A state appeals court has upheld the conviction of Nauman Hussain, the limo operator convicted of manslaughter in the 2018 Schoharie limo crash that killed 20 people.
Hussain was sentenced to 5 to 15 years in prison for allowing the Ford Excursion stretch limousine to remain on the road, even though the brakes needed to be redone, and the vehicle was not properly inspected. The vehicle crashed at the bottom of a hill in October 2018 and crashed, killing the driver, 17 passengers and two pedestrians.
Hussain, who was the operator of Prestige Limo, was challenging his conviction on several grounds – that the sentence was not supported by the weight of the evidence, was excessive and he had ineffective counsel.
The court rejected all of those arguments. They said that Hussain was informed multiple times that the brakes were deficient. Testimony at trial revealed that Hussain told Mavis to perform only minimal repairs to get the vehicle back on the road. He was told that they were only temporary or partial fixes, and the braking system would fail eventually.
The justices of the Appellate Division, Third Judicial Department wrote that the proof submitted a trial was sufficient for the jury to conclude that Hussain was “aware of and consciously disregarded the state of disrepair of the limousine’s braking system – including by avoiding proper inspection, neglecting appropriate maintenance and affirmatively rejecting necessary repairs.”
Hussain also argued that he was given insufficient time to decide whether to withdraw his initial guilty plea. In September 2021, he pleaded guilty in exchange for a likely sentence of interim probation. However, the judge who accepted the plea retired. In August 2022, the new judge rejected that recommendation and planned to sentence him to the maximum term of 1 1/3 to 4 years.
Hussain was only given 20 minutes to decide whether to withdraw the plea. The justices said that he should have been given a longer period. However, it said “we do not conclude that this abuse necessitates reversal.” Hussain was not deprived of effective counsel.
On the last point, the justices did not believe the sentence was excessive.
“Although we are cognizant of defendant’s limited criminal history and his general compliance with probation, the underlying tragedy cannot be discounted. Twenty people lost their lives because defendant did not want to inspect, maintain or repair the subject limousine. The sentence imposed is not unduly harsh or severe but instead reflects the grievous harm caused by defendant’s recklessness and his callousness.”
Hussain is battling Stage 4 lung cancer and is being housed at Attica Correctional Facility.
Hussain’s attorney, Steven Sharp, said he respects the court’s decision, but disagrees with he conclusion.
“The Third Department agrees the court abused its discretion in only affording Nauman 20 minutes to consider the enhanced sentence sprung on him at the last minute. Unfortunately, today’s decision means there is no remedy for such an abuse.”
He plans to appeal to the Court of Appeals.
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