Domonic Whilby the driver that killed MTA bus driver is arraigned at Manhattan Criminal Court on Thursday, February 13, 2014.

Domonic Whilby the driver that killed MTA bus driver is arraigned at Manhattan Criminal Court on Thursday, February 13, 2014.

*A lawyer for model/actor Tyson Beckford’s nephew is seeking the dismissal of murder charges against his client.

Dominic Whilby, 22, is accused of stealing a delivery van and attempting to drive himself home after a night out with Beckford at New York City’s Dream Downtown Hotel club in February. He then crashed into a transit bus, killing driver William Pena and injuring four others.

He was subsequently charged with manslaughter, two counts of grand larceny, three of criminal assault, criminal mischief and criminal trespass, and was later also hit with additional charges of felony second-degree murder.

3/12/14  Dominic Whilby, Manhattan Supreme Court, 100 Centre Street, NY, NY.

3/12/14 Dominic Whilby, Manhattan Supreme Court, 100 Centre Street, NY; Inset: Tyson Beckford

Whilby has pleaded not guilty to all accusations and claims to have no memory of the incident. His lawyer, Harvey Slovis, is attempting to use the excuse to have the second-degree murder counts thrown out.

In his court motion, Slovis writes, “By his own admission… (Whilby) had no memory of what had happened and did not even know how he ended up in a vehicle. There was no time, even if defendant was cognizant of what he was doing, to establish that he was aware of the risks involved in his behavior.”

Whilby had been due to appear in Manhattan Supreme Court this week, but the hearing was adjourned after Slovis filed the motion for dismissal of the murder charges.