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Grand jury does not indict woman for fatal accident in DOT work site

FORESTPORT, N.Y. (WKTV) - A grand jury has chosen not to indict a woman accused of striking and killing a DOT worker on any criminal charges.

According to Oneida County Sheriff's Deputies, Gary L. Farrell, 48, of Holland Patent was working the morning of November 2, 2009 as a flag person at a DOT work site on Route 28 in Forestport when he was struck and killed by a passing GMC Pickup truck being by Patricia A. Evans, 64, of Alder Creek.

Farrell was attended to at the scene by members of the Forestport Fire Dept and the Prospect Volunteer Ambulance, but they were unable to revive him. Evans was not injured in the crash.

This week, a grand jury chose not to indict Evans on any criminal charges and determined that there was no alcohol involved, her attorney Mark Wolber said.

According to Wolber, the woman had a medical condition which was documented by the District Attorney's Office, citing a blockage of a carotid artery. Wolber said the condition can cause temporary blackouts and loss of consciousness.

"it was just an unavoidable accident," Wolber said.
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