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District Attorney

Terrill Simmons mugshot from SCPD

By Elana Glowatz

A heroin task force has just busted four people living across the street from the John F. Kennedy Middle School in Port Jefferson Station, including one who was found trying to flush drugs down the toilet, authorities said Thursday.

Terrill Simmons mugshot from SCPD
Terrill Simmons mugshot from SCPD

Agencies within the Suffolk County District Attorney’s Heroin Task Force executed a search warrant at the two-story Jayne Boulevard home on Monday, the DA’s office said in a press release, seizing raw heroin, 100 grams of crack cocaine, 50 grams of powdered cocaine, scales, wax packets and other supplies.

Authorities arrested one of the suspects at the scene, 38-year-old Terrill E. Simmons, charging him with criminal possession of a controlled substance, criminal possession of marijuana, criminal use of drug paraphernalia, endangering the welfare of a child and tampering with evidence, after he allegedly was found flushing heroin down the toilet as detectives entered the house.

Police have also charged a father-son pair, 48-year-old Daniel Dumas and 27-year-old Daryl Dumas, with criminal possession of a controlled substance and criminal use of drug paraphernalia. The son also faces charges of criminal sale of a controlled substance and criminal sale on or near school grounds.

Moneke Alexander mugshot from SCPD
Moneke Alexander mugshot from SCPD

A fourth suspect, 38-year-old Moneke Alexander, listed as a legal resident of Rhode Island, was charged with criminal possession, use of drug paraphernalia and endangering the welfare of a child.

A previous attorney for Daryl Dumas, Patchogue-based Daniel Henthorne, said he had not yet taken the defendant’s case, but “if we take the case then we’ll know more information.” Other attorney information for Dumas was not available. Alexander’s attorney, Riverhead-based Annette Totten, did not return a call seeking comment, while Simmons and the elder Dumas are both listed as representing themselves on the state court system’s online database and could not be reached for comment.

According to the DA’s office, each defendant pleaded not guilty to their respective charges in court on Wednesday.

The child endangerment charges stem from the alleged location of the drugs in the house: District Attorney Tom Spota said most of the heroin, crack and cocaine was found in boxes next to a 2-year-old’s bed — they were allegedly in the bedroom of Alexander’s son.

According to the DA’s office, Suffolk County Child Protective Services is caring for the child.

Daniel Dumas mugshot from SCPD
Daniel Dumas mugshot from SCPD
Daryl Dumas mugshot from SCPD
Daryl Dumas mugshot from SCPD

“Dealing drugs across the street from a school and the storage of these dangerous narcotics within feet of a child’s bed tell you all you need to know about these defendants’ disregard for everything other than getting and selling heroin and other drugs,” Spota said in a statement. “The shutdown of this operation is good news for the community.”

The heroin task force, which is made up of investigators from the DA’s office, county sheriff’s office and police department, had been investigating heroin trafficking within Brookhaven Town for several months at the time of the bust.

Bail was set at $15,000 cash or $30,000 bond for Alexander; $35,000 cash or $70,000 bond for Daniel Dumas; $75,000 cash or $150,000 bond for Daryl Dumas; and $100,000 cash or $200,000 bond for Simmons.

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.

Suffolk County District Attorney Tom Spota outlines the investigation on Wednesday. Photo by Alex Petroski
A makeshift memorial is erected at the scene of the fatal Cutchogue crash. Photo by Phil Corso
A makeshift memorial is erected at the scene of the fatal Cutchogue crash. Photo by Phil Corso

By Phil Corso & Alex Petroski

Story last updated 3.17.16, 8:15 a.m.

A fatal crash was the result of a limousine’s dangerous U-turn at a busy intersection in Cutchogue, and on Wednesday, a special grand jury placed the blame on the driver.

Carlos F. Pino, 58, of Old Bethpage, surrendered to police Wednesday and was arraigned on four charges of criminally negligent homicide, four counts of assault, failure to yield the right of way, reckless driving and other traffic violations, Suffolk County District Attorney Tom Spota said. Pino was attempting a U-turn near the intersection of Depot Lane and County Route 48 on July 18 when Steven Romeo, 55, of Peconic, T-boned the limo, killing four and injuring six.

