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Suffolk County Government

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Photo from Albany Drugged Driving Rally

Suffolk County District Attorney Raymond A. Tierney continued his two-day rally in Albany today calling on lawmakers, with the District Attorneys Association of the State of New York (DAASNY), to pass a bill that would close the loopholes in the drugged driving law that make it unworkable. Current law does not allow an individual to be arrested and prosecuted for operating a vehicle while obviously impaired by any substance that is not listed in Section 3306 of the Public Health Law. Senate Bill S.3135 and Assembly Bill A.174, also known as the “Deadly Driving Bill,” closes the loopholes.

“There is noone on our roads, driver, motorcyclist,bicyclistor pedestrian, whois immune from becoming a victim of a drugged driving crash. Closing this loophole is important because we must doeverything we can to stop the horrendous loss of lives on our roadways. Impaired is impaired. Dangerous is dangerous, no matter whether it is alcohol or drugs,” said District Attorney Tierney. The type of alcohol ingested by the driver does not matter for an alcohol DWI and the same should be true for drugs and other substances. We have to use common sense to keep New York families safe.”

“The District Attorneys Association of the State of New York has consistently advocated for legislation to close loopholes in New York State’s drugged driving laws that preventthe prosecution of all impaired drivers to the fullest extent of the law. The passage of the Deadly Driving Bill (S.3135/A.174) would eliminate the often-impossible requirement of specifically identifying the drug that is impairing a drugged driver,” said District Attorneys Association of the State of New York President, Erie County District Attorney John J. Flynn. “We are committed to making sure New York State’s roadways are safe and that impaired drivers are prosecuted to the fullest extent of the law, but to do so requires necessary modifications to our current laws. The legislation will also aid in the prosecution of these offenders by expanding the probable cause for evidential blood draws and protect the safety of our roadways by automatically suspending driver’s licenses for individuals charged with impaired driving.”

“Public safety isn’t just about responding when tragedy strikes; it’s also about prevention. Albany County has seen far too many fatal traffic crashes in recent years that were completely avoidable,” said Albany County District Attorney David Soares. “The Deadly Driving Bill would allow this office to engage in prevention by streamlining the process for prosecuting drugged driving cases. As amateur chemists escalate their efforts to poison our community, we in law enforcement must also escalate our efforts to stop them, which requires leaders to provide us with the laws and tools to do our jobs.”

“Drugged driving is not a mistake. It’s a selfish and dangerous act. It doesn’t matter whether the drugs are on a list or not. It only matters that they make the driver dangerous. The party may end but the consequences of drugged driving can last a lifetime,” said Onondaga District Attorney Bill Fitzpatrick. “Please join me in supporting this life saving piece of legislation sponsored by Assembly Transportation Chair Bill Magnarelli and Senator John Mannion.”

“The Deadly Driving Bill is common sense legislation, and I am proud to support such a proposal that values public safety,” said Monroe County District Attorney Sandra Doorley. “Illegal drugs and narcotics are always evolving, and this legislation ensures that law enforcement and the courts can stay on top of all impairing substances without awaiting time-consuming updates to the New York Public Health Law. Those who drive impaired choose to consume mind-altering substances before driving their vehicle, putting countless lives at risk. We must be able to hold these deadly drivers accountable, and when appropriate, help connect them with services if they are struggling with substance abuse disorder of any kind.”

“Drunk, drugged, and distracted driving are at epidemic levels today. As cops and prosecutors, we need all the tools we can get to make successful prosecutions against dangerous drivers,” said Nassau County District Attorney Anne Donnelly. “Under New York State law, arresting someone for driving under the influence of drugs is difficult. I thank District Attorney Tierney and his team for crafting a bill that will fix this loophole once and for all. We ask our legislators in Albany to pass this bill. It will save lives and will make our roadways safer for pedestrians, bikers and motorists.”

“New York State’s recreational marijuana program and the explosion of illegal cannabis sales in our convenience stores and smoke shops has made one thing crystal clear: our roads have more drivers impaired by the use of drugs than ever before,” said Staten Island District Attorney Michael McMahon. “Yet our laws are woefully inadequate in addressing the danger that these drivers pose to fellow motorists, passengers, and pedestrians. I am proud to lend full support to this legislation which would expand law enforcement’s ability to hold impaired and intoxicated drivers responsible for endangering themselves, their passengers, and all around them after they made the terrible, irresponsible, and dangerous decision to get behind the wheel after using substances. We also need more Drug Recognition Experts to carry out field sobriety examinations. Road safety must be a priority in Albany this session, and we look forward to working with the Sponsors to pass this legislation and to fight for funding for more DRE training across the state.”

“New York’s outdated approach to impaired driving handcuffs law enforcement, puts innocent people at risk and leaves those who might be struggling with a drug problem unchecked and untreated,” said Family and Children’s Association, President/Chief Executive Officer, Dr. Jeffrey Reynolds. “If we’ve learned anything during the current opioid crisis, its that public safety is enhanced when law enforcement and addiction treatment providers work together. Arrests often precipitate treatment entry, potentially putting those struggling with addiction on the road to recovery and leaving our communities safer and healthier. Drugs have evolved rapidly in recent years and New York’s laws should absolutely follow suit.”

“Responsibility.org and the National Alliance to Stop Impaired Driving (NASID) support the critical efforts to reform New York’s drugged driving laws, especially broadening the scope of drugged driving to include all impairing substances rather than those just on the predefined New York Public Health 3306 list,” said National Alliance to Stop Impaired Driving (NASID) Director & Responsibility.org Senior Vice President of Traffic Safety Darrin Grondel. “This legislation eliminates a dangerous loophole where some impaired drivers can’t be arrested or held accountable. Statistics show that fatal and serious injury crashes involving drugged and/or drunk drivers have increased significantly in New York, and these statistics are glaring red flags that something is not working, and action is needed to improve existing law regarding impaired and drugged driving.”

