Vehicular Homicide Charge For Man After Friend Dies In LI Crash: DA

PECONIC, NY — A Tarrytown man was indicted on upgraded charges after a fatal DWI crash in Peconic this summer that left his lifelong friend dead, Suffolk County District Attorney Ray Tierney said.

According to Tierney, Kyle Flanagan, 22, was indicted on a top charge of aggravated vehicular homicide after crashing a 2019 Ford Ranger into a tree on Wells Road in Peconic on August 20.

Flanagan reportedly had a blood alcohol content of more than two times the legal limit: His BAC was 0.20 and the legal limit is 0.08, Tierney has said.

The impact killed Brian Clinton, of Tarrytown, a 22-year-old backseat passenger, and seriously injured the front seat passenger, Malcolm Pakola, 22, of Irvington, NY, Tierney said. The three were lifelong friends who were visiting the hamlet for the weekend, Tierney said.

According to Southold Town Police, the crash took place at 5:49 a.m. on Wells Road. Clinton was taken to Eastern Long Island Hospital, where he died due to injuries sustained in the crash, police said.

Flanagan, the driver, was arrested and initially charged with DWI, police said. He was airlifted to Stony Brook University Hospital, where he remained for treatment of his injuries, police said.

Pakola was taken by ambulance by Peconic Bay Medical Center in Riverhead, police said.

According to a report by the Suffolk Times, the friends were heading to see the sunrise.

Flanagan was charged with two counts of aggravated vehicular homicide, felonies; two counts of aggravated vehicular assault, felonies; one count of second-degree manslaughter, a felony; two counts of second-degree assault, a violent felony; one count of aggravated DWI, a misdemeanor; two counts of DWI, a misdemeanor; one count of driving while ability impaired by drugs, a misdemeanor; and one count of reckless driving, a misdemeanor, Tierney said.

According to court documents, Flanagan, after staying up all night drinking, drove the 2019 Ford while he was intoxicated by alcohol. He was driving southbound on Wells Road when he drove off the road, onto a lawn, and crashed into a tree, Tierney said.

The impact crushed the front of the vehicle and caused serious physical injury to his front seat passenger, Pakola, Tierney said. Pakola was diagnosed with a right femur fracture that required
surgery, Tierney said. Clinton, the back seat passenger, had to be extricated from the vehicle by emergency responders, Tierney said. He was rushed to Eastern Long Island Hospital where he was pronounced dead, Tierney said.

Flanagan was found sitting in the driver's seat of the vehicle, slumped over the steering
wheel, in a semiconscious state, with the odor of alcohol on his breath, Tierney said. He also had to be extricated from the vehicle and was airlifted to Stony Brook University Hospital, where he was treated for non-life-threatening injuries, Tierney said.

On Monday, Flanagan was arraigned on the indictment before the Honorable Richard
Ambro; his bail of $25K was posted and his license was suspended, Tierney said.

His next court date is scheduled for January 17, 2023.

“This defendant’s dangerous and deadly actions allegedly caused the untimely death of a young man who was just beginning his adult life. This should have been a time of great joy for these young men,” said Tierney. “Instead, a weekend that was supposed to be fun ended in tragedy.”

Flanagan is represented by attorney John LoTurco: "This case is heart-wrenching for all involved, especially the Clinton family," LoTurco said. "Our thoughts and condolences are with the Clintons, and Brian's memory throughout this case and beyond. Kyle is deeply remorseful, and his grief over the loss of his best friend Brian Clinton is profound and agonizing. These boys were childhood friends."