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Guilty Verdict in Deadly Hit and Run Trial

HONESDALE — Guilty on all counts is the verdict in a deadly hit and run in Wayne County. A jury found there was enough evidence to prove the driver was dr...

HONESDALE -- Guilty on all counts is the verdict in a deadly hit and run in Wayne County. A jury found there was enough evidence to prove the driver was drunk when he hit and killed his own cousin almost exactly 1 year ago.

Following a three-day trial, Jason Day was led away in handcuffs after the jury came back with guilty verdicts on all counts including homicide by vehicle while DUI.

Day was taken to jail after a trial in Wayne County court.  A jury found him guilty Wednesday afternoon on all counts related to a deadly hit and run crash last May near the New York state line.

Day's cousin, Zachary Possemato, 19, died after Day hit him with his pickup truck along Route 191 near Hancock, New York on May 16 last year.

Day did not stop. He kept going and went to state police 12 hours later saying he thought he hit a deer.

"We think about him every day, just to remember him how he was," said Possemato's sister Diana Santamaria.

Possemato's sister and parents said Zachary never had the chance to get started with a life. Day admitted he had been drinking with friends prior to the deadly collision last May. His attorney tried to make the case that troopers couldn't prove Day was drunk when he hit Possemato, his own cousin, with his white pickup truck.

But after deliberating for two hours, the jury came back with a guilty verdict.

"We are just so pleased the jury was able to take all the evidence into consideration and come to the most logical conclusion," added Possemato's sister.

"A guilty on all counts is a success for the victim's family and justice for the victim in this tragic incident," said Wayne County District Attorney Janine Edwards.

Day was surrounded by family throughout the trial, a family torn apart by the hit and run crash that took the life of one cousin and will likely mean Day will spend years behind bars.

"It's extremely difficult. Words can't even describe how difficult it is," said Santamaria.

The judge took away Day's bail. He's locked up facing sentencing as early as next month.

Prosecutors said he faces between three and 20 years behind bars.

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