“Cannabis, opioids, even some over the counter medications can negatively impact the way people drive, which affects the safety of all road users,” said National Safety Council Vice President of Government Affairs Jane Terry. “Impairment, regardless of the type of substance, causes a decline in visual function, mental judgment and motor skills. The National Safety Council fully supports this bill to help make roads safer and save lives in the state of New York.”

“As the backbone of New York’s efforts to reduce the incidence of impaired driving, STOP-DWI’s 58 local coordinators have had a front-row seat to the lack of accountability for drivers who are impaired by substances not included on the Public Health Law list. As New York State works to reduce impaired crashes, we must ensure justice for victims of these crashes isn’t hindered by public policy barriers,” said NYS STOP-DWI Coordinators’ Association Chair Lindsay Tomidy. “While STOP-DWI has advocated for legislative reform for over a decade, we’ve observed an alarming rise in fatalities caused by impaired drivers statewide. For every one of these fatalities, our coordinators are working first hand with more innocent victims who are not given reasonable answers on the lack of justice for their loved ones who were taken by an irresponsible choice made. This coalition represents a collective voice for New York to join the rest of the nation in holding impaired drivers liable for their deadly decisions to ingest impairing substances and share the roads with millions of innocent and defenseless New Yorkers.”

“Drugged driving is a growing and complex problem. We are a movement of caring individuals with a shared purpose to end the devastation of drunk and drugged driving, which is both a violent crime and a health and safety issue that affects every community,” said MADD Regional Executive Director NY|NJ|PA Paige Carbone. “New York’s laws do not work well to stop drugged drivers before they crash leaving deadly drivers free to endanger everyone. MADD supports the Deadly Driving Bill, and our vision is to create a nation without drunk and drugged driving.”

“Far too many people are being seriously injured or killed by drivers impaired by drugs. Indeed, according to recent state data from 2022, 37% of fatal crashes in New York State are drug related,” said AAA New York State Legislative Committee Chairman,John Corlett. “AAA strongly encourages legislators to pass legislation closing the glaring loopholes in the state’s drug impaired driving laws during this legislative session. AAA also commends both Suffolk County District Attorney Raymond Tierney and Nassau County District Attorney for their leadership on this issue.”

“Under the current law, defense lawyers exploit a loophole in the criminal system from which they benefit financially and leaves their clients unaccountable for their actions,” said Remove Intoxicated Drivers President William Aiken. “The drugged driving bill S.3135/A.174 is needed to include all drugs that can impair one’s ability to driver. The passage of this bill will result in safer roads for everyone.”

“To be blunt, impaired is impaired and dead is dead. Under the current law, ‘the list,’ and all the other procedural impediments, make it far too difficult for law enforcement to protect New Yorkers from drugged drivers,” said DEDICATEDD President Marge Lee. “If the drug is not on the list or cannot be named, the law actually makes protection impossible. When we, the victims, identify our dead there is no list. We have no options. We personally know the definition of dead. We need the expanded definition of drugs and the legal definition of impaired. DEDICATEDD is begging our legislators to pass the Deadly Driving Bill.”

“Pass this legislation and stop tying the hands of law enforcement by requiring them to identify the specific drug used by perpetrators before an arrest can be made,” said NY Coalition for Transportation Safety Director Cynthia Brown. “Close the loophole that allows drugged drivers to walk free and continue to be a threat to all other roadway users.”

“The landscape of drugs and drugged driving is a kaleidoscope of factors that is ever changing. Currently, there are an overwhelming number of drugs including over the counter, prescription drugs, and illicit drugs that may cause impairment and a public safety risk when taken while driving,” said Association of Transportation Safety Information Professionals (ATSIP) CEO Tara Casanova Powell. “For this reason, several states have revised their language to ‘under the influence of alcohol or any drug or any combination thereof.’ Furthermore, only four States remaining that restrict drug-impaired driving statutes to a limited set of drugs: Alaska, Hawaii, Florida, and Massachusetts. As the Secretariat and responsible party on record with the American National Standards Institute (ANSI) as the Accredited Standards Developer (ASD) for the Manual on Classification of Motor Vehicle Traffic Accidents and advocate for research-based, data driven legislation to support public safety, ATSIP strongly supports the Deadly Driving Bill (S.3135/A.174).”

District Attorney Tierney collaborated with Senate Sponsor, John Mannion and Assembly Transportation Committee Chair, Bill Magnarelli to close the loopholes and add the best, scientifically supported tools available to make New York’s drugged driving law a model for the rest of the country.

District Attorney Tierney was joined by impaired driving victims’ families, community members, district attorneys, lawmakers, traffic safety advocates, criminal justice professionals, and members of the Coalition to Protect New Yorkers from Drugged Driving to promote the passage of the bill.

Drugged drivers threaten the lives of random and innocent roadway users of every age, gender, ethnicity, and economic status every day throughout New York State. Data collection is notoriously problematic in this area, but the trend is significant. All roadway fatalities in New York have increased, including impaired driving fatalities. But the rate of increase in drug-involved fatalities has outpaced drinking driver fatalities in the last five years. Drug-involved fatalities have increased 33% from 200 in 2018 to 266 in 2022. The raw number is also higher than alcohol and represents 23% of the total number of roadway fatalities in the state.

It is a public safety and public health issue. Under the current law, an obviously impaired driver cannot be arrested and prosecuted without naming the drug ingested as one on the Public Health Law 3306 list even though drivers also use many substances that are not on the list to get high. Those substances range from inhaling things like “Dust-Off” computer cleaner, to Xylazine (also known as “tranq”) to newly created synthetic drugs to drugs that finally made it to the list and were then altered by brilliant, but unscrupulous, chemists like fentanyl analogs.

The loophole also means that a driver using a drug on the Public Health Law list can avoid prosecution by refusing an identifying test, not disclosing what they are using, avoid responsibility, not get the substance abuse treatment that is already in the law and sidestep drugged driving license repercussions. There is no intervention to help the driver avoid a repetition of the dangerous driving event and no deterrence to protect the public.

