Port Times Record

Highway Superintendent Dan Losquadro. Photo by Phil Corso

A few Brookhaven officials are bringing in more bacon after the town board approved salary increases for them on Tuesday.

Brookhaven Highway Superintendent Dan Losquadro (R), Town Clerk Donna Lent (R) and Town Tax Receiver Louis Marcoccia (R) will see an uptick in their salaries following the board’s unanimous vote — Losquadro from $98,534 to $112,000; Lent from $92,386 to $100,000; and Marcoccia from $90,922 to $100,000.

But some community members weren’t on the same page as the board.

“There’s no doubt they deserve a raise, however, we all do and we’re not getting one,” Brookhaven resident James Wilkie said during a public hearing on the matter. “Taxpayers of this town, as you know as well as anybody else, are hurting.”

Supervisor Ed Romaine said the positions in question haven’t seen salary increases in the past eight to 10 years.

“Several years go by and it becomes evident that other municipalities are paying higher than Brookhaven for different positions,” the supervisor said.

Town Attorney Annette Eaderesto said the town looked at the salaries for those positions in neighboring towns and took the average.

“You want to stay competitive, you want to be able to attract good people to this job in the future,” Romaine said before the vote. “One way to do it is to make sure the compensation is accurate.”

Clifford Hymowitz, president of a part-timers union in the town, expressed gratitude that the town is financially stable enough to increase certain employee salaries, but demanded similar recognition for people working part-time.

According to Hymowitz, 38 of his 171 part-timers have made less than $12 an hour over the past four or five years. He added that some have worked for a decade or more and are still making $9.75 an hour.

Eaderesto noted that residents who wish to put the salary increases up for a public vote have 45 days to submit petitions to request a referendum.

A map from the early 1960s includes proposed lots for a Port Jefferson parking district. Main Street runs down the middle. Photo from Port Jefferson Village historical archive

Woodard Square. Crystal Lake Square. If Port Jefferson residents hadn’t banded together to oppose their town, those would be the names of parking lots paved through the middle of a few downtown blocks.

In the early 1960s, Brookhaven Town officials had proposed a parking district in lower Port that would have called for several buildings to be demolished to make way for asphalt, according to the village historical archive. But Port Jefferson residents came together as a property owners association to defeat the idea.

A 1961 map depicting the proposed parking district shows a large lot called Loper-McNamara Square in the location where Port Jefferson’s biggest parking lot, referred to as the “Meadow lot,” is now; a Woodard Square lot on the south side of East Main Street, where it meets Main Street and where the post office and a few other businesses currently stand; a Davis Square lot at residential space between South and Spring streets, near High Street; a lot called Round the Block Square, where the village’s Traders Cove parking lot is now; and a Crystal Lake Square lot on the south side of Maple Place.

The plan was abandoned after homeowners, who were then living in an unincorporated village, reacted negatively to it and formed The Property Owners Association of Port Jefferson, according to the village archive.

A drawing depicts the proposed Woodard Square lot on East Main Street, with the old Baptist church pictured back center, as part of an idea for a Port Jefferson parking district. Photo from Port Jefferson Village historical archive
A drawing depicts the proposed Woodard Square lot on East Main Street, with the old Baptist church pictured back center, as part of an idea for a Port Jefferson parking district. Photo from Port Jefferson Village historical archive

The town, under the direction of former Supervisor August Stout Jr. and later Supervisor Charles R. Dominy, held public meetings at Earl L. Vandermeulen High School, warranting the property owners to publish flyers that were a proverbial call to arms for neighbors.

“Port Jeff will be sold down the river unless you attend the official public hearing on the parking district,” read one flyer, in relation to a March 21, 1962, meeting. “This is it. Everyone concerned with this problem and the future of Port Jeff must be there.”

Another flyer said the homeowners supported improvement, but said about the parking district proposal, “No, no, no.”

The property owners association that helped derail the parking plan also championed the village’s incorporation.

Later in the same year as that meeting, on a snowy Dec. 7, 1962, residents voted 689-361 to incorporate Port Jefferson.

From left, Olivia Santoro, Daphne Marsh, Victoria Daza, Aaron Watkins-Lopez and Blanca Villanueva, representing advocacy groups for education funding delivered a petition to Sen. John Flanagan’s Smithtown office Wednesday. Photo by Alex Petroski

A small group of people carried the voices of thousands of New Yorkers standing up for the students across the state.

