KENDALL, NY — An Orleans County man is accused of running generator directly beneath the bedroom of a mother and son who died as result of his actions, according to the Sheriff's Office.
Joan Gilman, 38, and her son Richard Gilman, 14, were found dead in their home on April 18.
David A. Wiley Jr, 39, has been charged with two counts of criminally negligent homicide and two counts of first-degree reckless endangerment.
According to deputies, Wiley was the “care taker” for the owner of the duplex located at 2245 Center Road and resided in apartment “A”. The electrical power bills for each apartment were allegedly in Wiley’s name.
When National Grid shut off the power, Wiley allegedly ran a generator in a closed garage directly beneath the bedroom of the victims for more than 17 hours between April 16 and April 18, according to deputies.
An autopsy done by the Monroe County Medical Examiners found that both victims had extremely high levels of carbon monoxide in their system. The cause of death was determined to be “inhalation of products of combustion”.
"As a result of the Sheriff’s Office investigation, it was found that Wiley allegedly engaged in conduct which created a grave risk of death to another person and he failed to perceive the substantial and unjustifiable risk that would result," the Sheriff's Office said in a press release. "This action was a gross deviation from what would be that of an ordinary prudent person in the same circumstance as to be incompatible with proper regard for human life."
Wiley was arraigned in the Town of Albion Court and remanded to the custody of the Sheriff on $2500.00 bail.
Wiley is scheduled to return to the Town of Kendall Court on May 7 at 5:30 pm.