Crime & Safety

Sentencing Postponed For Man Charged In Fatal LI Hit-And-Run: Attorney

Sentencing was scheduled for Thursday but due to complications with Suffolk County's computers, a probation report was delayed: attorney.

Daniel Campbell with his attorney and parents.
Daniel Campbell with his attorney and parents. (Lisa Finn / Patch)

AMAGANSETT, NY — The sentencing date has been postponed for a man charged in an Amagansett hit-and-run crash last year that left Devesh Samtani, 18, dead.

According to Edward Burke, Jr. attorney for Daniel Campbell, 20, of Montauk — Campbell pleaded guilty in August to an indictment charge of felony leaving the scene of a crash with injuries before Suffolk County Supreme Court Justice Richard Ambro at the Arthur J. Cromarty Criminal Court complex — while the sentencing was initially scheduled for Thursday, that date was canceled.

"It is canceled due to the fact that the Suffolk computer systems were down and the probation report was unable to be completed," Burke said. He added that there is no new date yet but the sentencing could be in November.

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At the last court date in August, Mala Samtani sat outside the courtroom in Riverhead, cradling a photo of her son, Devesh. In her arms she also tenderly held her son's T-shirt, his favorite — the T-shirt she sleeps with every night and has never washed, because she can still find his scent in the soft cotton.

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Mala and her husband Kishore — who has a tattoo of his son's face on his right arm and his son's nickname, "Devu", on his left, below his heart – traveled from Hong Kong and India for the court appearance scheduled for Campbell.

Both said although they are asking for justice they are dismayed that it might not be served.

According to Ambro, at the sentencing, he'll honor a plea deal that will allow Campbell to do six months of community service in lieu of six months in jail, as well as five years' probation.

Ambro said the agreement was contingent upon Campbell's behavior during the next weeks; he also waived his right to an appeal and must face a mandatory suspension of his driver's license, Ambro said.

Campbell, who appeared in court flanked by his parents and his attorney, Burke, told the judge that he understood the terms of the guilty plea.

After the court appearance, Burke made a statement, stating that Campbell has wanted to "express his remorse and acknowledge responsibility or his actions," something he said he will do at the sentencing date.

"He did just that, he pled guilty to the single count in the indictment," Burke said. "We look forward to addressing the Samtani family, to show his remorse, to show that he's been thinking, to show the family the type of person that he is. . .and express our condolences."

The Samtani family, however, said their voices were not heard in the probation report; they hope to speak out. But, Kishore said, while he hopes it might make a difference and possible jail time, he is not hopeful. "We think it's a done deal," he said.

Kishore said he came on the same flight his son was on, a year ago — before tragedy struck, and when Devesh was heading to the Hamptons for a family reunion before he was slated to begin classes at New York University.

On Aug. 13, 2021, Devesh, 18 died after the hit-and-run crash in Amagansett four days earlier.The crash happened at 11:35 p.m. on Old Stone Highway near Eastwood Court when Campbell, who was driving north in a 2012 Honda Pilot, struck Devesh, who was walking on the side of the road, police said. Campbell drove off and was arrested at his home at 2:43 a.m. Wednesday morning, police said.

Campbell was arrested and charged with leaving the scene of an accident, police said. The SUV he was driving reportedly had 10 people inside. Samtani was transported to Stony Brook University Hospital, where he died, police said.

In January, Campbell was arraigned in Riverhead on the charge one count of leaving the scene of an accident without reporting, a felony, before Ambro, according to his attorney, Burke, Jr.

At the arraignment, Omar Almanzar Paramio, attorney for for Samtani-Kurani family, alleged that after the crash, Campbell went home, traded his car for his parents', and went to meet a friend. Paramio said that later, police found that Campbell had checked Long Island bus and train schedules on his phone and said that Campbell's family owned properties in Westchester County and Pennsylvania.

Burke said that Campbell works at his family's clothing store in Montauk and has no prior involvement with the criminal justice system.

"This was a horrible accident, a horrible tragedy," Burke said.

Of the possibility that Campbell will serve no jail time, Kishore Samtani said, "We are not happy about it. It's a bad example."

Samtani and his family would like to see some jail time served, they said. "We are not vengeful people," he said. "But how is this possible? You hit and kill someone and run away and you just walk away scot free? It's not fair."