According to the National Transportation Safety Board (NTSB), New York was one of only 5 states that use a list for drugged driving as of 2022. In January of 2023 NTSB sent letters to the Governors of these states, including New York, with Safety Recommendation H-22-044 supporting impaired driving charges for all drugs that impair driving (without reference to a list). On January 1, 2024, Oregon officially abandoned the requirement and updated their statutes to add driving under the influence of any impairing drugs to their impaired driving law. Now New York is one of only 4 states relying on an unworkable list. The proposed Deadly Driving Bill’s definition of “drug” in the Vehicle and Traffic Law to include any substance or combination of substances that impair, to any extent, physical or mental abilities meets the NTSB recommendation. The bill also defines impairment and intoxication for the first-time using language supported by the New York Chapter of the American College of Physicians.

The bill does not expand law enforcement’s ability to make car stops nor does it create new crimes. It makes existing law workable. It does not roll back cannabis legalization. And it does not create a “per se” drugged driving charge that would be based only on the driver having a specific amount of a drug in the driver’s bloodstream. Current scientific research does not support a “per se” statute because drugs work differently than alcohol in the body. Blood levels do not correlate to impairment the same way. Instead, the revised law would continue to require a showing of “actual impairment” using the best training and scientific tools available, not just the presence of a substance. But when impairment from any substance can be seen, the driver must be prohibited from driving.

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Photo from Suffolk D.A. Ray Tierney Facebook

Suffolk County District Attorney Raymond A. Tierney  on Jan. 8 unveiled a bi- partisan legislative package introduced by Assemblyman Steve Stern (D-Dix Hills) and Senators Dean Murray (R-Patchogue), Anthony Palumbo (R-Riverhead), and Steven D. Rhoads (R- Massapequa), that proposes to address the current drug overdose crisis by charging suppliers of drugs that cause fatalities with Manslaughter, adding Xylazine to the controlled substances list requiring a prescription, and allowing families who have lost loved ones to fatal overdoses to access crime victim funding. In addition, the package includes a bill that allows prosecutors the ability to ask for bail for those charged with the sale and possession with intent to sell dangerous amounts of fentanyl, nitazine, methamphetamine, LSD and other narcotics.

District Attorney Tierney and the Long Island legislators rallied in Albany along with Nassau County District Attorney Anne T. Donnelly and dozens of members of Suffolk County law enforcement, labor unions, community activists and constituents to promote the need for common sense changes to our drug laws in the face of an epidemic of deaths from opioid overdoses.

In 2022, Suffolk County reported more than 400 deaths caused by drug overdoses, with fentanyl being the driving force and common denominator. Nationwide, more than 110,000 lives were lost to fentanyl poisoning in the same year. According to the U.S. Drug Enforcement Administration, nationwide, 7 out of every 10 pills sold on the streets are surreptitiously laced with fentanyl. The statistics illustrate a nationwide epidemic.

Members from the community who were present included Gene and Sue Murray who lost their daughter, Chelsey, to a fatal fentanyl overdose in Suffolk County in 2022 and for whom “Chelsey’s Law” (see below) is named.

“Opioid Overdose is the leading cause of death for young people aged 18-50. This is a crisis. While legislation will never be the sole solution, these common sense changes will save lives,” said District Attorney Tierney. “It is our moral and ethical duty, at the very least, to ask each of our elected officials to consider these bills. Work with us. More importantly, listen to and talk to these families. What New York is doing now is not working and young people are dying at alarming rates. I thank this bi-partisan group of legislators for taking action to deal with this crisis.”

“We have many different tools in our toolbox to combat fentanyl and other dangerous drugs, but one tool is missing: a specific statute that provides us with a clear path to charge dealers for deaths that occur when they sell, deliver, or administer their poison,” said Nassau County District Attorney Anne T. Donnelly. “Dealers must be held accountable, not only for selling dangerous illicit drugs, but for taking lives and ripping apart families. I am proud to join Suffolk County District Attorney Ray Tierney in supporting this package of bills that will help us save lives and get justice for victims.”

“For far too long, the deadly scourge of fentanyl and opioid overdoses has ravaged our communities and cut countless lives short,” said Assemblyman Steve Stern. “This epidemic is one of the defining issues of our time, and policy makers have a moral obligation to act swiftly and prevent these senseless tragedies. That is why I’m so proud to partner with Suffolk County District Attorney Ray Tierney, and my Long Island colleagues in the Senate, on a historic bi- partisan package of legislation that will have a real impact on the health and safety of our residents. We stand here today united in our support for commonsense measures that will hold drug dealers accountable for the true cost of their activities, significantly diminish the open availability of these dangerous drugs on our streets and give district attorneys the necessary tools to work up the criminal chain to the suppliers. We urge our colleagues in the Legislature, regardless of their party affiliation, to join us in passing these critically important initiatives, which will stem the rising tide of overdose deaths in our state and hopefully serve as a model for communities throughout our country that are dealing with these very same challenges.”

“I promised my constituents I would be a fighter for public safety – this package of bills makes public safety a priority and delivers on that promise. This package of bills aims to directly combat the dangerous fentanyl epidemic our state and our nation is facing and is necessary to save lives,” said Senator Steven Rhoads. “It provides law enforcement officials and District Attorneys with the legal tools they need to take drug dealers off the streets and prevent fentanyl from reaching our communities. As elected leaders of our communities, it is our duty and our responsibility to pass these bills and take action to save lives. The time to act is now.”

“The fentanyl epidemic has devastated families, stolen the promise and future of so many young New Yorkers and left communities struggling with how to combat this scourge. Chelsey’s Law will increase penalties for individuals who knew or had reasonable grounds to know that the narcotics they sold were laced with fentanyl,” said Senator Anthony Palumbo, Ranking Member of the Senate Codes and Judiciary Committees. “These individuals are not drug dealers, they are death dealers, and the punishment should match the severity of their crimes. I applaud District Attorney Ray Tierney and the Murray family for their advocacy and action in combating fentanyl and efforts to tackle this crisis head on to improve the health and safety of our communities.”

