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Suffolk County District Attorney Ray Tierney

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Carlos Lauro

Suffolk County District Attorney Raymond A. Tierney announced on Jan. 18 that Carlos Lauro, 76, of Riverhead, pleaded guilty to fatally shooting a German Shepherd with a rifle and was sentenced to one year in jail and a 20-year ban on owning or possessing animals.

“Our Biological, Environmental, and Animal Safety Team, the Suffolk County Police Department, and the Riverhead Police Department put together a solid case, and the defendant’s only recourse was to plead guilty,” said District Attorney Tierney. “This kind of cruelty will not be tolerated by my office, nor the people of Suffolk County, and the swift sentence of one year in jail demonstrates that. Let this serve as a warning to anyone seeking to injure animals.”

“Thanks to the swift action of the Suffolk County District Attorney’s Office and its Biological, Environmental, and Animal Safety Team, animal abuser Carlos Lauro will spend the rest of 2024 in jail and won’t be allowed to own another companion animal until he is nearly 100 years old,” said John Di Leonardo, anthrozoologist and Executive Director of Humane Long Island. “Humane Long Island has removed nearly 100 animals, including three cows, 10 freezing piglets, a dozen waterfowl, and dozens of sick and injured chickens, sheep, goats, and a bunny from Carlos Lauro’s slaughterhouse and an adjacent property, but the public can save twice as many animals annually simply by going vegan. Learn more at HumaneLongIsland.org.”

The investigation was launched on January 10, 2024, when a one-year-old German Shepherd was taken to the VCA Veterinary Hospital in Westbury and found to be paralyzed from a gunshot wound to the head. According to a witness, the dog, named “Blitzkrieg,” was allegedly found shot at about 5:30 p.m., laying in a pen on Lauro’s property next to a dead goat. When detectives with the SCDA’s Biological, Environmental, and Animal Safety Team (BEAST) arrived at Lauro’s home, they learned that approximately one month prior, Lauro had shot and killed another German Shepherd, a six-month old puppy named “Cranky.” Lauro shot Cranky in the back, and when another resident of the house took the dog back inside the home in an attempt to console and treat his wounds, Lauro dragged the dog back outside and shot Cranky in the head, killing her.

At Lauro’s home, BEAST detectives found five surviving Belgian Malinois/Dutch Shepherd mix dogs, a Border Collie dog, two German Shepherd dogs, and numerous other animals including a multitude of goats, pigs, cows, chickens, and geese. Multiple other deceased farm animals, including a baby goat and pig, were observed at the scene.

On January 11, 2024, BEAST detectives with the assistance from the the Riverhead Police Department, executed a search warrant against the premises and arrested Lauro.

On January 18, 2024, Lauro pleaded guilty before Riverhead Town Justice, the Honorable Lori M. Hulse, to the unjustified killing of an animal, a Class “A” misdemeanor. Lauro also pleaded guilty to Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree, an Unclassified misdemeanor, stemming from an unrelated case. As conditions of his plea, Lauro was sentenced to one year in jail, was issued a 20-year ban on owning or possessing animals, and all the surviving animals owned by Lauro were surrendered. Lauro was represented by the Legal Aid Society of Suffolk County for both cases.

This case was prosecuted by Assistant District Attorney Brooke Salvatore of BEAST, with investigative assistance from Suffolk County Police Department BEAST Detective Joanna Westrack.

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

Suffolk County District Attorney Raymond A. Tierney today announced the arrest of Carlos Lauro, 76, of Riverhead, who is accused of Aggravated Cruelty to Animals and other related charges for allegedly fatally shooting two German Shepherds with a rifle.

“This is a particularly horrific example of cruelty,” said District Attorney Tierney. “While we unfortunately could not rescue all of the animal victims that our investigators found on this defendant’s property, we will seek justice for them.”

