Investigation continues into deadly Route 33 crash and reported street racing

BUFFALO, N.Y. (WIVB) -- Investigators are continuing to look into last week's deadly crash on Route 33 in Buffalo. That includes reports of street racing around the time of the incident. JohnLuc Jubert of Buffalo was pronounced dead at ECMC after his vehicle was rear-ended on the Kensington Expressway at Locust Street late Thursday night. Buffalo Police said it's not believed Jubert was involved with the reported reckless activities. Interim Buffalo Police Commissioner Craig Macy said indications are that Jubert was an innocent motorist driving through. WIVB News 4 has been told the driver of the striking vehicle stayed on scene and spoke with investigators. When asked about the investigation, Macy said they have a lot of information, and he said police are working with the district attorney's office about possible charges. Macy said police have a pretty good understanding of those involved and what led up to the accident, and that the department will be very proactive moving forward in addressing speeding and reckless driving. "I typically try to go to at least two community meetings a week, and that is a common concern of residents -- speeding and reckless driving, whether it is on the 33, the 198, or in the neighborhoods," he said. "And it's been brought up through multiple different community meetings. And I hear them, and I acknowledge, and we're going to be pushing some vehicle and traffic enforcement." Macy said the number of people who may have been involved in the street racing is in the double digits. "It's a very difficult task to police when you have that many people, and we are very strict on our chase policy for multiple reasons, because we don't want to put the public at risk for this behavior," said Macy. "So we will be creative. We will use our partners, and we will do what we can." Macy is calling on the public to not drive recklessly and to report it when you see it. He said you'll see more enforcement, and will notify the public where that is happening. News 4 also spoke with former Erie County District Attorney John Flynn, who has no involvement in this case. "The DA's office and the Buffalo Police Department are no doubt in my mind clearly looking at this, trying to get some video, trying to get witnesses, trying to track down who the drivers that the drag racers were, and then hopefully they can get some video, or hopefully they get someone to talk," said Flynn. "And then if they get that, then they can make an arrest." "Again, you can't make an arrest here until you can prove beyond a reasonable doubt in a court of law," Flynn added. "You could have probable cause for an arrest and make an arrest, but the DA's office is gonna tell the police, 'Hey, probable cause is good for you to make an arrest. It's not good enough for me going to court because I've got to prove it beyond a reasonable doubt.' And that's a lot of times the sticking point." Buffalo Police said no arrest has been made at this point. Macy said police have video of the incident. Police are asking anyone with information to contact the department.