Conviction In DWI Crash That Permanently Injured 5-year Old Child

DELHI – Delaware County District Attorney Shawn J. Smith announced today that on July 14, 2026, James J. Campbell III, 36, of Margaretville, NY, pleaded guilty in Delaware County Court to several charges stemming from a vehicle crash on Bragg Hollow Road. in Margaretville on April 2. 

On April 2, 2026, at around 3:47 p.m., the New York State Police arrived at Bragg Hollow Road to investigate a one-car motor vehicle accident. The investigation revealed that the vehicle driven by James Campbell III had left the roadway and struck a tree. First responders detected an odor of alcohol coming from the breath of Campbell.

Campbell and two young children were removed from the vehicle and transported by ambulance to the emergency room at Margaretville Hospital. One child was found to have a fractured spine and internal bleeding. That child was transported to Albany Medical Center in Albany after being stabilized at the Margaretville Hospital. The defendant refused to provide a sample of his breath or blood to the New York State Police investigators. BCI Investigator Adam Cernauskas worked swiftly to obtain a search warrant from the Delaware County Court Judge and thereafter obtained a sample of the defendant’s blood which was sent to the New York State Police Lab for testing. Subsequent blood test results indicated that the defendant’s blood alcohol level was over .26 percent.

The defendant appeared in Delaware County Court on July 14, 2026, and pleaded guilty to Aggravated Driving While Intoxicated, a Class E Felony. Prior to pleading guilty, the defendant admitted that he was driving his vehicle on a public highway with a child less than 15 years old as a passenger. The defendant admitted that he was intoxicated, to such a degree that he could not operate his vehicle in a safe manner. The defendant stated that he was intoxicated by liquor and acknowledged the test results showed he had a .26 percent alcohol content in his blood.  

The defendant also pleaded guilty to Vehicular Assault in the First Degree, a Class D Felony. Prior to pleading guilty the defendant admitted that as a result of his intoxication, he crashed the vehicle he was driving. The defendant further admitted that he caused serious physical injury to his 5-year-old child as a result of the crash. 

After pleading guilty, the case was adjourned until September 8, 2026, for sentencing. The defendant was remanded to the Delaware County Correctional Facility pending sentencing. It is agreed that the defendant will be sentenced to the legal maximum state prison term. The maximum sentence for Vehicular Assault in the First Degree is 2 and 1/3 to 7 years in state prison. The maximum sentence for Aggravated DWI with a child in the vehicle is 1 and 1/3 to 4 years in state prison. By law, those sentences must run concurrently. 

District Attorney Smith thanked Investigator Adam Cernauskas and Trooper Siobhan Carey for their thorough investigation into this reckless crash. Smith also thanked the medical providers at the Margaretville Hospital for the treatment they provided to the child victims, and the Delaware County Department of Social Services for their collaboration on this case. 

Smith stated, “This is a tragic case that has left an innocent 5-year-old child severely injured. That child will suffer for the rest of his life, all because this defendant chose to recklessly operate a motor vehicle in a highly intoxicated condition. There is no excuse for impaired driving. As seen here, the consequences are horrifying. My office is committed to working with law enforcement to ensure that every impaired driver is held accountable and removed from our roadways.” 

Indictments and Criminal Complaints are allegations. All defendants are presumed innocent until proven guilty. 

Shawn J. Smith 

District Attorney 

Delaware County