Activists representing four New York State and Long Island groups in support of education funding — especially for low income districts — dropped off a petition with more than 9,000 signatures from across New York to state Sen. John Flanagan’s (R-East Northport) office in Smithtown Wednesday. Those in support of the petition pledged their support for state Assemblymen Carl Heastie’s (D-Bronx) “millionaire tax bill,” which was introduced in February and proposed an increase in taxes to those who earn upwards of $1 million annually.

The petition was also in support of a full phase-in of the money still owed to pay off the Campaign for Fiscal Equity resolution, which ensured that $5.5 billion would be committed to mostly high-need districts in 2007, and was supposed to take effect over the course of four years. This was a result of a lawsuit started in 1993, which eventually reached the New York State Court of Appeals, which ruled that high-need districts were being neglected. About $781-million of that money is still owed to Long Island schools, according to advocates of the resolution.

The groups represented at Flanagan’s office included New York Communities For Change, Jobs With Justice, Long Island Progressive Coalition and Alliance for Quality Education as well as community members from across Long Island. Flanagan was not in his office, and a legal aide who took the petition declined to comment.

“We need to address the emotional, physical, social, needs of the child and the Senate has shown that they are not caring right now with the budget they have proposed,” said Blanca Villanueva, an organizer from Alliance for Quality Education. “We need them to represent us because they represent all of Long Island and all of New York State.”

The petition was also delivered to New York Gov. Andrew Cuomo’s New York City office, Villanueva said.

Flanagan has said in the past that he is against the millionaire tax bill. He did not respond to a request for comment regarding the petition.

“As a constituent of Sen. Flanagan’s, I am calling on him to support the millionaire’s tax,” said Olivia Santoro, a member of the Long Island Progressive Coalition. “I valued my public school education and I want the same opportunity for students growing up in his district and across Long Island. That means that we need to fully fund our schools.”

On March 21, a group of about 40 wealthy New Yorkers in conjunction with the Fiscal Policy Institute and the Responsible Wealth Project sent an open letter to Cuomo in support of Heastie’s millionaire tax bill. Those in support included Steven C. Rockefeller and Abigail Disney, among others.

Flanagan’s proposed 2016-17 budget would eliminate the Gap Elimination Adjustment, which has cost districts across the state millions of dollars over the past several years in an effort to close a deficit. It also included almost $600 million for education, though Villanueva said at Flanagan’s office that it was not enough.

“We’ve got this Campaign for Fiscal Equity that we’ve been working very hard to support and we hope that [Sen. Flanagan] can stand with the students in making sure that they receive a quality education and the funding that’s necessary in order to deliver that,” Melissa Figueroa of New York Communities For Change said Wednesday. “We need this support, and I hope that he gets down with us.”

Figueroa is also running for a school board seat in Hempstead School District.

Signs held by those in support of the petition read, “Stand up 4 kids, NOT billionaires,” “Sen. Flanagan, who do you represent?” and “Millionaires Tax: Raise taxes on the 1% by 1% to raise billions for public school education.” The petition was launched on ColorOfChange.org, an organization dedicated to fighting institutional racism.

Jamaican me crazy, thief!
On March 19 at 5:20 p.m., police arrested a 38-year-old man from Port Jefferson Station for petit larceny. According to police, the man stole assorted tools from a store on Jamaica Avenue. He was arrested at his home.

More impaired drivers drive us crazy
A 40-year-old man was arrested on March 20 for driving while ability impaired. The Port Jefferson Station resident was driving a 2012 Mercedes when he crashed into another car on East Broadway in Port Jefferson. Police discovered the man was intoxicated and arrested him at the scene, at 1:59 a.m.
Police arrested a woman from Farmingville on March 18, for driving while ability impaired. According to police, the 24-year-old woman was driving a 2015 Jeep on Mariners Way in Port Jefferson when she ran through a stop sign. Police arrested her at 12:17 a.m.
On March 19 around 1:10 a.m., police arrested a 55-year-old man for driving while ability impaired. The Port Jefferson man was driving a 2010 Ford Explorer on Main Street in Setauket when he crashed into another car.
On March 17, police arrested a 41-year-old man for driving while ability impaired. Police said the man was driving a 2012 Volkswagen on Middle Country Road in Centereach when he failed to maintain his lane. Police pulled the man over and arrested him at the scene around 1:07 a.m.

