Suspect in deadly Rochester crash appeared to be speeding toward pedestrians, police say, but motive is still unknown

CNN, WHAM

By Elizabeth Wolfe and Celina Tebor, CNN

(CNN) — The motive behind the fiery New Year crash outside a Rochester concert venue is still unclear but police say the suspect appeared to “intentionally” speed toward pedestrians with a car full of gas canisters before slamming into another car, killing two passengers and injuring several others.

The suspect, 35-year-old Michael Avery, died after the fiery crash, which occurred shortly after midnight Monday as people were streaming out of Rochester’s Kodak Center following a rock concert, according to police.

The crash ignited a fire that took about an hour to extinguish and left the scene littered with charred gas canisters, debris and the burned-out frame of Avery’s rental car, according to authorities and images of the aftermath.

Many questions remain for investigators, including whether Avery, who is from Syracuse, targeted the city or music venue, what motivated him and why he spent much of the previous day stockpiling gas into the car, authorities said.

“I have been getting inundated with questions as to why this individual would choose … Rochester, New York. Why he would choose to do this on New Year’s Day, and why he would appear to target concertgoers trying to have a great time to bring in the new year,” Rochester Mayor Malik Evans said in a news conference Tuesday. “Those are all questions that have been raised that we just don’t have answers to yet.”

So far, investigators have found no evidence that Avery was motivated by terrorism or “political or social biases,” Rochester Police Chief David M. Smith said Tuesday.

Still, domestic terrorism will continue to be considered as a possible motive, law enforcement sources told CNN.

The FBI’s Joint Terrorism Task Force has been involved in the investigation, which is “not abnormal in a case like this,” FBI agent Jeremy Bell said. Though no link to terrorism has been identified so far, the agency will continue to assist, he added.

Moments before the crash, Avery approached the venue in a rental car stacked with at least six canisters of gas and turned into oncoming traffic, seemingly headed toward a crosswalk of pedestrians, according to Smith. Instead, Avery collided with a rideshare car that was pulling out of a parking lot, sending the two vehicles through the crosswalk, he said.

The rideshare’s two passengers, Justina Hughes, 28, and Joshua Orr, 29, were killed, and the driver received non-life-threatening injuries, police said. Orr and Hughes were close friends that had attended the concert, their families said.

Nine pedestrians were also injured in the crash, including one with “life-altering injuries,” Smith said.

In their hunt for evidence, investigators have searched a hotel room rented by Avery and his personal vehicle, which was found in an airport parking lot, according to police. Nothing found in the car provided significant insight into the case, police said, though they did not elaborate on what was found in the hotel room.

Avery’s family has also been interviewed by police and indicated he may have had undiagnosed mental health issues, Smith said.

Authorities are urging anyone with additional information to contact investigators. Meantime, the mayor said, Rochester’s community is working to grapple with the tragedy.

“These folks were going to see a Grateful Dead tribute band and they were expecting to be able to bring in the New Year and have a good time,” Evans said. “Instead, we have individuals that are now going to be burying family members and we have people who have now life-altering injuries because of the choices that this suspect made.”

What investigators have found

Investigators have been able to trace Avery’s actions in the days leading up to the crash, when the suspect traveled to Rochester.

Avery drove to Rochester in his personal vehicle around December 27 and checked into a hotel just outside the city, according to police.

Two days later, he rented a Ford Expedition from a rental agency at the Rochester airport, Smith said Tuesday. Avery spent much of the day on December 30 making at least six purchases of gasoline and gas containers from various locations, authorities said.

Around 12:52 a.m. on New Year’s Day, Smith said, Avery was driving near the theater in the rented Ford SUV.

“At this time, Avery sped up, crossed into the oncoming lane of traffic and appears to have intentionally been driving towards the pedestrian crossing,” Smith said.

In the aftermath of the crash and fire, images from CNN affiliate WHAM show a heavily damaged and burned black SUV stopped head-on in front of another vehicle, with scorched red canisters and debris scattered along the road.

Families mourn two dear friends

The victims, Orr and Hughes, were honored by their families in statements as generous and loving friends who had hoped to ring in the new year together at the concert.

Orr’s family described him as a “beautiful, generous human, filled with love and positivity and an advocate for those struggling with mental health.”

He loved his family, girlfriend and dog, Eddie, they said.

Hughes’ family said Orr was her best friend and remembered her as a “beautiful free spirit” who loved hiking and “cared deeply for her family and friends.”

“She was a talented artist who loved nature, and took every opportunity to hike a new trail and find a new waterfall. And oh, how she loved music. It was the passion that gave her the most joy,” the family statement reads. “We take peace in knowing that Justina and her very best friend, Josh, spent their last moments together, enjoying their passion and friendship.”

“We also take comfort in knowing that many other lives were saved because they became, albeit unaware, a shield for others. And because of that, they will forever be heroes.”

The rock band performing at the venue the night of the crash, moe., expressed their “profound shock and sadness” in a statement on Facebook.

“On a night that was meant for celebration and togetherness, we are faced instead with a tragedy that defies understanding,” the band said. “Our hearts go out to the family and friends of those who lost their lives, and our thoughts are with those who were injured.”

CNN’s John Miller, Nic F. Anderson and Sabrina Souza contributed to this report.

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