The crash killed Smithtown’s Brittney Schulman, 23, and Lauren Baruch, 24, as well as Stephanie Belli, 23, of Kings Park, and Amy Grabina, 23, of Commack, who were all riding in a limousine in the middle of a weekend wine tour on the eastern part of the Island. The collision also injured passengers Joelle Dimonte, 25, of Elwood, Melissa Angela Crai, 23, of Scarsdale, Alicia Arundel, 24, of Setauket, and Olga Lipets, 24, of Brooklyn. Romeo, the DA said, was operating the truck under the influence of alcohol and was charged with driving while intoxicated the day of the crash.

Pino pleaded not guilty to the charges on Wednesday and was given a cash bail $50,000 and bond of $100,000. His next court date was scheduled for April 19. Romeo also pleaded not guilty to two counts of driving while intoxicated and one charge of driving while ability impaired by alcohol on Wednesday and was released with his next court date set for April 26.

“I think they may have been somewhat surprised,” Spota said when family members of the victims were notified that Pino, and not Romeo, would be indicted as a result of the crash. “They either expected that it would be the other way around, that Romeo would be the party who would be completely at fault, or perhaps it was just a totally unavoidable accident. Indeed, what the grand jury has found out is that it was totally unavoidable, only as to Romeo, but not as to Pino.”

At the scene, Pino had told police he did not see any oncoming traffic, Spota said. But the subsequent investigation revealed why.

The county had been investigating the crash over recent months, and on Wednesday, the DA announced that while Romeo may have been driving while impaired, the risky U-turn still made it nearly impossible for the collision to be avoided. The grand jury conducted a five-hour investigation of the crash and found that Pino had “limited sight lines looking into westbound traffic” because a Jeep Liberty was positioned in the intersection waiting to turn left onto Depot Lane, Spota said in a statement.

Spota said the Jeep Liberty “completely blocked the limo driver’s view of the oncoming traffic in the main travel lanes.” And despite the fact that the main westbound travel lanes were not visible, the DA said Pino failed to take any precaution to make sure he could safely enter the westbound travel lanes and he continued to make the U-turn.

“A perfectly sober Steven Romeo could not avoid this crash. An intoxicated Steven Romeo could not avoid this crash. It was simply unavoidable from Romeo’s perspective,” Spota said. “Romeo can be held criminally responsible for driving while intoxicated but he cannot be held criminally responsible for the crash.”

Related: Vineyard visit ends in tragedy for Commack, Smithtown West grads

Southold Police Chief Martin Flatley said during the press conference that unfortunately many limo drivers exiting Vineyard 48 in Cutchogue try to make the dangerous left U-turn that ended up being fatal, because it is the fastest route to head back west.

“There are other ways to head back west, but that’s the easiest way for them to do it,” Flatley said.

There is now a traffic light at that intersection, Flatley said.

Spota said Romeo was heading west at about 55 miles per hour when the crash occurred. He did not see the limo enter the intersection until he was about 200 feet away, the district attorney said.

“Mr. Romeo had only 200 feet to react to the hazard he saw, and stop his vehicle,” Spota said. “Traveling at 55 mph, it would have taken 1.6 seconds to perceive the limo in his path, to realize he must apply his brakes, and then to begin braking.  This would leave Romeo with even less distance, 129 feet, to avoid a crash — impossible for him to do. In fact our experts tell us that at 55 mph it would have taken anyone 263 feet to stop and avoid the crash.”

After investigating the crash, Spota said the incident was “unavoidable,” thus keeping a grand jury from indicting Romeo for vehicular manslaughter or criminally negligent homicide.

From left, Amy Grabina, Brittany Schulman, Lauren Baruch and Stephanie Belli. Photos from Facebook
From left, Amy Grabina, Brittany Schulman, Lauren Baruch and Stephanie Belli. Photos from Facebook

Belli, Baruch and Schulman were all decorated members of the national and language honor societies by the time they graduated from Smithtown High School West. Over the summer, schools Superintendent James Grossane said Belli, a 2010 graduate, had an infectious smile and was an enthusiastic student and member of the district’s championship kick line team. Baruch, a 2009 graduate, was best known for her booming laugh and unforgettable smile, Grossane said. Schulman, he said, was another 2010 graduate and had a profound love for her family.

