It was a bright, clear, August Sunday afternoon, the perfect day for motorcycle rider James Eatherly and his wife/passenger Tammy Eatherly to be out on the roads in Sodus.
Unfortunately, the operator of a southbound Route 14 pick-up truck, Thomas Barto, age 59, of Ridge Road in the Town of Ontario, failed to keep right and drifted into the northbound lane, striking the motorcycle head-on. Both James and Tammy Eatherly were pronounced dead at the scene.
Barto claimed he blacked out prior to the accident. At the time he was charged with Unlawful Possession of Marijuana. Blood was drawn and sent to the lab in Albany. Following the results of the amount of marijuana found in the blood, the case was presented to a Wayne County Grand Jury.
Following a decision by a Wayne County Grand Jury on Wednesday (3/23) Barto was indicted for seven counts including:
1. Vehicular Manslaughter in the 1st Degree for operating a motor vehicle Impaired by Drugs that caused the death of more than one person
2. Criminally Negligent Homicide in the death of Tammy Eatherly
3. Criminally Negligent Homicide in the death of James Eatherly
4. Unlawful Possession of Marijuana
5. Driving While Ability Impaired
By Drugs
6. Driving on the Right Side of the Roadway
7. Driving on Roadway Laned for
Traffic
Barto was picked up by State Police on Thursday (3/24) and arraigned in Sodus Town Court and remanded to jail on $5,000 cash/$10,000 bond.
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