Route to court
Police arrested a 19-year-old man from Medford for petit larceny on March 20. According to police, the man stole an iPhone from a residence near Route 25 in Selden. Police arrested him at the scene, around 12:50 a.m.

That’s not my name
A 43-year-old man from Rocky Point was arrested on March 16 for using a false instrument and intent to defraud. According to officials, the man filed for a new driver’s license while his original license was suspended. Police arrested the man at his residence around 5 p.m.

It didn’t give him wings
According to police, on March 20 around 12:48 p.m., someone stole a four-pack of Red Bull energy drink from a store on Nesconset Highway in Mount Sinai.

A cig-nature crime
On March 14 around 11 p.m., an unidentified person stole a pocketbook from a 1991 Toyota parked on Park Avenue in Centereach. Police said the thief used the victim’s credit card to buy cigarettes at a store.

You’ve been audited
Police said that on March 16 around noon, a woman on East End Road in Sound Beach received an IRS scam call. According to police, the woman gave the unidentified caller money.

Quit fencin’ around
Between midnight and 8 a.m. on March 20, someone damaged a fence at a residence on Kale Road in Rocky Point.

You don’t got mail
Between March 19 at 7:30 p.m. and March 20 around 1 p.m., someone damaged the mailbox of a residence on Dartmouth Road in East Shoreham. Police said the suspect broke the mailbox and ripped it off its wooden post.

Shop ‘til you drop
Someone stole various shirts and pants on March 15 from Bob’s Stores on College Road in Selden. Police said the incident happened around 5:15 p.m.

Gassing up
On March 15 around 4:25 a.m., an unidentified person broke a window to a gas station on Main Street in Setauket-East Setauket and stole cigarettes, cash and two cash registers.

Out of my way
According to police, two senior citizens in assisted living got into an altercation on March 19 around 8:15 a.m. Police said one citizen punched the other in the face because the individual was in their way. The incident happened on Sunrise Drive in Setauket-East Setauket. The victim didn’t press charges.

Suspended license driver stopped
A 25-year-old man from Smithtown was driving a 2000 Jeep on Amsterdam Road in Smithtown at about 5 p.m. on March 19 when he was pulled over by police. He was found to be driving with a suspended license, police said, and was charged with aggravated unlicensed operation of a motor vehicle.

Merchandise goes missing
At Kohl’s in Lake Ronkonkoma, at about 10:30 p.m. on March 19, a 46-year-old woman from Fort Myers, Florida, stole shoes, jewelry and other items, police said. She was charged with petit larceny.

Watch out for watch thieves
On March 19 at about 8:30 p.m., a 25-year-old man from East Patchogue was arrested in Lake Grove for stealing watches from Macy’s at the Smith Haven Mall, police said. He was charged with petit larceny.

Thief thwarted
A 20-year-old man from Hauppauge was arrested on March 18 for stealing money from a home on Stengel Place in Smithtown on Sept. 25, 2015, police said. He was charged with petit larceny.

Intentional car crash
At a home on Bridge Road in Smithtown, on Nov. 18, police said a 43-year-old man from East Patchogue intentionally drove a 1994 Honda into the bumper of another car and then left the scene of the crash. He was arrested on March 18 and charged with criminal mischief with the intent to damage property and leaving the scene with property damage.

Television taken
On March 18, a 20-year-old woman from Commack was arrested for stealing a television from a home on Fisher Road in Commack on March 7, police said. While being searched during the arrest, she was found to have a hypodermic needle and a controlled substance in her possession. She was charged with petit larceny, seventh-degree criminal possession of a controlled substance and possession of a hypodermic instrument.

Woman escapes police custody
A 21-year-old woman from Centereach was arrested in Smithtown on March 18, at about noon, on a bench warrant from another jurisdiction. While being transported, she escaped from the vehicle and fled to a nearby wooded area, police said. She was arrested again at about 1:30 p.m. and charged with escaping jail/custody.

Fake inspection
At the corner of Route 25 and Mayfair Terrace in Commack, at about 11 p.m. on March 18, police stopped a 20-year-old man from Central Islip driving a 2000 Honda Civic. According to police, his New York State inspection sticker was found to be fraudulent. He was arrested and charged with second-degree possession of a forged instrument.

Free beer and gift cards
On Nov. 9, 2015, a 31-year-old man from Smithtown used a debit card belonging to another person without permission on Route 25A in Kings Park to buy a gift card and beer, police said. He was arrested on March 17 and charged with fourth-degree grand larceny of a credit card.

