Grand Jury Report Deems Stretch Limos 'Unsafe,' Urges New Traffic Light at Deadly Limo Crash Site: DA

CUTCHOGUE, NY — "You see these eight beautiful babies? The way I'm leaving them with you, I want them back."

Those were the heartbreaking words Felicia Baruch uttered to limo driver Carlos Pino before a horrific limo crash in July, 2015 in Cutchogue that took the life of her daughter Lauren and three other young women, and left four others gravely injured.

The words were revealed as part of a 156-page New York Supreme Court Suffolk County Special Grand Jury Report, with recommendations discussed at a press conference convened Tuesday by Suffolk County District Attorney Thomas Spota.

Findings indicate that the grand jury would like to see U-turns by modified or stretch limos banned in Suffolk County and New York State, enhanced driver certification requirements, and a new traffic light at County Road 48 with a green turning arrow with a red phase for both eastbound and westbound traffic.

The "lack of regulations" regarding stretch limos was cited, as was the "inadequate traffic light" at County Road 48 and Depot Lane, Spota said.

Spota said something needs to be done so that an similar accident will never happen again. "There's nothing but a fine line between a stretch limousine and a hearse," he said.

Southold Town Police Chief Martin Flatley said in the months since the accident, with limos still making U turns and buses and limos carrying crowds out to local wineries, concerns still exist.

"The problem is not going away," Flatley said.

Special grand jury report

After a year-long, comprehensive investigation including the testimony of four dozen witnesses and the review of thousands of documents, the grand jury produced the report, detailing the circumstances that led to the fatalities, a release from Spota's office said.

The grand jury’s findings say "there is a complete lack of regulation of stretch limousine construction, and the existence — to this day — of an inadequate traffic light at the historically dangerous intersection of County Road 48 and Depot Lane in Cutchogue," the release said.

Photos of the limousine wreckage and a photo of a new stretch limousine’s "woefully inadequate 'anti-intrusion bar' installed to 'protect passengers'" were featured.

An intrusion bar aimed to protect side impacts to passengers "did absolutely no good" and offered no protection for the young women, Spota said. The rod was "woefully inadequate and unacceptable," the report determined, with the force of impact knocking it right off the side of the limo.

The DA said when a company aims to create a limo, it buys a vehicle such as a Lincoln town car, pulls it apart, and adds a middle section of up to 10 feet. But there are weight restrictions of 7,500 lbs., he said, so oftentimes features such as the front seat, the spare tire and the jack are left out so the weight will fall under guidelines.

"The more passengers you can fit in, the more the end buyer can charge to rent the limo. Money, that's what this is all about," Spota said. "There's constant battle to minimize or modify the vehicle' s weight."

In addition, he said, every vehicle is supposed to be crash tested. "No such test was ever performed on the limo these girls perished in," he said.

Both the limo builder and the purchaser said they believed it was the other's responsibility to ensure such testing was done.

In addition, Spota said, such large limos are simply incapable of making a U-turn on a road such as County Road 48. The limo should ideally be able to turn into the left lane but cannot even turn into the right since the vehicle is so large.

"Eight young women and their families thought they were being careful" in hiring a limo, Spota said. But instead, "They didn't know they were putting their trust in a vehicle that was untested, unregulated and potentially deadly."

Traffic light at Route 48

Spota also said the traffic light at Route 48, at the time, was merely flashing yellow lights. The Suffolk County Department of Public Works had decided to change the light in 2014 but no action was taken until two months after the fatal limo crash, Spota said. The report indicates that a new light with a green turning arrow is critical.

Despite the fact that the town board and residents had pleaded for a new light for years, until recently, the county said "traffic was insufficient to warrant a change," Spota said.

As it stands, he said, conditions are now more dangerous than they were before the new light. So far, Spota said, the county has "declined" to install the green turning arrow, despite evidence that says it would be a "minor adjustment," he said.

The limousine, driven by Pino and owned by Ultimate Class Limousine, Inc., was transporting eight young women touring local wineries on July 18, 2015, Spota said; at approximately 5:11 p.m, the limo, while making a U-turn at the intersection of Route 48 and Depot Lane in Cutchogue, was broadsided by a pickup truck driven by Steven Romeo.

Spota said the DA's office plans to appeal the decision of a judge to throw out the indictment and dismiss charges against Pino.

Brittney Schulman, 23, and Lauren Baruch, 24, both of Smithtown, Stephanie Belli, 23, of Kings Park, and Amy Grabina, 23, of Commack, all lost their lives.

Injured in the accident were Joelle M. Dimonte, 25, of Ellwood, Melissa Angela Crai, 23, of Scarsdale, Alicia Arundel, 24, of Setauket, and Olga Lipets, 24, of Brooklyn.

After the tragic accident, many implored Suffolk County to install a traffic signal at the intersection of County Road 48 and Depot Lane.

But, despite the fact that a traffic signal was later installed on Depot Lane — no green lefthand turning arrow was installed, igniting an outcry from residents.