Jail time, they agreed, would give Campbell time to reconcile "that what he did was wrong"— and also would serve as a deterrent to keep other young people from leaving the scene of a crash.

He and his family have no words, Kishore said. "Our son is not coming back. Their son will always be there, giving them hugs. He'll be in the house."

His wife, she said, doesn't eat, doesn't sleep. "She is shattered," he said.

Kishore said while Burke said his client was remorseful Campbell and his family have never spoken to them. "He doesn't even look at us," he said. "His parents don't look at us."

Only two of the girls in the car that night asked to be let out; those girls took photos of Campbell's license plate, Kishore said.

Kishore said he and his family were always led to believe that some jail time was a possibility; the news that the decision would be made for community service came as a shock, he said. "It is not fair for us," he said, adding that he wanted to tell his family's side of the story to the probation office, hopeful some change might happen by sentencing.

Of what the loss has meant to his family, Kishore said, "We are finished."

Mala Samtani (right) who lost her son Devesh in a hit-and-run crash in Amagansett 1 year ago, with her mother Sunita Kurani, both cradling his photos, and crying out for justice. Lisa Finn / Patch

Mala, Devesh' mother, also spoke outside the courtroom: "Give me back my son," she said. "My son cannot come home with us. Please explain why I cannot get my son back — and the boy that killed my son can go scot-free just with community service and probation. It's not fair. That's not justice."

Holding her son's photo, her voice breaking, stroking the photo of his face with her hand, he added: "Look at him. Does he deserve to die?"

Mala said the pain is as vivid as a year ago. "It's the same as Day One. It's the same loss today."

Driving to the Hamptons, exactly one year since she first came with her son a year ago, she relived those moments.

"It's the worst nightmare we cannot be fine. People say time will heal wounds. That's our son, how can time heal? I was just thinking, as we drove here, that in life, people have problems. If you have a health issue, you get it fixed; if you have financial issues, you get it fixed. When a life is taken, how do you get it fixed? You cannot."

Kishore said he is totally numb; even when he got the tattoos to honor his son, he felt nothing. "I'm just helpless. Helpless."

Mala, looking at the tattoo on her husband's arm, she said, "That's my baby. . . I want to go where he is, and not be in this world."

Devesh's cousin Kabir Kurani was with him the night of the hit-and-run. "I remember everything about that night," he said. "I have flashbacks, so there's no way I can forget."

Jeff Kurani, the brother of Devesh's mother Mala, said he had a message he wanted to convey. If Campbell receives a sentence of probation or community service, "this criminal act will continue to cause tragedy," he said. "More families will continue to lose loved ones. If no strong punishment is served here, this will continue in the future. You should never allow the driver in a hit-and-run to walk free — can you imagine what kind of example that's setting for others?" he said. "All the judge will be doing is encouraging others to do the same. There should be serious consequences. The judge has to make it right."

Mala Samtani also shared her unspeakable grief with Patch last year, just two months after her son's death.

"I feel so lost," she said. "The pain is stabbing in my heart, every second. I can't sleep, I can't eat ... People ask me, 'Are you feeling better?' How can I feel better? It's the same loss. My son is still not with me. . . I can't live without him."

Addressing reporters outside the courthouse earlier this year, Burke said he didn't want to speak in "legalese. Simply, on behalf of my clients and his family, we offer our sincere condolences for the loss of Mr. Samtani. It was a horrible, horrible tragedy and we want to express our sorrow. This is something they have wanted to say for many, many months."

Burke added that the roadway where the crash occurred was "extremely narrow, and very dangerous.

Mala, speaking on the loss of her son last year, said he had written and designed a book, "Ash's Birthday Party," to help children navigate the COVID-19 pandemic. Samtani's family — the entrepreneurs behind the Hong Kong-based "As Seen on TV" gadgets — worked with New York University to create a scholarship for students in financial need. A foundation has also been created to do good works in his name, his mother said, as her son was committed to helping others

But despite the plans to honor him, Samtani said was she struggling to survive without her son. "I feel so lost," she said.

At night, Samtani sleeps in her son's bed, his photo beside her, hugging his clothing tightly in her arms. "I wish I could say that this was just a bad dream but as time goes by you realize this was a nightmare," she said. "And it actually happened."

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