Windshield cracked
Police said a 25-year-old man from Lake Grove intentionally broke the windshield of a 2008 Dodge on Route 25A in Shoreham at about 10:30 p.m. on March 2. On March 16, he was arrested and charged with criminal mischief with the intention of damaging property.

Excavator disappears
An unknown person stole an excavator from Grace LLC Industries on Route 347 in Smithtown at about 2:30 p.m. on March 18, police said.

Domestic items lifted
A Dyson vacuum cleaner, a blender and a quilt were stolen from Target on Veterans Memorial Highway in Commack at about 4 p.m. on March 13, police said.

Credit cards clipped from Chevy
At about 10 p.m. on March 18, an unknown person stole a wallet containing credit cards from an unlocked 2013 Chevy parked on the road outside of a home on Innis Avenue in Lake Ronkonkoma, police said.

Hit-and-run
A 51-year-old woman from Huntington Station was arrested on March 20 for leaving the scene of an accident at the corner of Woodbury Road and Route 108 in Huntington, police said. On March 6 at about 1 p.m., she rear-ended another car in her 2012 Jeep and then fled, according to police. She was charged with leaving the scene of an accident with property damage.

Almost got away
On East Pulaski Road in Huntington at about 4 a.m. on March 18, a 22-year-old man from Huntington was pulled over for speeding in a 2016 Audi, police said. During the stop, police determined that he was intoxicated. While at the 2nd Precinct, he ran about 40 feet away from an officer trying to reach a door, but he was stopped, according to police. He was charged with third-degree escape and driving while intoxicated.

Heroin arrest
On March 17 at about 5 p.m., a 34-year-old woman from Huntington Station was arrested on the corner of Walt Whitman Road and Overhill Road in Huntington for possessing heroin and a hypodermic needle, police said. She was charged with seventh-degree criminal possession of a controlled substance and possession of a hypodermic instrument.

Crooked man at Crooked Rail
Police were called to The Crooked Rail on Larkfield Road in East Northport at about 11 p.m. on March 19 to deal with a drunk and unruly customer. Emergency medical personnel were called to treat a 47-year-old man from Kings Park. The man spit at and bit officers while being moved on a gurney, then flailed and kicked an officer in the head and chest, according to police. One officer suffered a broken hand as a result of the incident. The man was charged with second-degree assault with the intent of causing injury to a police officer and second-degree obstruction of government administration.

Interlocked up
On the corner of Broadway and Pulaski Road in Greenlawn at about 8 a.m. on March 18, a 27-year-old man from Brentwood was driving a 2002 Honda when he was pulled over by police. He was found to be driving without a required interlock device and was charged with circumventing interlock operation without a device.

Law-canceling headphones
A 22-year-old man from Roosevelt and a 21-year-old man from Hempstead were arrested on March 20 at Target on Jericho Turnpike in Huntington at about 7 p.m. for stealing headphones, police said. The Roosevelt man was found to be in possession of two different stolen out-of-state license plates. He was charged with fifth-degree criminal possession of stolen property and petit larceny. The Hempstead man lied to police about his name when he was arrested. He was charged with petit larceny and second-degree criminal impersonation.

Unlicensed driver with drugs
Police pulled over a 22-year-old man from Huntington Station driving a 2011 Lexus on the corner of 11th Street and Lennox Road in Huntington Station at about 9 p.m. on March 20. He was found to be driving with a suspended license for the second time in about a month, police said. When searched, police found prescription drugs, marijuana and heroin in his possession. He was charged with two counts of seventh-degree criminal possession of a controlled substance and aggravated unlicensed operation of a vehicle.

Gas station theft
A 52-year-old man from East Northport stole items from U.S. Petroleum gas station on Larkfield Road in East Northport at about 4 p.m. on March 17, according to police. He was charged with petit larceny.

Park and ride predator
On March 19 at about 9 p.m., a 43-year-old man from Deer Park stole keys and a wallet containing credit cards and cash from a car parked on the corner of Commack Road and the Expressway’s North Service Road, police said. He was charged with third-degree robbery.

All taken vehicle
An unknown person stole an all terrain vehicle from the yard of a home on Fort Salonga Road in Centerport at about midnight on March 17, police said.

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Fran Navaretta calls for a delay in the Port Jefferson Station/Terryville Civic Association board election. Photo by Elana Glowatz

Ed Garboski was re-elected president of the Port Jefferson Station/Terryville Civic Association on Tuesday night amid a clash between members.

