The Northwestern District Attorney's Office issued the following statement by First Assistant District Attorney Steven E. Gagne today:
"As previously announced, the Massachusetts State Police Detectives Unit assigned to the Northwestern District Attorney's Office has cited Matthew Kostanski, age 23 of Greenfield, with negligent motor vehicle homicide in connection with the Sept. 11, 2011 death of Emily Weston, 18, following a collision on Route 116 in Sunderland.
The State Police have filed an application for a criminal complaint in the Greenfield District Court.
"As Kostanski's parents own and operate Kostanski Funeral Homes, Inc., a business which brings them into regular contact with local law enforcement agencies, the Regional Administrative Judge for Western Massachusetts, Honorable Maureen E. Walsh, has ordered Kostanski's criminal case be transferred to the Holyoke District Court in order to avoid any appearance of impropriety or potential conflict of interest.
"For those same reasons, Northwestern District Attorney David E. Sullivan has requested that the Hampden District Attorney's Office assign a special prosecutor to handle the case.
"Attorney Jack D. Curtis of Greenfield has entered an appearance on behalf of Kostanski.
"A date has not yet been scheduled for a show-cause hearing, at which a clerk magistrate will review the evidence and determine whether probable cause exists to issue a criminal complaint against Kostanski.
"Witness statements and physical evidence from the roadway show that Mr. Kostanski’s southbound vehicle crossed over into the northbound lane of travel, where it collided with Weston’s vehicle.
"The investigation into the full circumstances and causes of the collision continues, but at this point there is no indication that drugs or alcohol contributed to the crash."
Contact: Mary.Carey@state.ma,us, (413)588-4274