DNA samples recovered from a serious car collision in 2010 indicate that an off-duty Utica firefighter was behind the wheel at the time of the allegedly alcohol-related crash, prosecutors said Friday.

While prosecutors argue this is compelling evidence that Travis Maurine misled police when he initially said his unconscious girlfriend at the time, Kate Rizzo, was driving and not him, Maurines defense attorney said its no surprise that his DNA would be found in a vehicle they both used together.

The prosecutor, however, said that has nothing to do with DNA that was found on an airbag that deployed after the two-car collision on Route 233 in Rome on Dec. 18, 2010.

Once an airbag is deployed, its never used again, Assistant District Attorney Stacey Paolozzi said following a brief proceeding Friday in Oneida County Court.

Maurine, 25, of Waterville, was supposed to report whether he wanted to accept or reject a plea offer in connection to charges of second-degree and third-degree assault, second-degree vehicular assault, driving while intoxicated and failure to keep right.

But when Maurines attorney, George Aney, asked for more time to review Maurines hospital records and Rizzos blood results, Judge Michael L. Dwyer said Maurine will have until Tuesday, June 19, to make a final decision on the offer.

At this time, Aney said plea discussions have included the possibility of jail punishment.

Maurine is accused of moving his severely injured girlfriend into the drivers seat after the crash. Maurines blood alcohol level was not tested at the time, because first responders believed Rizzo had been driving, prosecutors said.

But once the near-fatal crash made the news, at least one person came forward to report that he or she might have seen the vehicle moments before the crash and that what they witnessed didnt coincide with what police were saying, Aney said.

Somebody may have called and said they might have observed something, and I think thats where the tide may have turned and police turned their investigation to both people in the vehicle, Aney said.

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DNA suggests Utica firefighter was driving in near-fatal crash