Man Convicted of Two Counts of Negligent Homicide Permitted to Join Adult Treatment Court Despite DAs Objection

DELHI  – On January 15, 2025, Michael Beilby, of East Meredith, was resentenced for violating the terms of his felony probation supervision. On September 25, 2020, Michael Beilby killed two individuals in a motor vehicle crash. It was alleged that the defendant was driving while using drugs and using his cell phone. On May 15, 2023, Beilby pleaded guilty to two counts of Criminally Negligent Homicide and admitted to killing the two individuals. The Honorable Gary A. Rosa, Acting County Court Judge, sentenced him to a split sentence of six months incarceration in the local jail, to be followed by five years of probation supervision. The probation terms and conditions specifically required that the defendant not use any illegal drugs or alcohol and required that he engage in substance abuse treatment. 

On October 16, 2024, the Delaware County Department of Probation filed a Petition alleging that Beilby had violated the terms of his probation supervision. Specifically, it was alleged that Beilby had continued to use cocaine and avoided mandatory drug treatment appointments. 

On January 15, 2025, Michael Beilby admitted to those allegations. After entering the admission, defense counsel for Beilby argued that he should be referred to the Delaware County Adult Treatment Court Program. Defense counsel argued that treatment was the appropriate action because the defendant used drugs.  

The District Attorney’s Office vehemently opposed that request and argued that the defendant be sentenced to the maximum term of state prison because Beilby had shown no remorse and had refused to change the behavior that previously resulted in the deaths of two individuals. ADA Schuyler Kinneman noted that Beilby had already been given leniency by the Court when he was sentenced to probation instead of state prison.  The District Attorney’s Office further argued that continuing this defendant on probation and transferring him into Adult Treatment Court would provide no deterrent for Beilby to change his actions. Instead, it would remove all accountability, and the defendant (along with others) would be incentivized to continue violating the law.  The ADA noted the families of the deceased victims were present in Court and strongly objected to Beilby being given yet another chance to avoid a state prison sentence. ADA Kinneman argued, “If killing two individuals isn’t the breaking point that makes you achieve sobriety, I don’t know what is.”

Judge Gary A. Rosa, Acting Delaware County Court Judge, sided with the defendant, and ordered that Beilby be returned to probation supervision and start attending sessions of the Adult Treatment Court. Judge Rosa noted the objections of the District Attorney and the deceased victim’s family but opined that a state prison sentence would not do anything to help Beilby.  

District Attorney Shawn Smith stated, “This is a sad and disappointing outcome. Michael Beilby was already given the opportunity to achieve sobriety, despite killing two members of our community in a horrific motor vehicle crash. I can understand giving drug addicts a second chance, but at some point, defendants need to be held accountable for the decisions they make, especially when those decisions cause the death of innocent victims. Permitting a defendant who killed two innocent people into Drug Court is a prime example of why my office has withdrawn from the Drug Court Program.  I will continue to fight for public safety and to hold criminal defendants accountable for the choices they make.” 

DA Smith continued, “My deepest sympathies are with the family members of Michael Beilby’s victims.”