Grabina graduated in 2010 from Commack High School and went on to pursue accounting at Florida State University, ultimately landing a job at Ernst & Young in Tallahassee, Fla.

Sheldon Leftenant, the man who allegedly shot police officer Mark Collins, is escorted out of the 3rd Precinct on his way to arraignment in March. File photo by Barbara Donlon

A trial will begin Tuesday for a man accused of shooting an officer after fleeing a police stop in Huntington Station last winter.

Officer Mark Collins was seriously injured when he was shot in the neck and the hip on the night of March 11 during an alleged struggle with the suspect, 23-year-old Huntington Station resident Sheldon Leftenant, who has pleaded not guilty to attempted aggravated murder of a police officer, second-degree criminal possession of a weapon and resisting arrest.

Suffolk County District Attorney Tom Spota said earlier this year that Leftenant faces up to life in prison if he is convicted.

Collins was in plainclothes while working for the 2nd Precinct’s gang unit on the night of the shooting, and helped pull over a car in which Leftenant was a passenger, Spota said. When asked to get out of the car, the suspect fled and Collins gave chase until he cornered Leftenant, an alleged member of the “Tip Top Boyz” street gang, on Mercer Court.

“He had his police-issued Taser in hand,” Spota said. “He never drew his weapon.”

The DA said at the time that Collins, who was unaware the suspect had a gun, used his Taser on Leftenant twice, hitting him in his back.

Sheldon Leftenant, the man who allegedly shot police officer Mark Collins, is escorted to his arraignment in March. File photo by Barbara Donlon
Sheldon Leftenant, the man who allegedly shot police officer Mark Collins, is escorted to his arraignment in March. File photo by Barbara Donlon

“While it brought the defendant to the ground, unfortunately it did not completely immobilize him,” Spota said.

When Collins went to handcuff Leftenant in that Mercer Court driveway, there was struggle, he said. A gun fired four times in quick succession and Collins was shot in the hip and in the neck, close to his carotid artery.

“Collins knew right away he had been shot because he couldn’t feel anything on his right side and he couldn’t move at all his right arm or his right leg,” Spota said.

To protect himself, the injured officer dragged himself over to a stoop and took cover under his bulletproof vest, facing it toward the suspect.

Spota said Leftenant fled after the shooting and dropped the weapon in the backyard of a neighboring property before hiding about a quarter of a mile from the scene.

Canine unit officers arrived and found both the gun allegedly used to shoot Collins as well as Leftenant.

At the time of Leftenant’s arraignment, defense attorney Ian Fitzgerald said his client was sorry to be in this situation, but wouldn’t comment any further.

A handful of the suspect’s family members were in the audience at that court appearance. They would not comment on Leftenant’s case either, but they left the courtroom chanting, “Free Shel.”

This case was not the first time Leftenant’s name had been involved in a shooting. About seven months earlier, he was shot in the groin while standing with a group of people in front of his Tippin Drive home, when two vehicles drove by and someone fired a gun.

At that time, police said Leftenant was originally treated for non-life-threatening injuries at Huntington Hospital and later underwent surgery at North Shore University Hospital in Manhasset.

Although Collins was seriously wounded in the shooting last March, he has since recovered and returned to work, the DA’s office said recently, calling the officer “a decorated 13-year veteran.”

The two other shots from the .38-caliber revolver were found inside the home on whose property the struggle took place, the DA said, but no one inside at the time was injured.

Opening statements in Leftenant’s trial were scheduled to begin at 10 a.m. on Tuesday in Riverhead.

 

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File photo

A Hauppauge woman was arrested for drunk driving early Tuesday morning after her car collided with a county vehicle, injuring both her and the other driver.

The Suffolk County Police Department said Michael Maxwell, a district attorney investigator, was driving a county-owned 2008 Ford Explorer east on Route 347 shortly after 1 a.m. when he collided with a 2004 Toyota Sequoia that had been going south on Mount Pleasant Road. After crashing with the Ford, the Toyota struck a building on Mount Pleasant.

Police did not specify which driver caused the crash.