What started as an orderly meeting turned into emotional and heated debate, complete with lobbed accusations, when the time came to vote for the next executive board. One group, largely on the left-hand side of the room, called for a delay in that vote until the civic membership nominated and approved a board of directors, citing a 1977 constitution of the association that requires one.

The legal authenticity of the constitution was later called into question, and it was unclear whether the document is binding.

The civic association does not currently have a board of directors, nor has it in at least recent history. Supporters on Tuesday night wanted to change that before voting on a separate executive board, while critics favored electing an executive board that would further investigate the matter.

Faith Cardone was the first to raise the concern about a board of directors, saying she and like-minded members are trying to do things the right way. And Treasurer Lou Antoniello, a presidential candidate, said just because the civic never had a board of directors doesn’t mean it shouldn’t have one now.

Port Jefferson Station/Terryville Civic Association President Ed Garboski was re-elected. Photo by Elana Glowatz
Port Jefferson Station/Terryville Civic Association President Ed Garboski was re-elected. Photo by Elana Glowatz

“It has nothing to do with Ed being president,” Antoniello said, after an accusation that the members in favor of delaying the executive election were simply scheming to oust the president, Garboski, who was seeking re-election Tuesday.

Controversy is no stranger to Garboski’s presidency in the last year. Members divided into two factions, much like they were on Tuesday night, had argued at a similar volume during a June meeting, after it was announced that Garboski would be running for town board against incumbent Councilwoman Valerie Cartright (D-Port Jefferson Station). In that case, one side had called for Garboski to resign over a perceived conflict of interest with the campaign, which he ultimately lost in November, and the other had called for a simple leave of absence until after the election. The latter side won out in that case.

On Tuesday, as some called for the executive board election to be delayed in deference to creating a board of directors, Garboski said he doesn’t think the civic needs two governing boards — but that either way the civic has to take time to investigate the matter.

Frank Gibbons, the civic’s head of traffic and transportation as well as its nominating committee for the election, said about delaying the vote, “To change the time we’re going to vote because we don’t have something we’ve never had is ridiculous.”

Former executive board member Laurie Green expressed dismay about the state of the civic’s unity, saying it used to act as a cohesive unit: “What the hell is going on?” she said to the debaters to her left. “You are trying to divide this civic association and this community.”

Jeff Napoleon received the only applause of the night when he suggested the civic elect leadership that could guide members on the board of directors issue, avoiding impulsive decisions. The civic voted to support that idea.

Four executive board positions were filled first without a contest, by unopposed candidates: Salvatore Pitti for vice president, Charlie McAteer for corresponding secretary, Howard Aron for treasurer and Sheila Granito for recording secretary. Then Garboski beat Antoniello for the president’s role, 27-7.

But the argument did not die without a final breath.

Fran Navaretta, who had previously spoken in favor of delaying the election, called into question whether all the voters were in good enough standing to cast a vote, as she did not recognize some of the people in the audience. She started to leaf through Garboski’s binder of civic attendance records.

The civic is expected to nominate a board of directors at its next meeting.

Francis Barrios mugshot from SCPD

A registered sex offender pleaded guilty on Monday to raping a female taxi driver in December during a trip that started in Port Jefferson.

The Suffolk County District Attorney’s Office said on Tuesday that 34-year-old Francis Barrios, of Middle Island, pleaded guilty to first-degree rape.

When the incident first occurred, on Dec. 1, authorities said the driver had picked up Barrios at John T. Mather Memorial Hospital that evening. During the trip he beat and strangled her, causing the taxi to crash into a fence on Mount Sinai-Coram Road in Mount Sinai. Barrios, who police said was homeless, then sexually assaulted the victim.

According to the DA’s office, he pulled her into the back seat and raped her.

Officers responded to the crash scene after a passing motorist called 911, police said at the time.

Police did not release the name of the taxi company, to protect the identity of the victim.

The DA’s office said Barrios was previously convicted as a violent offender in Suffolk County for first-degree attempted rape, and violated his parole. He was expected to be sentenced to 24 years in prison and 20 years of post-release supervision on April 20.

On the New York State sex offender registry, Barrios is listed as a Level 3 sexually violent offender who has also gone by the last name Berrios. He was convicted in November 2004 in relation to an incident of sexual contact earlier that year involving a 12-year-old girl, who was described as a “non-stranger” to Barrios. He was sentenced to 42 months in state prison.

