Driver In Fatal LI DWI Crash Had BAC Of More Than 2X Legal Limit: DA

PECONIC, NY — A Tarrytown man who was arrested and charged with driving while intoxicated after a fatal crash in Peconic last month had a blood alcohol content of more than twice the legal limit, Suffolk County District Attorney Ray Tierney said this week.

According to a representative for Tierney, Kyle Flanagan, 22, had a BAC of 0.20 — the legal limit is 0.08 percent — and a BAC of 0.15 percent after he underwent surgery.

The crash took place on August 20 at 5:49 a.m. on Wells Road. Flanagan, of Tarrytown, Malcolm Pakola, 22, of Irvington, NY and Brian Clinton, 22, of Tarrytown, NY were driving in a 2019 Ford Ranger pickup that crashed into a tree; all were injured, police said.

Clinton was taken to Eastern Long Island Hospital, where he died due to injuries sustained in the crash, police said.

At his most recent court appearance at Southold Justice Court, Judge Eileen Powers set bail at $25,000. According to Flanagan's Huntington attorney John LoTurco, although Flanagan was initially slated to appear in court Friday, his family posted bail and the case was adjourned to November 16.

"This case is heartbreaking for all involved," LoTurco said. "Kyle is grieving over the loss of his best friend, and his own physical and mental health recovery will be prolonged. Most significantly, we deeply sympathize with the profound and everlasting sense of loss to the Clinton family."

LoTurco added: "We expect the district attorney to eventually upgrade the charges. However, our focus at this time is on Kyle's grief counseling, recovery — and, most importantly, honoring the memory of Brian Clinton."

Flanagan, the driver, was arrested and charged with DWI, police said. He was airlifted to Stony Brook University Hospital for treatment of his injuries, police said. Pakola was taken by ambulance by Peconic Bay Medical Center in Riverhead, police said.

New York State Police responded to assist Southold Town Police detectives with the investigation, which is ongoing.