a public roadway. “None of these requirements were met,” Officer Jeremiah Walsh-Steines wrote in his report.

The motorized bike had rear brakes, but no front brakes, and there is no indication Luke tried to stop before entering the intersection, police reported.

“Although tragic, the riding actions of (Luke) directly contributed to this crash,” Walsh-Steines wrote. Metzger “did not see (Luke) prior to the impact and did not have an opportunity to prevent the crash.”