Highway super takes systems online

Brookhaven Highway Superintendent Dan Losquadro sifts through a town map with the touch of his finger. Photo by Phil Corso

Managing one of the largest highway departments in New York State takes a lot of work, and Brookhaven Highway Superintendent Dan Losquadro (R) has put all of it in the palm of his hand.

As of Jan. 5, the entire department went paperless with a new electronic work order system and by the end of that month, foremen in the field either updated or closed more than 1,500 work orders using a mobile app on town-issued iPads. In an exclusive interview with TBR News Media, Losquadro and his team said the Brookhaven highway department has raised the bar for municipalities across the state.

“To me, this is nothing short of transformative,” Losquadro said. “Improving efficiencies of the highway department has been one of my priorities since taking office three years ago.”

In the past, Brookhaven residents hoping to see something as simple as a pothole being repaired in front of their home would need to file a work order, which an office staffer would enter into a computer, print out and then deliver to a foreman, typically taking five to seven days before resolution. But now, the highway superintendent said, the information can be shared almost immediately.

“We owe that to our customers, because they deserve the response that a customer from any business should get,” Losquadro said, referring to his Brookhaven constituents.

The new paperless system capitalized on already existing geographic information systems the town had invested in over recent years to help create one cohesive platform, allowing town employees to view, update and create work orders in real time, from the field. And through each step of development, Losquadro said foremen and town workers who would be using the technology on a daily basis provided their feedback.

Matt Sabatello, who works in the town’s tech department, worked alongside a dedicated crew of in-house developers to grow the mobile application and make it accessible for all town employees. With more than a decade of experience working with the town already under his belt, Sabatello said he has seen the arc of technological advancement go into overdrive under Losquadro’s direction.

Some of the interactive features Losquadro and his team helped to launch over the past year included color-coded visual queues identifying outstanding work orders, a display of all open work orders prioritized by the date created and a new “follow me” GPS-enabled feature that could be used to identify problem areas as well as track town vehicles when they are out in the field.

“If you see something, create a work order,” Losquadro said, playing off the Metropolitan Transportation Authority slogan, “if you see something, say something.”

And the efficiencies stretch far beyond a run-of-the-mill pothole fix, too. John Giannott, a senior administrator with the highway department, said the mobile technology has made Brookhaven’s response time to serious weather events such as severe snowfall nearly two hours quicker.

“We keep finding new uses for this every day,” he said. “It puts you ahead of the curve, because all your assets are tracked.”

The “green” technology has also allowed the town to apply for state grants and emergency relief funds in a more efficient way, making Brookhaven that much more equipped for more green.

Looking ahead, Losquadro said he hoped to see other facets of Brookhaven government follow suit in implementing such technology. He said he has already seen an interest from the town board to use similar platforms to track constituent complaints.

“I had a vision of how I wanted to transform this department,” he said. “Working with them allowed us to move to this point in less than three years.”

Christopher O'Brien mugshot from the DA's office

A Port Jefferson Station man pleaded not guilty on Monday to a slew of charges that include murder and driving drunk, three months after a wrong-way crash that killed another driver.

Authorities allege 54-year-old defendant Christopher O’Brien was impaired and driving an Audi A4 east in the westbound lanes of Sunrise Highway two days before Christmas when he hit a Toyota Corolla head-on in the left lane shortly after 5:30 a.m., killing driver Thomas D’Eletto, 57, of Aquebogue.

“At the scene, police observed that O’Brien was unsteady on his feet, had bloodshot, glassy eyes and was slurring his words, and he gave oral admissions to the police about drinking and driving,” Suffolk County District Attorney Tom Spota said in a statement.

Police at the crash scene, just east of Horseblock Road, charged the suspect with driving while intoxicated, the DA’s office said, and a blood test two hours after the crash showed a blood-alcohol content of 0.17 as well as cocaine.

While D’Eletto was pronounced dead at the scene, O’Brien was treated for non-life-threatening injuries at Brookhaven Memorial Hospital Center in East Patchogue.

According to Spota, another driver allegedly saw the defendant drive into oncoming traffic three times about 20 minutes before the fatal crash, at a location north of the Long Island Expressway.

“Then on Sunrise Highway, several drivers reported to police they had to go onto the median or the shoulder of the road to avoid a collision with O’Brien,” Spota said.