Maxwell, 52, was pinned inside the Ford, police said, and Emergency Services Section officers extricated him. Both he and the Toyota’s driver, 20-year-old Amanda Dellegar, were treated for non-life-threatening injuries at Stony Brook University Hospital.

Police arrested Dellegar and charged her with driving while intoxicated.

Attorney information for the defendant was not immediately available. Police said she would be arraigned at a later date.

Anyone with information about the crash is asked to call the SCPD’s Vehicular Crime Unit detectives at 631-852-6555.

Highway Superintendent Glenn Jorgensen patches a pothole in the Town of Smithtown as another highway department staffer looks on. File photo by Rachel Shapiro

Smithtown Highway Superintendent Glenn Jorgensen (R) has resigned and pleaded guilty to felony and misdemeanor charges in a scheme to alter road-repaving records from last year.

Jorgensen, 63, pleaded guilty in New York State Supreme Court in Riverhead on Thursday, Oct. 15, to a felony charge of offering a false instrument for filing and a misdemeanor charge of official misconduct as part of a plea deal with the Suffolk County District Attorney’s Office.

He will be sentenced on Dec. 11 to four months of jail but will serve an alternative sentence in lieu of jail of 570 hours of community service, and will receive three years probation, according to Robert Clifford, spokesman for the Suffolk County District Attorney’s office.

“This disposition compels the defendant to resign from his elected position and his admission of guilt before the court confirms the facts uncovered during the investigation,” Clifford said in a statement. “As the Superintendent of Highways Mr. Jorgensen knowingly had false information about the paving of town roads filed as an official town record, and he knowingly directed that inaccurate information be filed to make it appear as though the roadwork met state mandatory specifications.”

Vecchio’s office confirmed that Jorgensen resigned from his position as of Friday, Oct. 16.

In April, Jorgensen was charged with tampering with public records, falsifying business records, filing false records, official misconduct and grand larceny, Suffolk County District Attorney Tom Spota said. Initially, Jorgensen pleaded not guilty to the charges.

At the time, Jorgensen, of St. James, was accused of altering road construction reports and stealing a public work order for an improper repaving. He tried to conceal his approval of paving at least eight Smithtown streets in freezing temperatures last November and then directed a highway foreman to alter the record of the weather conditions done during the repaving work.

District attorney detectives found work orders for the improper repaving jobs hidden under Jorgensen’s bed at his Hope Place residence.

“State Department of Transportation construction standards dictate asphalt must not be applied to a road surface in freezing temperatures, and in fact, the town’s own engineer has said repaving in freezing weather would result in the asphalt falling apart,” Spota said in an April statement. “The repaving of a residential street doesn’t happen that often and when it does, residents are paying for a job done correctly, not a faulty repaving that will soon need pothole repair work.”

Supervisor Pat Vecchio (R) has said he felt Jorgensen should resign from his post amid the slew of accusations.

“It is a sad occurrence and I will have no comment other than I have sympathy for Mr. Jorgensen and his family,” Vecchio said in an email on Tuesday morning.

Jorgensen had also been accused of sexual harassment involving his former secretary. The town was issued a notice of claim alleging he sexually harassed her in December. The claim also alleged he had taken her out to job sites, out to eat and eventually fired her after finding out she was dating an employee of the highway department. Earlier this year, Vecchio publicly called Jorgensen out for taking his new secretary out to job sites, going against the Suffolk County Civil Service’s job description for the position.

“It seems to me that you are either not comprehending why the position exists, you have a disregard for civil service law or you are mocking the town board and the public,” Vecchio said of Jorgensen bringing his new secretary to the job site in April.

Smithtown Democratic Committee Chairman Ed Maher also called for Jorgensen’s resignation in April, and said it was an outrage that the taxpayers were funding his salary.

Jorgensen worked for the Smithtown Highway Department for 37 years, and won election for highway superintendent in 2009 and 2013.

Jorgensen’s attorney could not be reached for comment this week.

Christopher Foster mugshot from the DA's office

A Long Island man has been convicted of beating his month-old son to death and faces up to 25 years in prison.

