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Man Charged In Fatal Accident Caused By Seizure

March 9, 1988

ALBANY, N.Y. (AP) _ A man has been charged with criminally negligent homicide after he allegedly suffered a seizure while driving and struck and killed a pedestrian.

Bevis B. Barker, 30, of Albany, pleaded innocent Tuesday to charges of criminally negligent homicide and offering a false instrument for filing. He was being held in lieu $25,000 bail.

Barker allegedly suffered an epileptic seizure and lost control of his car Dec. 7. The car struck and killed 85-year-old Christine Towle.

The seizure resulted from Barker’s failure to take medication, said Chief Assistant District Attorney Daniel Dwyer. Barker was on the way to a pharmacy to refill his prescription when the accident happened, according to his lawyer, Joseph Zumbo.

Dwyer noted that the state’s highest court, the Court of Appeals, has ruled that if someone knows they have a disabling disease and fails to take required medication to control it, ″they are responsible for their actions under the theory of criminal negligence.″

The false instrument charge alleges that Barker did not disclose that he has epilepsy when he applied for a driver’s license in 1986.