“Mr. Lauro is repeatedly the subject of various complaints to the Town regarding the condition of and activities at his Sound Avenue property. Responses to his property by Town Code Enforcement officials have revealed and led to prosecutions by the Riverhead Town Attorney’s Office for illegal animal sales, attempts to operate an illegal slaughterhouse, dilapidated and illegal structures, loose farm animals, and general property maintenance,” said Erik C. Howard, Town of Riverhead Attorney. “The Riverhead Town Attorney’s Office applauds the Suffolk County District Attorney’s prosecution of Mr. Lauro and is prepared to assist in any way necessary to secure a conviction for Mr. Lauro’s reprehensible conduct and wanton disregard for the life of a companion animal

“Animals, whether dogs or goats, sheep or chickens experience terror and fight for their lives just as we would when faced with the prospect of slaughter, yet for the animals at this illegal backyard slaughter operation, the experience was made even more horrific, with sick and injured animals living among the corpses of their friends,” said John Di Leonardo, anthrozoologist and Executive Director of Humane Long Island. “Humane Long Island thanks the Suffolk County and its Biological, Environmental, and Animal Safety Team for prosecuting this heinous case of aggravated animal cruelty and reminds the public that they too can save hundreds of animals annually by simply leaving them off their plates.”

The current investigation was launched on January 10, 2024, when a one-year-old German Shepard was taken to the VCA Westbury Veterinarian Hospital in Westbury and found to be paralyzed from a gunshot wound to the head. According to a witness, the dog, named “Blitzkrieg,” was found shot at about 5:30 p.m. laying in a pen on Lauro’s property next to a dead goat. When detectives with the SCDA’s BEAST unit arrived to Lauro’s home, they learned Lauro had previously shot and killed another German Shepard, a six-month old puppy named “Cranky,” approximately a month prior because the dog was allegedly refusing to go back inside his house. The allegations of that event were that Lauro had shot Cranky once in the back and, then, when another resident took him back inside the house in an attempt to console and treat his wounds, Lauro dragged the dog back outside and shot him in the head.

At the home, BEAST detectives found five surviving Belgian Malinois/Dutch Shepard mix dogs, a Border Collie and two German Shepard dogs, and numerous other animals including a multitude of goats, pigs, cows, and chickens.

On January 11, 2024, the BEAST Detectives with the assistance of the Riverhead Police Department executed a search warrant against the premises and arrested Lauro on felony charges for allegedly shooting the dogs. Numerous other deceased farm animals, including a baby goat and pig, were observed at the scene. The circumstances of their deaths are still being investigated.

Further investigation revealed that the surviving eight dogs, goats, pigs, cows, and chickens had been subject to neglect, living in deplorable conditions without access to clean food and water. Humane Long Island has been assisting the field operation by triaging farm animal victims to appropriate foster care.

While the investigation is ongoing, Lauro has been initially charged with one count of Aggravated Cruelty to Animals, a Class E felony, and three counts of Neglect of an Impounded Animal, Unclassified Misdemeanors.

At his arraignment, Riverhead Town Justice Court Judge, the Honorable Sean Walter ordered Lauro to be held without bail. Lauro is being represented by the Legal Aid Society of Suffolk County. His next court date is January 17, 2024.

This case is being prosecuted by Assistant District Attorney Brooke Salvatore of the Biological, Environmental, and Animal Safety Team (BEAST), with investigative assistance from Suffolk County BEAST Detective Joanna Westrack.

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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.

_____________________________________

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

Suffolk County District Attorney Raymond A. Tierney recently announced that Albert Coppedge, 49, of Coram, pleaded guilty to Manslaughter in the First Degree, for beating his landlord, 62-year-old Kenneth Mitchell, to death with a dumbbell, and stealing money from his wallet afterwards.

“This defendant’s guilty plea does not take away the pain of the loss that Mr. Mitchell’s friends and loved ones have endured. I hope that this resolution allows them some closure for this horrific act of violence,” said District Attorney Tierney. “I want to thank our prosecutors for securing this conviction, as well as the Suffolk County Police Department for their investigation in this case.”

According to court documents and the defendant’s admissions during his guilty plea allocution, on December 6, 2020, shortly after 11 a.m., multiple eyewitnesses saw Coppedge and Mitchell, his landlord, engaged in a verbal altercation in the backyard of their home in Coram. Coppedge was later seen wielding a dumbbell and then repeatedly striking Mitchell in the head while Mitchell was pleading for Coppedge to stop. Coppedge then took Mitchell’s wallet and removed a large sum of cash before fleeing the property. Mitchell was taken to Long Island Community Hospital where he was pronounced dead. Several hours after the attack, Coppedge returned to the scene where he encountered law enforcement, and he was placed under arrest.

