BUFFALO, N.Y. — The driver in Monday's deadly crash killing four teens, and putting another in the hospital, was arraigned in family court Friday.
The 16-year-old male from Buffalo has been charged with unauthorized use of a motor vehicle, a misdemeanor. He's also charged with criminal possession of stolen property, which is an E felony.
It's because of those charges and the state's bail reform laws that he's been released into his grandmother's custody.
"These are both nonqualifying offenses and the judge had no choice but to release him," Erie County District Attorney John Flynn said.
Flynn says right now this is the only evidence his office has, and they can only hold someone when it's above a D felony.
As part of the teen's release, he is under 24/7 supervision by a probation officer, he must wear an ankle monitor, attend school, and he has a 7:30 p.m. curfew.
The 16-year-old must also stay away from the only other survivor of that crash, a 14-year-old who is recovering in the hospital.
"I get that the optics are not good when I have four dead teenagers and this kid is out there playing video games right now. I recognize that, and I'm not happy about that," Flynn said.
Flynn says more charges will come but his team is still needs more time to investigate.
That includes looking at the Kia Sportage's damaged black box, speaking with the 14-year-old survivor, interviewing witnesses on the 33, trying to determine if alcohol or drugs were involved, and determining whether the teen was the one who stole the car.
It was last seen by its owner at the Marine Drive Apartments downtown by its owner around 8 p.m. Sunday.
"He was the only one who was in the car. All other five were ejected from the car. The surviving female passenger was sitting in the front passenger seat. The other four were all in the back," Flynn said.
The 16-year-old's next court date is set for Dec. 12. He will go before a grand jury.
Flynn anticipates that will be moved up.