After inspecting the Grand Jury minutes, the Court finds that the evidence before the Grand Jury was legally sufficient in all respects to establish each count and that the instructions to the Grand Jury were proper. Specifically, with respect to the three manslaughter and three criminally negligent homicide counts, the evidence established sufficiently that, on October 31, 2015, defendant was the driver of a Black Dodge Charger that struck and killed three pedestrians. The evidence further established sufficiently that at the time defendant's car struck the three individuals, defendant had suffered a seizure and he had failed to take his prescribed medication earlier that day. Thus, the court is satisfied that the evidence sufficiently established that defendant's actions and inactions caused the death of the three pedestrians inasmuch as it was reasonably forseeable that defendant's actions and inactions — driving a car having failed to take his prescribed epilepsy medication — would result in the death of the three pedestrians. See People v. Kibbe, 35 NY2d 407, 412 (1974); People v. Emilio Garcia, Ind. No. 2665/16, decision denying defendant's motion to dismiss indictment dated January 21, 2016 (Bronx cabdriver failed to take medication, had seizure, and struck and killed two pedestrians).

Moreover, the court is satisfied that the evidence established sufficiently the requisite mens rea requirements of recklessness and negligence. In this regard, the evidence established that in 2011 defendant had a prior car accident in which he was treated for injuries and for an epileptic seizure and that he had failed to take his seizure medication on the date of the incident. This evidence established sufficiently that defendant was aware of and consciously disregarded a substantial and unjustifiable risk that grievous harm would result from his actions. See Penal Law § 15.05(3); People v. Scarlett, 132 AD2d 473 (1st Dept. 2015)(in affirming manslaughter conviction where defendant failed to take his prescribed medication and had an epileptic seizure while driving a commercial sanitation truck, killing two people and seriously injuring another, [*2]court found defendant's actions didn't rise to depraved indifference, but were "unquestionably deplorable and reckless"); People v. Gonzalez, 2017 WL 1162169 (Cal. Super. Ct. Third District 2017)(in affirming murder and manslaughter conviction where driver had epileptic seizure and lost consciousness, killing one person and seriously injuring another, court found admissible evidence of defendant's history of previous car accidents to demonstrate defendant's awareness of his unfit condition and that he was sensitized to the dangerousness of his conduct).

This is the decision and order of the Court.