Published: November 12, 2009 02:50 am      

CITY OF LOCKPORT: Police say empty beer cans found in car involved in fatal crash

Police say half a dozen beer cans were found in the vehicle involved in Monday night’s fatal car accident at the corner of Vine and Garden streets.

Capt. Michael F. Niethe said the vehicle belonged to a family member of George E. Davis, 42, who was pronounced dead at the scene.

“There was some empty beer cans,” Niethe said, adding he cannot confirm if alcohol led to the accident. “It will take a few more weeks to determine the cause of the crash.”

Results of an autopsy will not be done for another six weeks, Chief Larry Eggert said.

“We think speed is a cause, but are waiting on results from the Niagara County Sheriff’s Office,” he said. They are helping Lockport police determine the cause by recreating the crash site as best they can, Chief Deputy Steven Preisch said.

Duane J. Whalen, 51, the second victim, was still listed in serious condition at Erie County Medical Center Wednesday. He was taken by Mercy Flight from the crash scene in critical condition.

Both Davis and Whalen have a sticky record with law enforcement, Niethe said. Records from Lockport since 1997 show Davis has been arrested on 30 charges, including several driving while intoxicated and resisting arrests. Whalen, on the other hand, has been arrested on three charges including third-degree assault and second-degree criminal trespassing in 2004, according to police records.

A police report indicates that in 2001, Davis was charged with leaving the scene of an incident and reckless driving, on the same night. Published reports said Davis had been sentenced in 2001 to a year in jail after leading police on a chase through city streets.

There was no additional information available Wednesday as to whether any of the other arrests for either man resulted in convictions, guilty pleas or jail time served.

On June 29, police reported responding to Grand Street after a caller said Davis hit her vehicle and left the scene. Upon arrival, police followed Davis by car, but the suspect failed to pull over once police flashed their lights, according to the report. “The suspect refused to stop and continued to proceed ... ” the report said. The pursuit ended when he was caught near the Erie Canal in the vicinity of Niagara Fiberboard. In the report, Capt. Jeff Brodsky said Davis had admitted to being “high” on crack cocaine and was arrested and charged with a felony DWI and DWAI-Drugs.

On Tuesday, Niethe and Eggert were in contact with Davis’ grieving family. “Both families were notified,” Niethe said. “It’s a real tragedy ... something I would never wish on anyone.”

An investigation will continue with help from the sheriff’s department and State Police, Niethe said.

Contact reporter Britney Milazzo at 439-9222, ext. 6251.