Jury finds Mark Scerbo guilty of manslaughter; acquitted of most serious charges

Posted at: 06/04/2013 8:11 AM
Updated at: 06/04/2013 9:28 PM
By: Amanda Ciavarri

A verdict in the case against a man on trial for the death of a Fairport teacher. The family of Heather Boyum finally has some closure.

A jury has found Mark Scerbo guilty of second-degree manslaughter. He was also found guilty of aggravated DWI, DWI and reckless driving in Boyum's death. But on the most serious charges, which were aggravated vehicular homicide and vehicular manslaughter, Scerbo was acquitted.

 Scerbo was driving drunk on his motorcycle on Route 250 in Penfield last July when he hit Boyum.

The prosecution says they are pleased with the verdict. Outside of court, the assistant district attorney Ray Benitez explained why he thinks the jury came back with a not guilty verdict on the most serious charge, aggravated vehicular homicide. The jury asked a number of questions about the charge during their 11 hour deliberation. The prosecution says it seems they were hung up on the fact that in order to be guilty of that charge, the defendant's intoxication has to be a direct cause of someone else's death.

By the charges the jury found Mark Scerbo guilty of, it would seem the jury felt his reckless actions caused her death. But the prosecution says they are pleased.

 News10NBC spoke with Boyum's husband. He says Heather's friends and family are disappointed with the verdict. He says Scerbo has four past DWI convictions and even spent time in state prison. In Eric Boyum's eyes, Scerbo didn't learn.

The other driver, Meagan Merkel, was found not guilty of manslaughter and vehicular manslaughter Monday. She was convicted of DWAI, driving without a license and inadequate brakes.