The driver of the Ford Escape, Anthony D. DeBerry, 50, of the 300 block of West Fourth Street, has been charged with a felony count of aggravated assault by vehicle while DUI and two misdemeanor counts of drunken driving. Police say Mr. DeBerry failed three field sobriety tests and also failed a breathalyzer test, although the numbers of the breathalyzer test have not been released.
Mr. Gavin was taken to Hamot Medical Center where he was listed in critical condition Monday. Mr. DeBerry was arraigned before a magistrate district court and placed in the Erie County Prison, where he remained as of Monday.
The details of the accident are not yet clear. Some early reports suggest that Mr. Gavin was lying in the street at the time he was run over. This information does not appear to be well-developed, however, and so there may be other conflicting or explanatory information available.
Our thoughts are with Mr. Gavin and his family. We hope he makes a rapid and complete recovery and is soon home.
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