LITTLE VALLEY — Motions were heard in Cattaraugus County Court on Feb. 5 in the triple-murder case against a Freedom man accused of deliberately ramming his sister’s car in the town of Freedom June 17, killing her and two children.
Evan R. Klink, 22, has pleaded not guilty to a multi-count indictment charging him with one count of second-degree murder with depraved indifference, two counts of murder with depraved indifference, all A felonies; and one count each of first-degree vehicular homicide, a C felony, and first-degree vehicular assault, a D felony; two misdemeanors, first-degree reckless driving and operating a motor vehicle under the influence of drugs; and failure to keep right on a two-lane road.
State police troopers said Klink was westbound on Freedom Road in a 2007 Ram pickup truck about noon on June 20 when he crossed the centerline and struck an eastbound 2005 Ford Focus driven by his sister, Dahlia J. Klink, 24, also of Freedom.
Two children, Havanah S. Lopez, 17, of Java, and 6-year-old Molly Kibler of Freedom were pronounced dead at the scene. Dahlia Klink died from injuries sustained in the collision after being airlifted to Erie County Medical Center.
A 19-year-old passenger in the truck and a 4-year-old in the car were also airlifted to Buffalo hospitals for treatment.
Klink’s attorney, James R. Maloney, asked for dismissal of the indictment after a review of the grand jury minutes in an omnibus motion before Judge Ronald D. Ploetz, and that certain statements made by Klink after his arrest should not be considered, which District Attorney Lori Pettit Rieman argued against.
Ploetz set a Huntley hearing for April 8 at 1:30 p.m.
A Huntley hearing is designed to help the judge decide whether to prohibit the prosecution from using statements made by the defendant at the time of his arrest at a trial.
IN OTHER NEWS, a Buffalo man, James Kenner, 20, was sentenced as a predicate felon in Cattaraugus County Court to 1½ to three years in state prison.
Judge Ronald D. Ploetz sentenced Kenner for his conviction of attempted third-degree burglary.
District Attorney Pettit Rieman said the incident occurred on Nov. 9, 2022, in the town of Yorkshire when the defendant entered or remained in a building, with intent to commit a crime therein, stole property and recklessly engaged in conduct that created a grave risk of death to another person.
In another case, Michelle Booth Garland, 53, of Salamanca, was sentenced to three years’ probation for her conviction of petit larceny. Rieman said the incident occurred between March and July 2022 in the city of Salamanca.
Tyren Ginner, 25, of Olean, pleaded guilty to two counts of third-degree rape.
Rieman said the incidents occurred on Aug. 27 and Sept. 25, 2022, in the city of Olean when the defendant engaged in sexual contact with a person younger than age 17. Sentencing is scheduled for April 29.
Donna M. Beaudry, 40, of Machias, pleaded guilty to endangering the welfare of an incompetent person.
The district attorney said the case stems from incidents between July 2022 and March 2023 in the town of Machias, when the defendant knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself or herself because of a disability. Sentencing is scheduled for April 15.
