A New York State Appellate Court has reversed the earlier conviction of a Penfield man found guilty in connection with the 2012 crash that killed Fairport teacher Heather Boyum.
The 40 year old Boyum and a friend were cycling on the shoulder of Route 250 in Penfield when Boyum was struck by a motorcycle operated by Mark Scerbo, and then hit by a car driven by Megan Merkel.
Scerbo and Merkel were cleared of the top counts against them, but were convicted of other charges in 2013.
Scerbo was convicted of charges that included manslaughter, reckless driving and DWI, and Merkel was convicted of drunk driving.
Now, an appellate court has reversed Scerbo’s conviction, saying that he was wrongly denied the opportunity to challenge a juror he didn’t want to be seated on the jury.
Scerbo is currently serving a seven and a half to 15 years in prison sentence. Monroe County District Attorney Sandra
Doorley issued a statement saying that her office is “saddened by the impact of this decision on Heather Boyum and we are ready to retry the case and bring justice to Heather.”
