Charges against Franklin, who remains free in lieu of $5,000 bail, include manslaughter by motor vehicle, which carries a 5-year minimum mandatory sentence.
A makeshift memorial stands where Emily Savery was killed in a fiery car crash on Bates Road in Westfield.SPRINGFIELD – Jay P. Franklin pleaded not guilty Friday in Hampden Superior Court to three charges stemming from a Feb. 17 one-car Westfield crash that resulted in the death of 18-year-old Middlefield resident Emily Savery.
Franklin, 23, of Upton, denied charges of motor vehicle homicide by negligent operation while under the influence of alcohol; operating under the influence of liquor and “serious bodily injury and negligent;” manslaughter by motor vehicle.
Assistant District Attorney James M. Forsyth said both the first and third charge are for the death of Savery.
The second charge is for the injury sustained by another passenger, Randy Smith, 22, of Douglas.
The crash was reported shortly before 12:50 a.m. near 233 Bates Road. Savery was a senior at Gateway Regional High School.
Jay FranklinFranklin remains free in lieu of $5,000 cash bail he posted at his February arraignment in Westfield District Court.
Forsyth said a person could not be convicted of both the first and third charges.
The charge of motor vehicle homicide by negligent operation while under the influence of alcohol carries a one-year minimum mandatory sentence. A person could be convicted of this charge if found to be under the influence of alcohol and to be negligent or reckless, Forsyth said.
The charge of manslaughter by motor vehicle carries a five-year minimum mandatory sentence. Forsyth said a person would have to be found to have been reckless, not just negligent, to sustain a conviction under this charge.
Family members of Savery were in the courtroom with victim witness advocate Margo Piela; family members of Franklin were on the other side of the courtroom.