“This package of bills is necessary to save lives. We are losing far too many friends, neighbors and loved ones to this fentanyl epidemic,” said Senator Dean Murray. “It is imperative that we, as legislators, give our law enforcement officials and our District Attorneys, the legal tools necessary to take these poison pushing dealers off the streets and put them behind bars where they belong.”

“The fentanyl epidemic is wrecking lives and disrupting communities across our state. I am pleased to partner and consult with local law enforcement and district attorneys to develop real solutions to the crisis,” said Senator Rob Rolison. “Every day that we wait to appropriately punish those guilty of spreading this poison claims the life of another friend, family member, neighbor – even first responder. This potentially lifesaving fentanyl legislation needs the support of the state legislature and Albany leadership, immediately.”

Linda Ventura, founder, and executive director of Thomas’ Hope Foundation was present at the rally and press conference. Linda’s son died of a fatal overdose over a decade ago on Long Island, and Linda thereafter turned her grief into helping other families by offering education, support, relapse prevention services, daily afternoon wellness group activities, recovery coaching, peer support, and transportation for care, all free of charge. Linda has actively supported the passage of a Death by Dealer statute since 2021, when it was introduced by then – Assemblyman Kaminsky and Senator Palumbo. Linda speaks regularly at the Suffolk County Police Academy to officers trained in crisis response, who express utter frustration with the current statutory scheme. In speaking about the current proposal for Chelsey’s Law, Ventura said, “It is time that New York State appropriately penalize the people that are distributing this deadly poison, knowing it is lethal and is killing our loved ones, particularly our young adults.”

Gene and Sue Murray also participated in the rally and press conference. Gene and Sue lost their son over a decade ago to a fatal drug overdose. Tragically, another one of their children, daughter Chelsey, fought opioid use disorder. Chelsey attempted to recover by going to drug rehabilitation, only to be allegedly approached by her dealer after being released. Chelsey passed away due to fentanyl poisoning in August 2022. Gene and Sue Murray said, “We would like to express our support for a new proposed law, ‘Chelsey’s Law,’ named in honor of our beloved daughter. After her tragic overdose from fentanyl and the arrest of the drug dealer, we were shocked to learn that in New York State, Chelsey’s fentanyl dealer who caused her death could not be charged with anything beyond the sale of the drugs that killed her. We need a stronger law to hold those, who sell the poison that kills so many like our daughter Chelsey, accountable.”

“The Long Island Council on Alcoholism and Drug Dependence (LICADD) stands in support with Suffolk County District Attorney Ray Tierney as we collectively work to make positive strides in 2024 combating the devastating impact that fentanyl continues to inflict on individuals and families in our communities. LICADD and DA Tierney agree that those willingly and knowingly contributing to the detriment and unprecedented poisoning of our community members must be held to account for their actions,” said LICADD Executive Director Steve Chassman. “An equal acknowledgement recognizes that the multitudes of our citizens afflicted with the disease of opioid use disorder deserve every possible chance to access quality treatment on demand. LICADD commends DA Tierney for his leadership and continued partnership in our mutual efforts to work tirelessly to end the scourge of loss that opioids and fentanyl continue to inflict on our families and in our communities.”

The four pieces of legislation that were drafted in consultation with the Suffolk County District Attorney’s Office, are outlined as follows:

  1. A person commits the crime of manslaughter or aggravated manslaughter when he or she knows or has reasonable grounds to know that a controlled substance is likely to cause the death of another person and sells, administers, delivers, or causes the delivery of a controlled substance to another person and such substance causes, contributes to, or aids in the death of such other person.
  2. Formerly referred to as the “Death by Dealer” statute, this bill would be renamed “Chelsey’s Law,” in honor of Chelsey Murray, a 31-year-old Suffolk County resident who fatally overdosed in August 2022 from fentanyl poisoning that was traced back to her alleged supplier.

First Proposed Bill – “Chelsey’s Law” (Assembly Bill A08384 sponsored by Assemb. Stern – Senate Bill S07790 sponsored by Sen. Palumbo):

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3. Currently, a person who provides an illicit drug that results in the death of a user can typically be charged only with drug sale, Criminal Sale of a Controlled Substance, a Class B non-violent felony.

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Under the current law, bail, victims’ compensation, sentencing guidelines, restitution, Clean Slate provisions and parole eligibility are all determined by the section of the law under which the defendant is charged and convicted. In New York State, drug sales are considered much more leniently than Manslaughter, such that typically no bail may be set, no victim’s compensation or restitution is allowed, and they receive a lesser sentence.

Second Proposed Bill – Designates Xylazine or “Tranq” as a Controlled Substance (Assembly Bill A08395 sponsored by Assemb. Stern – Senate Bill S07763 sponsored by Sen. Murray):

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  1. Adds Xylazine, commonly known as “Tranq,” to a depressant designated as a controlled substance, with the exception that it be administered and/or prescribed solely for cattle or other nonhuman species, as approved by the federal Food and Drug Administration. Right now, the sale and possession of Xylazine in New York is neither restricted, nor illegal in any way, so there is no way to prevent drug dealers from adding this potentially deadly substance to illicit street drugs.
  2. In recent years, there has been evidence of an alarming increase in illicit use of Xylazine, a large-animal tranquilizer by drug dealers and drug users on the streets. In 2023 in Suffolk County, the Medical Examiner has found xylazine to be present in the decedent’s toxicology reports in over 15% of fatal drug overdose cases completed thus far.
  3. The illicit use of the powder form of “Tranq” is frequently being added by drug dealers as a “cutting agent” to fentanyl, heroin, and other harmful street drugs. When mixed with these drugs, the effects are often deadly, because it has a severely high depressant effect on the human body’s central nervous system.
  4. “Tranq” can cause skin sores and users may develop necrosis, making resuscitation efforts more difficult, as well as producing a withdrawal syndrome that makes it more difficult for sufferers to recover or be abstinent.
  5. This bill was vetted by both agricultural and veterinary experts who advocated for the exception when the drug is being administered and/or prescribed by veterinarians for treating animals.

