A Suffolk County Supreme Court Justice dismissed the charges against the limousine driver involved in a fatal Suffolk County crash last July. Carlos Pino, age 59, was attempting to make a U-turn at an intersection in Cutchogue after picking up his passengers from a nearby winery. Upon attempting to make the U-turn, the limousine was broadsided by a pickup truck that what being operated by a driver under the influence. Four of the passengers Brittney Schulman, Lauren Baruch, Amy Grabina, and Stephanie Belli were killed in the accident, and four others were injured.
A Suffolk County Supreme Court Justice dismissed the charges against the limousine driver involved in a fatal Suffolk County crash last July. Carlos Pino, age 59, was attempting to make a U-turn at an intersection in Cutchogue after picking up his passengers from a nearby winery. Upon attempting to make the U-turn, the limousine was broadsided by a pickup truck that what being operated by a driver under the influence. Four of the passengers Brittney Schulman, Lauren Baruch, Amy Grabina, and Stephanie Belli were killed in the accident, and four others were injured.
In November 2015, the case against Pino was presented to a grand jury for criminally negligent homicide and other charges. At the conclusion of the grand jury proceeding, Pino was charged with four counts of criminally negligent homicide, four counts of assault in the third degree, reckless driving, and several other driving infractions. Following the proceeding, Pino moved to dismiss the indictment.
Upon review of the grand jury transcript and criminal statutes as applied to the case, the Supreme Court Justice decided that (1) as a matter of law, there was not sufficient evidence to charge Pino with criminally negligent homicide, (2) as a matter of law, there was not sufficient evidence to charge Pino with assault in the third degree, (3) as a matter of law, there was not sufficient evidence to charge Pino with reckless driving, and (4) the remainder of the indictment is defective because of the potential prejudice created by instructions given during the grand jury proceeding.
The Judge’s decision rested on the grounds that both criminally negligent homicide and assault in the third degree require the defendant to have acted “criminally negligent.” Under New York Penal Law, a person acts with criminal negligence when he or she engages in “blameworthy conduct so serious that it creates or contributes to a substantial and unjustifiable risk that another person’s death will occur, and when he or she fails to perceive that risk, and when the risk is of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.” This standard is much higher than the civil requirement of just acting outside of what a reasonably prudent person would have done in the situation.
In its presentation to the grand jury, the prosecutor relied on a case involving a prior car accident in which the driver ignored do not enter and wrong direction signs leading to an accident on the Belt Parkway. The prosecutor failed to advise the grand jury that the signs were present, and therefore was distinguishable from the case at hand in which there were no signs. The failure to adequately inform the jury of the precedent underlying the case, and the judge’s discretion that the case did not meet the standard lead to the dismissal of the charges. Furthermore, because the jury was misled based on the first two charges, the remaining charges were found to be defective because of prejudice. The district attorney intends to appeal the decision.
While the criminal charges have been dismissed in the case, a civil suits against Pino are underway. The civil standard for negligence is a lower standard. The criminal case against the pickup truck driver that crashed in to the limousine is still proceeding.
If you have been injured in an automobile accident, it is essential that you consult with a Suffolk County accident attorney right away. Failure to do so can result in an irrevocable loss of recovery or right to seek reimbursement for out-of-pocket expenses, pain and suffering, lost wages, and other damages. The experienced attorneys at McGuire & Peláez P.C. are available in Central Islip and throughout Suffolk County 24 hours a day, seven days a week to assist you in getting the money you deserve. Call (631) 348-1702.
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