Man Charged with Manslaughter, DWI in East Branch, NY, Fire Chief's Death

A Downsville man has been criminally charged in the death of a firefighter.

A Delaware County Grand Jury has handed down an eight count indictment against Joseph Bellows Jr., 54, after he crashed his motor vehicle on state Route 30 in the town of Hancock on July 17, and East Branch Fire Department Assistant Chief Jason T. McGlone, 51, was killed when responding to the scene.

Delaware County District Attorney Shawn J. Smith said during a news conference Friday, Sept 5 at state police Troop C headquarters in Unadilla, that among the eight counts, Bellows was charged with second-degree vehicular manslaughter and second-degree manslaughter, Class C felonies. The charges claimed Bellows’ “reckless” actions caused McGlone’s death.

At Friday’s news conference, Troop C Commander Lucas Shuta offered a summary of what happened on the scene in July.

According to a July 18 state police news release, McGlone was responding to the scene where a vehicle had reportedly hit a utility pole on state Route 30 in the town of Hancock in a rescue pumper. A preliminary investigation found that a low-hanging electrical wire was in contact with the top of the fire truck.

When McGlone stepped out of the truck, making contact with the metal door and the ground, he was electrocuted. He was eventually pronounced dead.

The news release stated that Bellows collided with a guardrail and utility pole after veering off the roadway. The impact resulted in power lines becoming dislodged and falling around the scene, Shuta said Friday. Bellows was taken to Delaware Valley Hospital to be evaluated and receive treatment.

Bellows was later arrested and charged with driving while intoxicated.

Smith said Bellows was picked up Thursday, Sept. 4 on a sealed indictment arrest warrant and was arraigned Friday.

Count one, Smith said, alleged that Bellows was driving fastere than the provided speed limit at the time of the crash, and count two accused him of using his cellphone when the incident took place.

Count three alleged that Bellows was intoxicated while driving, an unclassified misdemeanor.

“There’s two DWI charges,” Smith said. “One is what we call commonlaw DWI which is just somebody who’s intoxicated and then there’s another DWI violation — a vehicle and traffic law section 1192 which has to do with per se, where the defendant’s blood alcohol content is alleged to be above .08, the legal limit.”

Smith said Bellows refused the initial test the state police wanted him to do to determine his blood alcohol content levels. Police obtained a search warrant and later determined his blood alcohol content. Smith added that a toxicology report alleged it was more than the legal limit.

Counts five and six both allege Bellows committed vehicular manslaughter.

“The reason why there’s two counts is that statute says if you cause the death of another person while you’re operating a vehicle in violation of any subdivision of 1192 then it’s vehicular manslaughter in the second degree,” Smith said. “Since there were two separate theories of DWI, there’s two separate theories of manslaughter.”

Count seven alleged that Bellows committed second-degree manslaughter, and count eight accused himt of committing fourth-degree criminal mischief, a misdemeanor, “by recklessly damaging the property of another in an amount exceeding $250,” according to a Friday news release from the DA’s office.

If convicted, Bellows faces between five and 15 years in state prison, an indeterminate sentence, but the judge could also decide on a shorter sentence, such as a term in local jail.

For vehicular manslaughter, Bellows is facing an indeterminate term of 2 1/3 years minimum to a seven-year maximum, Smith added.

“I really appreciate working with the state police on this case,” Smith said. “Any time there’s a homicide, it’s really difficult, no matter what they do, no matter what we do. We can never bring back the person that was lost, the family member. Working with this group of folks here, they’ve been really great. Anything we’ve ever needed, they are on it, and they help us every way they can.”