Third Proposed Bill – Award Crime Victim Assistance Funds to Include Victims of Overdoses (Assembly Bill A08397 sponsored by Assemb. Stern – Senate Bill S07805 sponsored by Sen. Murray):

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  1. This bill amends the Executive Law to include families of loved ones lost to a fatal overdose for financial compensation under the law.
  2. The New York State Office of Victims Services (OVS) administers a fund whereby victims of crimes that happen in New York State may be eligible to get reimbursed for certain crime-related, out-of-pocket expenses. Types of compensation OVS can provide include medical and counseling expenses; funeral and burial expenses; relocation, moving, and storage costs; lost earnings or loss of support.
  3. Eligibility for compensation from this fund depends on the type of crime that occurred. This legislation would expand eligibility to any fatal drug overdose resulting from a sale that is categorized as reckless or criminally negligent.

Fourth Proposed Bill – Relates to Bail for Certain Felony Offenses Involving the Manufacture, Sale, Distribution, or Possession with Intent to Sell Synthetic Opioids (Assembly Bill A08383 sponsored by Assemb. Stern – S07816 sponsored by Sen. Rhoads):

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  1. This bill amends the Criminal Procedure Law to allow prosecutors to seek bail for Criminal Sale of a Controlled Substance in the Second Degree, and Criminal Possession of a Controlled Substance in the Second Degree, both A-II felonies. This change would give local district attorneys the ability to ask for bail for sale and possession of dangerous amounts of fentanyl, nitazine, methamphetamine, LSD and other deadly narcotics.
  2. Currently, New York State law only allows those charged with possessing and/or selling eight ounces of fentanyl to be held on bail. Those caught with less are arrested, arraigned, and released without bail until their next court date. Eight ounces of fentanyl is enough to kill 113,410 people. Bail reform is necessary to stop dealers from continually selling fentanyl after they have been released.

In addition, the ability to request bail can aid those suffering from addiction themselves when they are found in possession of fentanyl, as bail often acts as a catalyst to get defendants into drug court or treatment as an alternative to jail.

District Attorney Tierney wants this legislative package to ignite the conversation about solutions to the opioid overdose epidemic and urges all New Yorkers to demand change in our laws to save lives. The future of New York State and all New Yorkers depends upon it.

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Holbrook man indicted for selling fentanyl that led to fatal overdose

Suffolk County District Attorney Raymond A. Tierney announced on Jan. 27, 2023 the indictment of Jaquan Casserly, 34, of Holbrook, who is accused of selling fentanyl to a female from Lake Grove that resulted in her fatal overdose.

“Sadly, this is yet another example of an alleged drug dealer pushing poison onto our streets without any regard for the inevitably destructive and deadly consequences of such sales,” said District Attorney Tierney. “Our office is steadfast in its mission to investigate every overdose in Suffolk County and hold drug dealers accountable for selling illegal and deadly substances, especially fentanyl.”

According to the investigation, on August 18, 2022, Suffolk County Police Department officers responded to a residence in Lake Grove for an apparent drug overdose. The victim was found unresponsive in the bathroom by her mother. The victim was administered Narcan, which works to reverse the effects of fentanyl, and she regained a pulse. She was transported to Stony Brook University Hospital where she ultimately passed away several days later as a result of the drug overdose.

On August 24, 2022, a cell phone belonging to the victim was turned over to police by her parents.

Using the phone, an undercover detective from the Suffolk County Police Department contacted Casserly and arranged for another sale of narcotics. Casserly, unaware of the victim’s condition, allegedly instructed the undercover detective to go to the same location where he sold fentanyl to the victim a week earlier. On August 25, 2022, while at the Holbrook Commons in Holbrook, Casserly allegedly sold the undercover detective a combination of heroin and fentanyl contained in a red glassine envelope.

On August 27, 2022, police executed a search warrant at Casserly’s Holbrook residence and recovered a combination of heroin and fentanyl, a digital scale used to weigh narcotics, red and black glassine/wax envelopes used to package narcotics, a pair of metal knuckles, and Casserly’s cell phone. The red envelopes were similar in appearance to the ones sold to the undercover detective two days prior. A search of Casserly’s phone allegedly showed that he made arrangements to meet the victim on August 17, 2022 at the Holbrook Commons offering to sell her a “fetty mix,” a street term used to describe a mix of fentanyl and heroin.

Casserly is charged with two counts of Criminal Sale of a Controlled Substance in the Third Degree, a Class B felony; three counts of Criminal Possession of a Controlled Substance in the Third Degree, a Class B felony; Criminal Possession of a Controlled Substance in the Fourth Degree, a Class C felony; Criminal Possession of a Weapon in the Third Degree, a Class D felony; and two counts of Criminal Possession of Drug Paraphernalia, a Class A misdemeanor.

On January 27, 2023, at his arraignment on the indictment, County Court Judge, the Honorable Steven A. Pilewski ordered Casserly held on $500,000 cash, $1 million bond or $5 million partially secured bond. Casserly is being represented by Christopher Gioe, Esq. His next court date is March 3, 2023.

The case is being prosecuted by Assistant District Attorney Danielle Davis of the Narcotics Bureau.

 

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The Smithtown West Girls Soccer Team and their coaches are with Legislators Rob Trotta, Leslie Kennedy and County Clerk Vincent Puleo (rear, right).
Pictured with Legislators Leslie Kennedy (front, center) and Rob Trotta (rear, center) are the Smithtown West Boys Soccer Team, their coaches and athletic director Jason Lambert, (front, left).

Suffolk County Legislators Leslie Kennedy and Rob Trotta recognized the Smithtown West Varsity Boys and Girls Soccer Teams at the December 20, 2023 meeting of the Legislature for winning the Long Island Class AA championship for their respective teams.

This was the first time in the school’s history that both the boys and girls soccer teams won the championship.

Legislators Kennedy and Trotta in commending the students noted that they demonstrated their athletic ability and outstanding team work while their coaches and athletic director have shown the importance of perseverance and commitment.

