Bench Trial Of Man Charged In Wrong Way DWI Crash That Killed Aquebogue Man Concludes: DA

AQUEBOGUE, NY — The bench trial of a man charged with "depraved indifference" in the wrong way DWI-crash that killed an Aquebogue man concluded Friday, according to Suffolk County District Attorney Thomas Spota.

After closing statements in the fatal DWI-crash trial of Christopher O'Brian, 56, of Port Jefferson Station, who was charged with second degree murder by depraved indifference, State Supreme Court Justice Fernando Camacho instructed both the defense and prosecution to return to his courtroom in Central Islip Monday morning at 10:30 a.m., Spota said.

The bench trial began October 10.

O’Brien was driving his 2007 Audi the wrong way in 2015, heading eastbound in the westbound lanes of Sunrise Highway, when he crashed head-on into Toyota Corolla traveling west that was driven by Thomas D'Eletto of Aquebogue, Spota said.

D’Eletto, who was driving to work in Nassau County, was pronounced dead at the Yaphank scene, Spota said.

Suffolk County Crime Lab tests determined that O'Brien had a blood alcohol level of .17, more than double the .08 legal threshold for driving while intoxicated; at the scene, O’Brien gave oral admissions to the police about drinking and driving, Spota said.

The second degree murder charge carries a penalty of 25 years to life, Spota said.

O’Brien's indictment said, “The defendant, on or about December 23, 2015, in Suffolk County…under circumstances evincing a depraved indifference to human life, recklessly engaged in conduct which created a grave risk of death to another person, Thomas D’Eletto, thereby causing his death.”

In addition to the second degree murder charge, O’Brien was also charged with second degree manslaughter, a felony, punishable by a 5 to 15 year prison term, four counts of second degree vehicular manslaughter, a felony punishable by imprisonment of 2 and one-third to 7 years, seven counts of first degree reckless endangerment, driving while intoxicated, driving while ability impaired by a drug, cocaine, driving while ability impaired by the combined influence of alcohol and a drug, and reckless driving, Spota said.