On December 20, 2023, Coppedge pleaded guilty before Acting Supreme Court Justice, the Honorable Steven A. Pilewski, to Manslaughter in the First Degree, a Class B felony. Coppedge is due back in court for sentencing on January 26, 2024. Coppedge is being represented by Christopher Brocato, Esq.

This case is being prosecuted by Assistant District Attorney Dena Rizopoulos of the Homicide Bureau, with investigative assistance from Detective Scott Aquilino of the Suffolk County Police Department’s Homicide Squad.

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

Suffolk County District Attorney Raymond A. Tierney announced on Jan. 5 that Patrick J. O’Connor, 38, James O’Connor, 19, and a minor, were indicted for alleged Assault in the Second Degree and other related charges for their involvement in a physical altercation they had with other family members that occurred on Sunrise Highway in Lindenhurst.

“As alleged, these defendants brazenly began a physical brawl in the middle of Sunrise Highway, putting their family and the public at serious risk of harm,” said District Attorney Tierney. “Fortunately, there were not more serious injuries or casualties that resulted out of this violent feud.”

According to the investigation, on December 17, 2023, Patrick O’Connor and his 32-year-old cousin allegedly had an encounter in a Centereach restaurant. The confrontation escalated and Patrick O’Connor allegedly attempted to strike his cousin with beer bottles.

Three days later, on December 20, 2023, Patrick O’Connor and his cousin saw each other again in Hauppauge. The cousin and his father then got into a white GMC Sierra pickup truck and followed the Ford F-150 pickup truck that Patrick O’Connor was driving.

As both vehicles approached the vicinity of Sunrise Highway in Lindenhurst, James O’Connor, Patrick O’Connor’s son, arrived at the same location in a Toyota Tundra with his three younger siblings, ages 16, 12, and 4, in the car. James O’Connor then allegedly rammed the back of the GMC Sierra, causing his own vehicle to flip onto its side. None of the children in the Toyota were injured.

When the cousin and his father exited their GMC Sierra, Patrick O’Connor allegedly began to repeatedly strike the cousin on the head with a wooden stick. James O’Connor allegedly began to assault the cousin while Patrick O’Connor and the minor continued to strike him with the wooden sticks. The cousin’s brother showed up to the scene during the fight and was allegedly similarly assaulted by the defendants. Unrelated civilians intervened, and the defendants, along with the minor children, allegedly fled the scene but were apprehended by members of the Suffolk County Police Department later that day.

The victims were treated at Good Samaritan hospital. One of the victims received staples to his head, suffered two black eyes, and had significant bruising and pain in his shoulder and back. The other suffered an abrasion to his lip, bruising and cuts to his hands, and head and back pain.

James O’Connor was indicted for:

  •   Two counts of Assault in the Second Degree, Class D felonies;
  •   One count of Reckless Endangerment in the Second Degree, a Class A misdemeanor;
  •   Two counts of Endangering the Welfare of a Child, Class A misdemeanors; and
  •   One count of Leaving the Scene of an Incident Without Reporting, a traffic infraction.

    Patrick O’Connor was indicted for:

  •   Two counts of Assault in the Second Degree, Class D felonies;
  •   One count of Attempted Assault in the Second Degree, a Class E felony; and
  •   One count of Menacing in the Second Degree, a Class A misdemeanor.

    The minor was indicted for two counts of Assault in the Second Degree, Class D felonies.

On January 4, 2024, all three defendants were arraigned on the indictment by Acting Supreme Court Justice, the Honorable Karen Kerr.

Justice Kerr ordered James O’Connor held on $100,000 cash, $200,000 bond, or $500,000 partially secured bond during the pendency of the case, and he was ordered to surrender his passport. He is due back in court on January 23, 2024, and is being represented by Eric Besso, Esq.

Justice Kerr ordered Patrick O’Connor held on $100,000 cash, $200,000 bond, or $500,000 partially secured bond during the pendency of the case, and he was ordered to surrender his passport. He is due back in court on January 17, 2024, and is being represented by Emrah Artukmac, Esq.