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Suffolk County Clerk Vincent Puleo (left) witnesses as Legislator Trotta signs the Official Record Book on Jan. 2, 2024. Photo from Leg. Trotta's office

Suffolk County Legislator Rob Trotta (R-Fort Salonga) was sworn in for his sixth term at the Suffolk County Legislature’s Organizational Meeting on January 2, 2024. Suffolk County District Administrative Judge Andrew Crecca, a former county legislator from Smithtown, administered the Oath of Office to all 18 legislators. Suffolk County Clerk Vincent Puleo (left) witnesses as Legislator Trotta signs the Official Record Book.

Legislator Trotta represents the 13 th Legislative District, which includes Kings Park, San Remo, Head of the Harbor, Nissequogue and parts of East Northport, Commack, Smithtown and St. James.

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Suffolk County District Attorney Ray Tierney. Photo from Tierney's office

On December 15,  Suffolk County District Attorney Raymond A. Tierney announced his “Evergreen Initiative” – a combined legislative and law enforcement agenda that aims to halt devastating pollution and dumping at the county’s parks, beaches, and forests.

Joined by County Executive-Elect Ed Romaine, Suffolk County Sheriff Errol D. Toulon, Jr., Crime Stoppers President Patrick Fazio, Brookhaven Supervisor-Elect Dan Panico, and Winter Brothers owner Jim Winters, as well as leadership from the State Department of Environmental Conservation, the Pine Barrens Commission, the State Police, the Suffolk Park Rangers, District Attorney Tierney outlined a multi-point plan to turn the tide on environmental assault.

The Evergreen Initiative will:

1. Raise and sustain awareness of rewards available to citizens who report dumping and pollution under current Suffolk County Law, as well as posting reward signage;

2. Encourage more reporting of environmental crimes by increasing the rewards for tips to 33% of the fines collected by the District Attorney through the criminal justice process;

3. Increase the fine schedule for dumping/polluting on county land to $15,000 for individuals, with corporate fines reaching $25,000;

4. Encourage municipalities to mirror the county fine schedule, so that town and village parks are equally protected;

5. Invest an additional $10,000 into environmentally-friendly covert surveillance equipment and deploy the trip-alert system throughout county parklands;

6. Coordinate with Crime Stoppers and the Suffolk County Parks Watch reporting systems to facilitate easier reporting;

7. Seize and impound all vehicles that are utilized to dump or otherwise pollute public lands;

8. Ensure that fines and clean-up money are used locally in Suffolk County;

9. Putting offenders to work cleaning Suffolk parks and beaches as part of their sentences; and

10. Seek maximum financial penalties on all environmental cases. The combination of increasing fine schedules and reward percentage will mean that a Good Samaritan report of dumping can receive up to $8,250 from fines and up to $5,000 from Crime Stoppers.

District Attorney Tierney also emphasized that the statute of limitations on certain dumping crimes can reach back to 2018 and reports leading to convictions are always welcome and will be rewarded in accordance with the law. As part of the Evergeen Initiative, the increased rewards for reporting dumping and pollution will be posted on the public entrance of every county park.

“I am confident that these measures will make an impact,” said District Attorney Tierney. “Our office will continue to seek maximum financial penalties, which will translate to higher rewards for those who report polluters. All local municipal leaders are encouraged to adopt similar local legislation at the town and village level so that our incentives do not redirect the illegal dumping to your parks. We all must work together so that Suffolk’s natural beauty is universally protected.”

“Over the past year, Brookhaven has conducted more than 750 roadside cleanups and 32 other cleanups requiring heavy equipment for illegal dumping, which has included everything from residential waste to boats, campers and even floating docks. The new Evergreen Initiative will be an important tool in curbing illegal dumping and protecting our environment,” said County Executive-Elect Ed Romaine. “I want to thank District Attorney Tierney for his leadership on this issue to protect our open space, our groundwater and our residents from the impacts of illegal dumping.”

“The Suffolk County Sheriff’s Office has been involved in the patrol of the Central Pine Barrens region for the past three decades and we have seen numerous cases of illegal dumping. We’ve discovered garbage of all sorts, from paperwork and yard debris to larger items like furniture, mattresses and even boats,” said Suffolk County Sheriff Errol D. Toulon, Jr.

“Illegal dumping is lazy, illegal and harmful to our environment and our island’s resources. Make no mistake, if you are dumping illegally in Suffolk County, especially in our pine barrens, we will find you and you will be held accountable.”

“D.A. Tierney’s Evergreen Initiative, supported by County Executive-elect Romaine, Sheriff Toulon, and other elected officials, provides a new dimension of deterrent to tackling illegal dumping in Suffolk County Parklands and the Pine Barrens Region,” said Chief of the Suffolk County Parks Rangers Steve Laton. “Suffolk County Park Rangers remain committed to working with our law enforcement partners to thwart illegal dumping in Suffolk County.”

“As the owner of Long Island’s largest solid waste management and recycling firm, I would like to applaud District Attorney Ray Tierney for leading the fight against illegal dumping,” said Jimmy Winters, Owner of Winter Bros. “The actions announced by him today will help disincentivize the dumping of harmful materials in our ecosystem and hold criminal actors accountable.”

“Crime Stoppers takes all criminal activity seriously, particularly crimes against our environment,” said Crime Stoppers President Patrick Fazio. “Suffolk County residents can contact Crime Stoppers at 1-800-220-TIPS to report dumping or other pollution and receive up to $5,000 for their tips.”

“Illegal dumping is selfish and irresponsible and has a negative impact on our environment and our communities,” said New York State Police – Troop “L” Long Island – Troop Commander Major Stephen J. Udice. “The New York State Police will continue to work with our law enforcement and prosecutor partners to hold those accountable that choose to irresponsibly and illegally engage in the act of illegal dumping.” I

n addition to increasing fines, rewards, and signage, District Attorney Tierney’s Evergreen Initiative will allocate more than $10,000 worth of additional environmentally friendly covert surveillance equipment, such as cameras, drones, and license plate readers, to undisclosed park lands to catch those who pollute in the act.