According to the Suffolk County District Attorney’s Office, a jury convicted the 32-year-old Kings Park man of first-degree manslaughter and endangering the welfare of a child four years after the boy, who was 43 days old, was killed.

The defendant, Christopher Foster, was found not guilty of second-degree murder.

The DA’s office said in a press release that an autopsy showed infant Jonathan Hertzler had suffered a fractured skull, four broken ribs and bruises on his face. When he died on Oct. 11, 2011, his fatal injuries had been caused by multiple blows.

Clarissa Hertzler, the boy’s mother, testified that Foster often became angry when the baby cried, the DA’s office said, and the infant “was a source of constant aggravation.”

According to the DA’s office, Assistant District Attorney Dana Brown told the jury that the night the baby died, Foster was the last person to hold him. She said Foster called his boss — not 911 — to report Jonathan was not breathing.

First-degree manslaughter is a Class B felony, and is defined as occurring when an adult intends to cause physical injury to someone younger than 11 years old and “recklessly engages in conduct which creates a grave risk of serious physical injury … and thereby causes the death of such a person,” the DA’s office said.

Foster was remanded to the county jail and will be sentenced on Sept. 8. He faces up to 25 years in state prison.

File photo

The Kings Park woman charged with driving while intoxicated after a fatal Smithtown crash killed an Island Park man in March pleaded not guilty to a 12-count indictment on Wednesday, Suffolk County District Attorney Thomas Spota said.

Natalia Simons, 36, was driving her Nissan Rogue north on Route 25A when she crossed over into the southbound lane around 12:05 a.m. on March 13, colliding with 59-year-old Larry Garwood’s Toyota Camry, Spota said.

Garwood, who worked as a radiology supervisor at St. Catherine of Siena Medical Center, was taken to the same hospital, where he was pronounced dead, Spota said. Simons was taken to Stony Brook University Hospital via Smithtown Ambulance, police said.

Simons was charged with aggravated vehicular homicide, first-degree and second-degree vehicular manslaughter, second-degree assault, aggravated driving while intoxicated, driving while intoxicated, reckless driving, speeding and failure to maintain a lane, the DA said.

She was released on $50,000 bail, Spota said.

Highway Superintendent Glenn Jorgensen patches a pothole in the Town of Smithtown as another highway department staffer looks on. File photo by Rachel Shapiro

Smithtown Highway Superintendent Glenn Jorgensen pleaded not guilty Wednesday to felony charges accusing him of tampering with public records for a town paving project, Suffolk County District Attorney Thomas Spota said.

Jorgensen, 63, of St. James, was directed to appear in First District Court in Central Islip for his arraignment, where he faced several charges, including tampering with public records, falsifying business records, filing false records, official misconduct and grand larceny, relating to incidents dating back to Nov. 18, 2014.

The district attorney alleged that Jorgensen directed a highway foreman to alter road construction reports to conceal that he had approved a contractor, Suffolk Asphalt Corporation of Selden, to pave at least eight Smithtown streets in freezing temperatures in November. The altered records misrepresented the weather conditions during the repaving work, Spota said.

Jorgensen’s misdemeanor grand larceny charge also accused him of stealing a public work order for the improper repaving and taking the official document home. District attorney detectives found the records in Jorgensen’s Hope Place residence, under his bed, Spota said.

“State department of transportation construction standards dictate asphalt must not be applied to a road surface in freezing temperatures and, in fact, the town’s own engineer has said repaving in freezing weather would result in the asphalt falling apart,” Spota said. “The repaving of a residential street doesn’t happen that often and when it does, residents are paying for a job done correctly, not a faulty repaving that will soon need pothole repair work.”

Both Jorgensen and Anthony M. La Pinta, a Hauppauge-based attorney representing him, did not return calls seeking comment.

Jorgensen has authority over 142 employees with a $30 million annual operating budget to pay for snow removal and the paving, drainage and maintenance of roughly 450 miles of roads and curbs in the town. He was first elected in 2010 to serve as superintendent, but has worked in the department for 37 years in various capacities, including as a foreman. He left retirement in 2009 when he was elected superintendent and was re-elected in 2013.

Smithtown Supervisor Patrick Vecchio declined to comment on the district attorney’s charges against the highway superintendent.