Justice Kerr ordered the minor held on $100,000 cash, $200,000 bond, or $500,000 partially secured bond during the pendency of the case, and he was ordered to surrender his passport. He is due back in court on January 17, 2024, and is being represented by the Suffolk County Legal Aid Society.

This case is being prosecuted by Assistant District Attorneys Maria Troulakis and Jonathan Cappiello of the Major Crime Bureau, with investigative assistance from Detective John Caraccia of the Suffolk County Police Department’s First Squad.

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

Suffolk County District Attorney Raymond A. Tierney on Dec. 21 announced the arrests of Tyler J. Grauer, 34, of Blue Point, and Cheri Burke, 53, of Smithtown, both are Corrections Officers with the Corrections Division of the Suffolk County Sheriff’s Office.

Each are separately accused of multiple counts of Falsifying Business Records in the First Degree and Official Misconduct, for allegedly taking leave under the Family and Medical Leave Act (“FMLA”) by falsely claiming that they needed to miss scheduled work shifts to care for sick relatives.

“The Family and Medical Leave Act is intended to help hard working families as they navigate difficult health situations. The allegations here are that these defendants selfishly abused this law to gain extra time off from their jobs to the detriment of their colleagues and the public,” said District Attorney Tierney. “I want to thank Sheriff Toulon for his assistance in this investigation, and for his continuing commitment to fighting public corruption.”

“The Suffolk County Sheriff’s Office has no tolerance for people taking advantage of the system and swindling taxpayers,” said Suffolk County Sheriff Errol D. Toulon, Jr. “Family medical leave is designed for employees in need due to serious family illness, and those who attempt to scam us for their own benefit will be held accountable. Make no mistake, this is not typical behavior of the hardworking men and women of the Sheriff’s Office and I want to thank the District Attorney’s Office for working with us on this investigation to hold these officers responsible for their actions.”

According to the investigation, both Grauer and Burke took leave under the FMLA on multiple occasions, each claiming that they needed to care for a close family member. However, the investigation revealed that on the dates in question, neither Grauer nor Burke were taking care of their sick relatives, but rather were engaged in other activities. For example, on certain dates that Grauer took FMLA leave, he was allegedly in New York while his sick relative was in Florida.

And on certain dates that Burke took FMLA leave, her sick relative was allegedly in North Carolina, while she was in either New York or Colorado. In each instance, the defendants wrongfully received the benefit of taking time off from their respective jobs whenever they chose, and often with the consequence that another corrections officer would be required to work overtime to cover their shifts.

On December 21, 2023, Grauer and Burke were both arrested for the charges of Falsifying Business Records in the First Degree, a Class E felony and Official Misconduct, a Class A misdemeanor. Both defendants were given a desk appearance ticket to appear in court for arraignment on a future date, as required by current New York State law. Grauer’s next court date is scheduled for January 10, 2024, in Suffolk County First District Court in Central Islip and he is being represented by Edward Palermo, Esq. Burke’s next court date is scheduled for January 9, 2024, in Southampton Town Justice Court in Hampton Bays and she is being represented by John Ray, Esq.

These cases are being prosecuted by Assistant District Attorney Stuart P. Levy of the Public Corruption Bureau, with investigative assistance from Suffolk County Deputy Sheriff Investigators Michele Bishop and Matthew Matz.

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Jason Labbe

Suffolk County District Attorney Raymond A. Tierney  announced on Dec. 20 that Jason Labbe, 46, of Medford, pleaded guilty to Auto Stripping in the First Degree and other related charges, for stealing catalytic converters from several locations and stealing a car from a 7-Eleven parking lot.

“This defendant went on a crime spree, stealing multiple catalytic converters and a car from Suffolk County residents and businesses,” said District Attorney Tierney. “When I became District Attorney, I vowed to prosecute these quality-of-life crimes and keep Suffolk County residents safe, and that is what my office will continue to do. If you steal the property of others, we will prosecute you to the fullest extent of the law.”

According to court documents and the defendant’s admissions during his guilty plea allocution, on August 22, 2022, Labbe broke into the parking lot of Broken Arrow Industries in Calverton and removed catalytic converters from three vehicles. In a second incident, on December 5, 2022, Labbe removed a catalytic converter from a work truck parked in front of a home in Shirley. Then, on December 20, 2022, Labbe stole a car that was parked in front of a 7-Eleven convenience store in Medford.

