Rockland County District Attorney Thomas P. Zugibe today announced that Kelly McElroy (DOB 01/04/78) of 17 Cedar Flats Road, Stony Point, New York was sentenced to one to three years in state prison on her guilty plea to:

• One count of Vehicular Manslaughter in the Second Degree, a class “D” Felony relating to the death of her husband.

In addition, McElroy was sentenced to three years probation on her guilty plea to one count of Driving While Intoxicated, a class “A” Misdemeanor.

The sentences will be served consecutively.

On January 24, 2010, at approximately 1:15 a.m., the defendant struck her husband, Glenn McElroy, (DOB 02/13/83) with the couple’s 2008 white Toyota Camry after the victim exited the car in the midst of a heated argument.

Emergency responders found Glenn McElroy unconscious by the car at Walnut and Prospect Streets in Stony Point. He suffered severe head injuries and died January 30, 2010 at Nyack Hospital when he was removed from life support.

An investigation by Stony Point police revealed the couple left the Fireside Steak Pub on Route 9W moments before the incident. Kelly McElroy had a blood-alcohol level of 0.16 percent, double the legal limit in New York State.

McElroy was charged on a felony complaint and waived her right to go before a Grand Jury, consenting to be prosecuted under a Superior Court Information.

After today’s sentencing, District Attorney Zugibe said, “This tragic case has devastated two families. Based upon the evidence established through an exhaustive investigation, we believe that the ends of justice have been served. We are satisfied with the felony conviction and sentence imposed in this matter.”

The plea agreement in this case was reached in October after a thorough examination of the evidence by several nationally recognized experts, including biomechanical engineering consultant Dr. Leon Kazarian of Wright State University and Richard Hermance, President of Collision Research Ltd., a respected accident reconstruction firm providing traffic reconstruction analysis and testimony. Kazarian was one of the experts involved in reconstructing the NASA Space Shuttle Challenger explosion in 1986.

The exhaustive reconstruction of the January, 2010 incident found that Glenn McElroy’s injuries were consistent with a low-speed collision with the car. Evidence collected at the scene and from the vehicle revealed that the victim’s leg had been caught in the wheel well, causing him to fall and strike his head on the street. Dr. Kazarian determined the death could not be proved as deliberate.

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