Judge Throws Out Indictment Against Limo Driver in Fatal Cutchogue Crash

CUTCHOGUE, NY — A judge dismissed charges Wednesday against the limo driver in a 2015 crash that left four young women dead and four gravely injured on Route 48 in Cutchogue.

The decision by Supreme Court Justice Fernando Camacho meant that charges were dismissed against Carlos F. Pino, 58, who was driving the limo involved in the crash that killed Amy Grabina, 23, of Commack, Stephanie Belli, 23, of Kings Park and Lauren Baruch, 24, and Brittney Schulman, 23, both of Smithtown. His client now faces no criminal charges, attorney Leonard Lato of Hauppauge told Patch.

"The judge had the families sitting in the jury box, and he explained to them that he was dismissing the case," Lato said. "Although his heart goes out to them, what happened here was not a crime."

Lato said the families were "distraught, they don't understand, and I don't blame them."

Lato alleged that District Attorney Thomas Spota's office, as he said in his motion to dismiss the case, "gave the court the unpleasant duty of telling the family of the girls who died that what Carlos Pino did was not a crime. Was he at fault, in part, as a result of the accident?" Lato said that would be a civil, not criminal case.

"The DA's office misled the families," Lato said. "The DA's office knew the day they walked in that what Carlos Pino did was not a crime but proceeded, anyway, and misled the families into thinking that someone would pay criminally for the death of those young girls. They compounded the agony the families have suffered. It's a disgrace. I don't feel relief. I feel horrible. This is a tragedy and the DA's office is to blame."

The prosecution said Wednesday that they intend to appeal the decision.

"We are extremely disappointed that Justice Camacho determined the actions of Carlos Pino on July 18, 2015 were not criminal," said statement from Suffolk County District Attorney Thomas Spota's office.

"Pino’s actions were far from just careless. Pino, an experienced professional limousine driver carrying eight passengers, turned blindly into a roadway when his view was completely blocked by another car. Pino was driving a vehicle he knew or should have known could never make a safe U-turn under the circumstances," the statement read.

"Justice Camacho’s decision appears to ignore this critical and distinguishing fact. Simply because others made the turn without harm did not make doing so safe or lawful when done blindly as Pino did," the statement said.

In addition, Spota's release read, there is no evidence that the grand jurors "were confused by the thorough, fair and impartial legal instructions given to them by prosecutors. The grand jury with the benefit of hearing the testimony of numerous witnesses, including from crash reconstruction experts, reached their decision. The grand jury found that Pino’s heedlessly executed U-turn was serious enough to 'constitute conduct that should be condemned' by an indictment."

Spota concluded, “The People will certainly appeal the Court’s decision.”

But Lato said that's a non-issue. "The case is over. There is no next step. If the DA's office wants to make it even worse and file a notice of appeal, all that's going to do is make the families believe, once again, that someone is going to pay. It's not going to happen, and it will be an even further disgrace."

In March, drivers involved in the fatal limo crash were arraigned, according to Spota.

Pino pleaded not guilty to four charges of criminally negligent homicide, four counts of assault, failure to yield the right of way, reckless driving, turning at an intersection, failure to yield the right of way, failing to stay in a designated lane, and failing to file a required report upon an accident, Spota said.

Steve Romeo of Peconic, who was driving the pickup that T–boned the limo, pleaded not guilty to two counts of driving while intoxicated and one charge of driving while ability impaired by alcohol.

At a press conference, Spota said according to the accident reconstruction, it was impossible for Romeo to have avoided the crash.

"If perfectly sober, Steven Romeo could not have avoided this crash. If intoxicated, Steven Romeo could not have avoided this crash," Spota said. "It was simply unavoidable from Romeo's perspective."

By law, because Romeo's alleged intoxication could not be linked to the crash, which was "unavoidable sober or drunk," he will not be indicted for vehicular homicide or criminally negligent homicide, Spota said.

According to data collected and analyzed from the reconstruction of the crash and witness accounts, including five additional witnesses who were at the intersection at the time of the crash, Spota said the investigation found Pino had “limited sight lines looking into westbound traffic” because a Jeep Liberty was positioned in the intersection waiting to turn left onto Depot Lane.

“The Jeep Liberty completely blocked the limo driver’s view of the oncoming traffic in the main travel lanes,” Spota said. “Despite the fact that the main westbound travel lanes were not visible, the limo driver, Carlos Pino, failed to take any precaution or any action to make sure he could safely enter the westbound travel lanes and he continued to make the U-turn.” Pino told police at the crash scene he did not see any traffic. "There is no evidence that demonstrates he (Pino) ever came to a stop,” Spota said.

Because of the profile of the Jeep Liberty in the intersection, Romeo, the driver of the truck traveling at approximately 55 miles per hour westbound, did not see the limousine enter the intersection until he was approximately 200 feet away, effectively making a collision unavoidable, Spota said.

“Mr. Romeo had only 200 feet to react to the hazard he saw, and stop his vehicle. Traveling at 55 miles per hour, it would have taken 1.6 seconds to perceive the limo in his path, to realize he must apply his brakes, and then to begin braking. This would leave Romeo with even less distance —129 feet — to avoid a crash, impossible for him to do,” Spota said. “In fact our experts tell us that at 55 mph it would have taken anyone 263 feet to stop and avoid the crash.”

He added: “Romeo can be held criminally responsible for driving while intoxicated but he cannot be held criminally responsible for the crash. The person who is criminally responsible for the crash is Carlos Pino and Carlos Pino alone. Pino failed to take any precaution or action to make sure he could safely enter the westbound traffic lanes; he continued to attempt his U-turn without stopping. Because of his actions, he failed to see the Jeep Liberty in front of him, or Mr. Romeo’s pickup converging on the intersection.”

Spota said an exact replica of the limousine was used in the accident reconstruction.

The limousine, driven by Pino and owned by Ultimate Class Limousine Inc., was transporting eight women passengers 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. Romeo was charged with DWI.

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 left-hand turning arrow was installed, igniting an outcry from residents.

Suffolk County Legislator Al Krupski said a green turning arrow could be coming soon. “There’s been lots of talk but nothing has happened formally yet,” he said.

For years, Southold Town Police Chief Martin Flatley has said that limo drivers coming from vineyards make U-turns that are impossible due to the size of their vehicles, posing safety hazards.