Catalytic converters are a part of a vehicle’s exhaust device and use precious metals in their center to reduce pollutants from a vehicle’s engine. These precious metals make catalytic converters a target for theft.

On December 20, 2023, Labbe pleaded guilty before Acting Supreme Court Justice, the Honorable Steven A. Pilewski, to one count of Auto Stripping in the First Degree, a Class D felony, and two counts of Grand Larceny in the Third Degree, Class D felonies. Labbe is due back in court on February 9, 2024, and is expected to be sentenced to three to six years in prison. He is being represented by Christopher Gioe, Esq.

This case is being prosecuted by Assistant District Attorney Blythe C. Miller of the Financial Crimes Bureau, with investigative assistance from Detective Michael Carrieri of the Riverhead Town Police Department, and Detectives Adam Friedlander and Stephen Masciopinto of the Suffolk County Police Department.

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

Suffolk County District Attorney Raymond A. Tierney announced on Dec. 20 that a 17-year-old juvenile was arrested stemming from an anonymous email threatening to “shoot up” Sequoya High School in Holtsville.

“Anyone thinking of sending an anonymous threat should be forewarned that with the technological abilities of the detectives from my office and the Suffolk County Police Department, we will find you and arrest you,” said District Attorney Tierney. “Unfortunately, under current state law, a mass shooting threat such as this cannot be prosecuted by my office and, as such, this juvenile will be referred to Family Court.”

According to the investigation, on December 13, 2023, an anonymous email was sent to school administrators of Sequoya High School threatening to shoot up the school and warning them to be prepared for bloodshed. As a result, the school was immediately locked down and an investigation by the Suffolk County Police Department (SCPD) and the Suffolk County District Attorney’s Office was launched to ascertain the identity of the sender of the anonymous threat.

In conjunction with SCPD detectives, the Suffolk County District Attorney’s Office traced the email to a residence in Centereach, approximately 15 minutes from Sequoya High School. On December 16, 2023, SCPD officers responded to the residence of the 17-year-old juvenile who admitted to sending the threat saying, “I can’t believe you guys found out it was me.”

The juvenile was arrested and charged with Making a Threat of Mass Harm, a Class B misdemeanor, and because of his age, he was referred to Family Court for further adjudication. A search of the residence confirmed there were no firearms or weapons in the subject’s possession.

This investigation was handled by Assistant District Attorney Patrick E. Fedun of the Major Crime Bureau’s School Task Force with investigative assistance from Suffolk County Police Department Officer Eric Cox of the Fifth Precinct.

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Tenia Campbell

Suffolk County District Attorney Raymond A. Tierney announced on Dec. 13 that Tenia Campbell, 28, of Medford, pleaded guilty to two counts of Murder in the First Degree, after suffocating her twin two-year-old daughters to death in June 2019.

“This is such a sad and tragic case. Those two little girls looked to this defendant, their mother, for protection and love. Instead, she executed them,” said District Attorney Tierney. “The defendant has one thing those twin girls will never have again: life. But now, this defendant will get to live out the majority of her life behind bars.”

According to court documents and the defendant’s admission during her plea allocution, on June 27, 2019, at approximately 2:37 p.m., Campbell’s mother called 911 to report that Campbell was driving around in the family van and was threatening to kill her daughters. Law enforcement launched a large-scale search for Campbell and her daughters between the areas of Medford and Montauk. At approximately 4:00 p.m., an East Hampton Police Officer spotted the van just off Montauk Highway, a few miles west of Montauk Point.

When the officer approached, she saw Campbell outside of the van. The officer walked over to the van and saw Campbell’s two-year old twin daughters dead in their car seats. Campbell later admitted to smothering the girls to death.

On December 13, 2023, Campbell pleaded guilty before Supreme Court Justice, the Honorable Richard Ambro, to two counts of Murder in the First Degree, a Class A violent felony. Campbell is due back in court on January 25, 2024 for a sentencing conference, and is expected to be sentenced to 20 years to life in prison. She is being represented by John Halverson, Esq. This case is being prosecuted by Assistant District Attorney Frank Schroeder of the Homicide Bureau, with investigative assistance from Detective Ron Tavares of the Suffolk County Police Department’s Homicide Squad.

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