“It is important actuality to apprehend that Brian did do the appropriate thing. He went to the belt as anon as he was physically able to do so,” said his attorney, Matthew S. Zuntag, account from a able account on the accomplish of Stapleton Criminal Court during a columnist appointment bygone morning.

Police say McGurk, 40, fatally addled 58-year-old Clara Almazo on Cary Avenue the night of April 5, again larboard the scene, surrendering to authorities aboriginal the abutting morning. Mrs. Almazo’s burial took abode Tuesday.

McGurk stood silently alongside Zuntag, amidst by accompany and family. His continued bristles had been baldheaded clean, and he wore a pinstriped clothing with a tie.

“Indeed, Mrs. Almazo’s afterlife is not the affair actuality — it is whether or not Brian appear this blow in a reasonable manner,” Zuntag said. “Whether Brian chock-full his car or not, Mrs. Almazo would accept died.”

After account the statement, neither Zuntag nor McGurk answered any questions, including a reporter’s appeal for addition on the byword “physically able to do so.”

McGurk, who is out on $50,000 bail, saw his Stapleton Criminal Court case adjourned until June 14, as he awaits activity by a admirable jury.

He faces a abomination allegation of abrogation the arena of a baleful accident, which carries a best seven-year bastille book if he’s bedevilled at trial.

McGurk did not abide to a claret booze analysis afterwards surrendering himself to authorities, said a law administration antecedent accustomed with the case.

Even so, the antecedent said, such a analysis wouldn’t necessarily prove whether a arrest doubtable who had been gone for several hours had imbibed afore or afterwards the accident.

Last night, the Rev. Terry Troia relayed a account from Mrs. Almazo’s ancestors in acknowledgment to Zuntag’s statement:

“ Our mother was not the alone victim. Her 8-year-old grandson was additionally afflicted and larboard at the ancillary of the road. We don’t apperceive if added crimes were committed.

“ We delay for the abounding analysis of the commune attorney. We adjure that God be with us in our grief. May God additionally be with Mr. McGurk.”

Zuntag said McGurk and his ancestors are “sorrowful and regretful” for Mrs. Almazo’s death. “However, we are allurement the media not to aggravate this bearings any further,” he said.

Zuntag added, “First, my applicant did not about-face himself in to the belt with an attorney. In what we feel was a reasonable time beneath the affairs my applicant appeared at the belt to address that he had some affectionate of blow with his car. Furthermore, it was beneath than three hours, as the media has been reporting.”

Mrs. Almazo pushed her grandson, Brian Herrera-Ramirez, out of crisis afore McGurk’s SUV hit her. On Tuesday, Cardinal Timothy Dolan catholic to Staten Island to barrage her as a hero at her funeral.

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