Attorney explains 'depraved indifference' theory used to charge Anthony Saccone with murder

SYRACUSE (WSYR-TV) - Syracuse attorney Michael Vavonese is not involved in the case against Anthony Saccone, but we asked him to use his legal expertise to review the murder charges against the 30-year-old.

On Monday, Saccone was charged with three counts of second-degree murder stemming from the crash that killed three OCC students in February.

18-year-old Michael Walker, 19-year-old Baylie Rose and 20-year-old Samra Osmanovic were killed when their car was allegedly hit by Saccone, who's accused of being drunk after a night of partying.

The crash happened at the intersection of Onondaga Boulevard and Onondaga Road in the Town of Onondaga. 

The indictment claims Saccone had "depraved indifference" when he sped up to 86 miles per hour toward a red light into the intersection where the crash happened. 

The speed limit in the area is 35 mph. 

Vavonese explains:

"It means that you're aware of a circumstance and you just disregard it completely, and you rise to such a level that you don't care about human life, that you know there's that unjustifiable gross deviation of where what you're doing could cause death."

On Monday, District Attorney Bill Fitzpatrick said murder charges in drunk driving crashes have led to convictions in other counties in New York State, specifically naming Albany and Nassau Counties.

Saccone is due back in court on May 1.

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