Another component of District Attorney Tierney’s Evergreen Initiative will partner his office’s Biological, Environmental, and Animal Safety Team (BEAST) Unit and Asset Forfeiture Bureau with local police departments to penalize those who are caught in the commission of an environmental crime by having their vehicles impounded and held until all fines are paid off – including the cost of clean-up. The fines collected will be kept locally and used to cover all costs of prosecution. In addition, offenders will be put to work cleaning Suffolk County beaches and trails, planting trees, sorting recycling, and contributing efforts to the county’s environmental organizations.

Through the Evergreen Initiative, an economy will be created that works for Suffolk County’s local ecosystem. 5 To report pollution, individuals may use any of the following (in an emergency or to report a crime in progress always dial 911)

 Suffolk County Parks Watch: [email protected] or 631-854-1423

 The Suffolk County Pine Barrens Complaint Line 877-BARRENS

 Crime Stoppers: 1-800-220-TIPS or www.p3tips.com or download app at P3Tips

 Suffolk County DA: suffolkcountyny.gov/da/contact-us (Report Pollution tab)

The District Attorney will track all reports that lead to convictions so that appropriate rewards are paid.

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Gov. Kathy Hochul announces $479 million in grants for water infrastructure projects. Photo courtesy the Office of Governor Kathy Hochul

As on any other weekday, traffic buzzed along Vanderbilt Motor Parkway in Hauppauge on Tuesday afternoon, Dec. 12. Yet unknown to those in their vehicles, it was no ordinary weekday.

At the Suffolk County Water Authority’s Education Center and Laboratory, Gov. Kathy Hochul (D) joined public officials, environmentalists and SCWA staff to launch $479 million in grants statewide to invest in clean water.

The program earmarks $30 million for the state’s clean water septic system replacements, directing $20 million of that sum into Suffolk County. Another $17 million will support protecting drinking water from emerging contaminants, Hochul added.

The governor projected the initiative would spur 24,000 new jobs statewide and save ratepayers $1.3 billion annually.

“This is a great day for the people of this county and the people of this state,” she said. “It’s an investment in our environment. It’s an investment in justice. And it’s an investment in our future for all of our children.”

From left, Suffolk County Executive Steve Bellone; Gov. Kathy Hochul; Adrienne Esposito, executive director of the Citizens Campaign for the Environment; and Suffolk County Water Authority board chair Charlie Lefkowitz. Photo courtesy the Office of Governor Kathy Hochul

Outgoing Suffolk County Executive Steve Bellone (D) reported that 360,000 homes and businesses within the county operate on aging septic systems and cesspools, contaminating the sole-source aquifer on Long Island. He said this stimulus, coupled with a $10 million investment by the county Legislature, would enable the county government to fund septic replacements in 2024 and 2025.

“This is an exciting moment because we can see the path to solving the crisis,” Bellone said, adding the funds would bolster the clean water septic industry in Suffolk while advancing the administration’s two primary objectives of establishing a countywide wastewater management district and the Clean Water Restoration Fund — blocked by the county Legislature earlier this year.

SCWA board chair Charlie Lefkowitz said the funds would assist the public utility in its mission of eliminating emerging contaminants from the drinking supply.

“This announcement today is historic,” he said. “It’s historic that the sewer projects, the septics that contaminate and get into our bays and streams and harbors — we can finally address it.”

He added, “We look at some of these large infrastructure projects that we’re working on — sewer projects, the electrification of the Long Island Rail Road’s Port Jeff Branch — these are projects that when you look back 100, 150 years and none of us are here, they’ll say, ‘That group of people really did it the right way.’”

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Photo from Suffolk County District Attorney's office
Photo from Suffolk County District Attorney's office

Suffolk County District Attorney Raymond A. Tierney and Long Island Council on Alcoholism and Drug Dependance (LICADD) Executive Director Steven Chassman held a joint public service announcement on Dec. 14 to remind Suffolk County residents that, in light of the increased prevalence of overdose during the holiday season, there are reputable agencies in Long Island that can help those struggling with addiction as well as their families.

“Unfortunately, I spend many hours meeting with families who have lost loved ones to addiction or because somebody made the dangerous decision to get behind the wheel while under the influence of drugs or alcohol,” said District Attorney Tierney. “Their grief is immeasurable. Keeping our streets safe is of the utmost importance to me and this office. That is why my office has partnered with LICAAD to do this public service announcement because we understand how important it is to take a proactive approach to addressing the addiction crisis in this county. However, make no mistake, if you are selling illegal and dangerous substances in Suffolk County, profiting off the backs of those suffering from substance use disorder and other addictions, we will prosecute you.”

“LICADD realizes that substance use disorder (SUD) is a disease that needs to be treated like any other,” said Steve Chassman LCSW, CASAC, Executive Director of LICADD. “While our clients need to be held responsible for their actions for public safety, the best thing they or their family can do is seek help before destructive decisions are made. LICADD is here 24/7/365 to support those with SUD during the stressful holiday season.”

District Attorney Tierney believes Suffolk County can be kept safe by utilizing aggressive prosecutions of drug dealers that prey on our vulnerable citizens, but also by spreading the word that there is help out there for those who are suffering. For those suffering from addiction and mental health co-occurring disorders, the Suffolk County District Attorney’s Office urges you to make a phone call to one of the many treatment and prevention resources that the county has to offer. There is help.

Help us fight addiction. You can always contact the SCPD if you suspect illegal drug activity. However, you can also report it anonymously through our website at: www.suffolkcountyny.gov under the “Contact Us” tab then Click on “Contact the DA.”

The Long Island Council on Alcoholism and Drug Dependence is a non-profit organization with offices in Hauppauge and Westbury whose mission is to address the addictive climate of our times by providing initial attention and referral services to individuals, families, and children, through intervention, education, and professional guidance to overcome the ravages of alcohol and other substance-use related problems. If you are or know of anyone who is experiencing an alcohol and/or substance-use related issue and need help, please call LICADD’s 24-hour hotline at 631- 979-1700.

