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Father of victim in multi-fatal 2018 upstate limousine crash "elated" over judge's rejection of lenient plea deal

Families of Schoharie limo crash victims preparing for possible trial
Families of Schoharie limo crash victims preparing for possible trial 02:13

NEW YORK -- The families of 20 people killed in an 2018 upstate limousine crash are now preparing for a possible trial.

The judge in the case shocked the courtroom Wednesday when he rejected a lenient plea deal for the limo company operator.

CBS2's Tony Aiello has reaction to the unexpected twist in this tragedy.

"Elated. We literally, when the judge said he wasn't going to accept it, we clapped," said Kevin Cushing, a father of one of the crash victims.

Cushing was in the upstate courtroom for the shocking twist.

State Supreme Court Justice Peter Lynch, who recently took over the case, rejected a plea deal for limo company operator Nauman Hussain, which offered probation, not prison.

Lynch called the deal "flawed and unacceptable," adding he was troubled by evidence that Hussain removed an "out of service" sticker from the limo before the accident.

"It has been hurtful. It has been frustrating. It has made us angry," Cushing said.

Cushing told Aiello the lack of jail time in the deal troubled all the families.

The National Transportation Safety Board ruled Prestige Limo showed "egregious disregard for safety" in allowing a modified stretch limo in "poor mechanical condition" to take 17 young people to a 30th birthday party.

The October 2018 high-speed crash in Schoharie killed Cushing's son, Patrick, and Patrick's girlfriend, Amanda Halse.

"They were joyful together. I mean, there's no other way to put it," Cushing said.

Lawyers for Hussain indicate the case will now go to trial, and they're prepared to highlight alleged failures by state agencies. The NTSB found New York had cause to shut Prestige Limo down, but failed to do so.

"Everybody in the world seems to be happy to point at the defendant and say, well, it was entirely his fault when all the proof points in the exact opposite direction, says 'You know what? Other people are to blame for this,'" attorney Lee Kindlon said.

"We know darn well that a criminal trial potentially starting in December is going to be difficult for us. Mentally, physically, it's going to be taxing," Cushing said.

Cushing said the road to justice has been a long one for the families, but they're determined to see it through.

The judge did indicate he believes this is a case of manslaughter, not negligent homicide. The defense did reject his offer of one-to-four years in prison.

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