Special grand jury report recommendations

"On July 18, 2015, four women were cut down in the prime of their young lives," the report states. "The following recommendations will do nothing to bring these women back to their families. If nothing changes, however, there is bound to be another tragedy at the intersection of County Road 48 and Depot Lane."

Among the 24 recommendations by the special grand jury includes suggestions stating that:

Legislative

• The New York State Legislature should modify the New York State Vehicle and Traffic Law to prohibit modified or stretch limousines, with total occupancy capacities of nine or more including nine or more including the driver, from making U turns on all of the roadways of the state.

• The Suffolk County Legislature should prohibit U-turns by modified or stretch limousines within the county's borders or, in the alternative, on the county's roads.
• The Suffolk County Legislature should prohibit U-turns by all commercial vehicles on the roadways of Suffolk County.
• The Southold Town board should prohibit U-turns by modified or or stretch limousines within the town's borders, or, in the alternative, on town roads.
• The New York State Legislature should modify New York State Department of Transportation Bus & Passenger Vehicle Regulations. . . to include stretch or modified limousines, with occupancy capacities of nine or more including the driver, to fall under the definition of "bus."
• The New York State Legislature should modify Article 19-A of the New York State Vehicle and Traffic Law to extend all driver certification requirements, including vehicle specific road tests, to stretch or modified limousines who operate vehicles with total occupant capacities of nine or more.
• The Suffolk County Legislature should create a statutory scheme to make the Suffolk County Taxi and Limousine Commission an independent entity within the Suffolk County government, rather than a part of the Suffolk County Department of Labor, Licensing, and Consumer Affairs.
• The Suffolk County Legislature should appropriate monies to ensure the independence and operation of the Suffolk County Taxi and Limousine Commission, enabling the Commission to employ investigators and expand its regulatory reach.
• The New York State Legislature should modify the New York State Vehicle and Traffic Law to require all passengers in the rear compartment of a stretch vehicle to fasten their seat belts and keep them fastened while the vehicle is in motion.
• The New York State Legislature should modify New York State Penal Law. . .the definition of "criminal negligence" to expressly apply to professional drivers, who, in the course of their for-hire activities, cause fatalities in motor vehicle crashes where the professional driver is at fault.
• The New York State Legislature should modify the New York State Vehicle and Traffic Law with respect to holders of commercial driver licenses actively engaged in for-hire activities by holding the drivers strictly liable for the personal injury, serious physical injury, or death of the drivers’ passengers resulting from the drivers’ negligent operation of such a vehicle. Such negligence would expressly include unreasonable
• speed, failure to yield right of way, improper U-turns, failure to obey traffic control devices, and/or the operation of a motor vehicle in violation of New York State Vehicle and Traffic Law Section 1212.
• The New York State Legislature should modify the New York State Vehicle and Traffic Law to raise the minimum age of a Class E driver license holder to 25.

Executive

• The Governor of the State of New York should introduce legislation consistent with the legislative recommendations in this report or, in the alternative, he should support legislation introduced by others. The Governor should commit appropriate budgetary resources necessary to implement the legislative recommendations including appropriating additional resources to law enforcement.
• The Suffolk County Executive should introduce legislation consistent with the legislative recommendations in this report or, in the alternative, he should support legislation introduced by others. The County Executive should commit appropriate budgetary resources necessary to implement the legislative recommendations including appropriating additional resources to law enforcement.
• The Southold Town supervisor should introduce legislation consistent with the legislative recommendations in this report or, in the alternative, he should support legislation introduced by others. The Town Supervisor should commit appropriate budgetary resources necessary to implement the legislative recommendations including appropriating additional resources to law enforcement.
• The Governor of the State of New York should create a task force in conjunction with limousine industry officials and community groups to study the safety of stretch limousines, including the feasibility of requiring multiple anti-intrusion bars in stretch limousine side panels, and report its findings to the National Transportation Safety Board.
• The Suffolk County Executive should create a task force in conjunction with limousine industry officials and community groups to study the safety of stretch limousines, including the feasibility of requiring multiple anti-intrusion bars in stretch limousine side panels, and report its findings to the National Transportation Safety Board.

Administrative

• State and local agencies affected by the changes implied in the legislative recommendations should be given the necessary authority to adopt administrative rules and regulations necessary for the effective implementation and execution of the legislative recommendations.
• The Suffolk County Department of Public Works should conduct a priority study of intersections where there have occurred motor vehicle crashes involving high occupancy vehicles and multiple fatalities.
• The Suffolk County Department of Public Works should modify the existing traffic light at County Road 48 and Depot Lane to include a protected left turn (green arrow with a red phase) for both eastbound and westbound traffic.
• The Suffolk County Taxi and Limousine Commission should require owners of registered stretch limousines to report the name of the company that modified the vehicles to the Commission.
• The Suffolk County Taxi and Limousine Commission should require evidence of an in-house driver training program when registering more than one stretch limousine for a particular owner or company.
• The New York State Department of Motor Vehicles should complete all administrative actions necessary to support the raising of the minimum age of a Class E driver license holder to 25.
• The Suffolk County Taxi and Limousine Commission should raise the minimum
• age of its TLC driver license holders to 25.