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Local legislators hold a Women of Distinction event on Thursday, Nov. 16, at the East Setauket VFW Post 3054. From left, New York State Assemblyman Ed Flood, Diana Brown, Gail Lynch-Bailey and Suffolk County Legislator Nick Caracappa. Photo by Raymond Janis

Two local women recently took the spotlight at the East Setauket VFW Post 3054, where New York State Assemblyman Ed Flood (R-Port Jefferson) and Suffolk County Legislator Nick Caracappa (C-Selden) jointly held a Women of Distinction event Thursday, Nov. 16.

The legislators recognized Gail Lynch-Bailey, president of the Middle Island Civic Association, and Diana Brown, district manager for the Gordon Heights Fire District, presenting these local leaders with proclamations from their respective legislative bodies.

Flood read off some of Lynch-Bailey’s professional accomplishments. Along with her civic leadership position, she has operated Delmar Studios, served on the Town of Brookhaven Accessory Apartment Review Board and worked as an adjunct professor at Stony Brook University.

“Gail has been an unbelievable member of the community,” the state assemblyman said. “No matter what’s going on in Middle Island, Gail’s got her hand in it one way or another.”

During his address, Caracappa received thunderous laughter from the audience when he joked, “We’re on a much smaller budget in the county,” as he presented Lynch-Bailey with a substantially smaller proclamation than Flood’s.

Caracappa told her, “What you do for our community and our veterans and our youth is outstanding, so with that, I’d like to present my much smaller version.”

Lynch-Bailey expressed her appreciation, saying, “It’s wonderful to have partners in government” and thanking her husband for his continued support.

In a second proclamation ceremony, Flood and Caracappa jointly honored Brown, who has been fire district manager for 18 years.

“The Gordon Heights Fire District is crucial to the community,” Flood said. “It’s kind of the hub of that community, and Diana is at the heart of all of that.”

Along with her public service work, she has contributed 25 years to JPMorgan Chase and is active in the Coram-based Faith Baptist Church.

While Gordon Heights falls outside Caracappa’s 4th Legislative District, he told Brown, “What you’ve achieved in your professional, personal and community life is just amazing, and you have every right to be recognized today.”

Following these remarks, Brown thanked the legislators, family and those in attendance.

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Suffolk County Executive-elect Ed Romaine condemns the Clean Slate Act, which Gov. Kathy Hochul signed into law last week. Photo by Raymond Janis

A new state law has public officials from Suffolk County up in arms.

Gov. Kathy Hochul (D) signed the Clean Slate Act on Thursday, Nov. 16, which allows certain criminal records to be sealed years after an individual is sentenced or released from incarceration. The law automatically seals certain criminal records after a required waiting period — three years after conviction or release from jail for a misdemeanor and eight years after conviction or release from prison for a felony — if the criminal has maintained a clean record, is no longer on probation or parole and has no other pending charges.

The legislation still provides access to sealed records “for certain necessary and relevant purposes,” such as law enforcement, licensing or employment for industries requiring a background check, employment in jobs interacting with children, the elderly or other vulnerable groups and application for a gun, commercial driver’s license and public housing.

The state Assembly passed the bill in June 83-64, with the Senate also upvoting the measure 38-25. In a signing ceremony, Hochul referred to the bill as a means for creating jobs and deterring recidivism among convicted felons.

“My number one job as the New York State governor is to keep people safe,” she said. “And I believe that the best anti-crime tool we have is a job.”

She added, “When people have steady work, they’re less likely to commit crimes and less likely to be homeless.”

New York becomes the 12th state to enact Clean State legislation, according to the governor’s website.

Homegrown opposition

State and local officials joined first responders and crime advocates outside the Suffolk County Police Benevolent Association headquarters in Brentwood on Friday morning, Nov. 17, blasting the measure as out of touch with the needs of residents.

Suffolk County Executive-elect Ed Romaine (R) acknowledged that there are cases in which records should be sealed but suggested these matters should be considered on a case-by-case basis and determined through the court system instead of the legislative process.

“I think it should be up to the judges,” he said. “I don’t think [sealing criminal records] should be automatic. I think this bill is not the right thing to do, and I think it does weaken the criminal justice system.”

New York State Sen. Dean Murray (R-East Patchogue) reiterated Romaine’s sentiments: “A clean slate, carte blanche for everyone — that’s just plain dangerous.”

State Assemblyman Steve Stern (D-Dix Hills) said that while he believes in second chances for convicted criminals, the bill exempts only a “small list” of criminal offenders.

“It doesn’t take into account nearly all the types of egregious crimes that impact so many victims, their families and our entire community,” he said. “Manslaughter, armed robbery, terrorism offenses, hate crimes … these are cases where there’s been due process, where there’s been convictions and sentencing.”

The state assemblyman added, “In these kinds of very troubling times, employers, employees, victims, families, neighbors and community members … all have the right to know.”

State Assemblyman Ed Flood (R-Port Jefferson) said the bill would exacerbate the conditions of the opioid epidemic, expunging the criminal records of drug dealers who continue trafficking opioids throughout the county. He said financial criminals, such as Ponzi schemers and elder scammers, receive similar protections under the new law.

“People are entitled to a second chance, but it shouldn’t be us legislators doing this,” he said. “It should be through the judicial system.”

To learn more about the Clean Slate Act, please visit assembly.state.ny.us/cleanslate.

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We start with an adrenaline-packed adventure at Cedar Beach in Mount Sinai. Discover the excitement of a fearless group braving the frigid waters for a valuable cause.

Then, catch the heat as tensions rise between the Brookhaven Town Board and the municipality’s cable service provider. We’ve got the latest on the town’s television showdown.

Later, take a trip through history with our sportswriter, Bill Landon, as he reflects on the JFK assassination’s foggy memories, marking its 60th anniversary this week.

And as Thanksgiving approaches, join us in a call to action. We’re rallying our readers and listeners to support local mom and pops on National Small Business Saturday.

Tune in to The Pressroom Afterhour: Keeping it Local with TBR for a special Thanksgiving edition.

Visit tbrnewsmedia.com to read these stories and more. Follow us on:

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