The DA’s Office said O’Brien has been remanded to jail for the now numerous charges, from an indictment unsealed Monday, which include second-degree murder by depraved indifference; aggravated vehicular homicide; second-degree manslaughter; second-degree vehicular manslaughter; first-degree reckless endangerment; aggravated driving while intoxicated; driving while intoxicated; driving while impaired by a drug; driving while impaired by the combined influence of alcohol and a drug; and reckless driving.

O’Brien’s attorney, Hauppauge-based Scott Gross, called the crash a “significant tragedy” but maintained his client’s innocence.

“We’re going to evaluate the evidence,” he said in a phone interview Tuesday, “take a look at what the prosecution provides and then make our determination as to how to proceed from there.”

Gross added that the DA’s office had until recently pursued the case as a misdemeanor and said that would not have been true if it had a strong case.

“Their delay is indicative of provability issues,” the attorney said.

O’Brien is due back in court before State Supreme Court Justice Fernando Camacho on April 4.

File photo

The Suffolk County Police Department arrested the owner of a Stony Brook market over the weekend for allegedly having an employee younger than 18 years old sell alcohol to a minor, authorities said.

Cops combed through several North Shore businesses across East Setauket and Port Jefferson Saturday night before they collared Sein Sein Win, 49, of Stony Brook, who owns the University Asian Market at 1099 Rt. 25A in Stony Brook. Police said she employed a clerk who sold alcohol to a minor and issued her a field appearance ticket.

The business owner was scheduled to appear in court on May 12, authorities said.

Other establishments police inspected that were ultimately in compliance with the law included the BP gas station at 728 Rt. 25A in East Setauket; Shell gas station, located at 195 Route 25A, East Setauket; Port Jefferson Village Grocery, located at 328 Main St. Port Jefferson; 76 gas station, located at 200 Patchogue Rd. Port Jefferson;  Kool Mart, located at 600 Hallock Rd. Port Jefferson Station; Speedway gas station, located at 501 Route 112, Port Jefferson Station; Speedy Mart, located at 1034 Route 112, Port Jefferson Station and the Speedway gas station, located at 1445 Route 112, Port Jefferson Station.

Divers with the Suffolk County Police Department pursue the aircraft as the missing person search continues. Photo from Margo Arceri

Story last updated on 3.22.16, at 11:20 a.m.

By Elana Glowatz

A dead body found on a beach near Port Jefferson Harbor is not the man who went missing following a plane’s crash-landing at the end of February.

The Suffolk County Police Department said Thursday that Homicide Unit detectives are investigating the man’s death, but it appears he drowned. Authorities identified him as 28-year-old Marlon Lewis, who is homeless.

A Port Jefferson Village code enforcement officer found the body at about 1:45 p.m., police said, at which point police officers responded to the scene at the beach.

Code Chief Wally Tomaszewski said in a phone interview that the code bureau’s Sgt. Steve Grau spotted Lewis’ body in the water near the Centennial Park beach from his position on the village’s dock, in front of the Village Center. The sergeant originally thought the victim was a woman because he was in a dress, according to the chief.

Tomaszewski said the code officers have seen Lewis around the village for the last five years or so, usually uptown in the morning, and he would get food at a soup kitchen in the downtown area on Mondays.

According to police, the Suffolk County medical examiner’s office will perform an autopsy.

Lewis’ body washed up almost four weeks after a small plane, carrying four people, crash-landed in Setauket Harbor near Poquott.

The Piper PA-28 had taken off from Fitchburg, Mass., and was headed for Republic Airport in Farmingdale on Feb. 20 when it experienced engine trouble and the student pilot, 25-year-old Bronx resident Austricio Ramirez, handed the controls over to his instructor.

The National Transportation Safety Board released a report two weeks later that said the aircraft, flying at about 2,000 feet, had low amounts of fuel and had been operating for about five hours since last having its tank filled. The engine eventually lost power and the instructor, 36-year-old Queens resident Nelson Gomez, tried to head for the shoreline, but it was too dark to see it.

That’s when the instructor landed the plane on the water, and told his passengers to take a life vest and exit the plane. However, according to the NTSB report, they were not wearing the vests when they got out of the plane, which floated for about five minutes before sinking nose-first.

Emergency personnel rescued Ramirez, Gomez and a third man, Wady Perez, a 25-year-old from Queens. But the fourth passenger, 23-year-old Queens man Gerson Salmon-Negron, is still missing.