QUOGUE, NY — Friday marks five years — 1,825 long, pain-filled days — since a devastating Uber crash on Montauk Highway in Quogue left five men dead, one woman in critical condition, and a community searching for answers.
Kurt and Nina Kiess lost their son Ryan, 25, when he, along with James Farrell, 25, Michael Farrell, 20 — all from Manhasset —and Uber driver Farhan Zahid, 32, of Bay Shore — died in a high-speed, head-on crash on Montauk Highway in Quogue at 11:19 p.m. on July 24, 2021, police said.
Ryan's girlfriend Brianna Maglio, of Garden City, was critically injured in the crash, police said.
The driver who crashed into the Uber head-on, Justin Mendez, 25, also died, police said.
Mendez, who crashed into the gray Toyota Prius near the intersection of Montauk Highway and Quogue Street (east) was found to have a "quantity of marijuana" in the passenger side compartment of the vehicle, was seen speeding an estimated 55 miles per hour in a 30 mile per hour zone — and, according to witness accounts, may have turned off his headlights when police began to follow him, police said at the time. Mendez died at Stony Brook Southampton Hospital a short time later, police said.
Quogue Village Police Chief Christopher Isola said in 2021 that Mendez was traveling west on County Road 80 at a "high rate of speed" when he was observed by a Quogue village police officer who was heading east in the other direction. The officer turned around and headed west on County Road 80 but "was unable to catch up with vehicle before it collided with the 2010 Toyota Prius operated by Zahid," Isola said.
Five years later, Kiess spoke about burning issues that he said continue to swirl, questions that still haunt.
Kiess said he's become aware of things he's learned in the years since, including the fact that he says individuals give up their rights to pursue litigation with Uber if they have an account with the rideshare company, due to terms and conditions he was unaware of previously.
Uber did not immediately get back to Patch after a request for comment.
Kiess also has long questioned the stance of the Quogue Village Police Department.
Quogue police, he maintained, "attempted to place gag orders on procedures, caused delays, and would only cover up the truth."
He added: "The record will show Quogue continuing to fail to comply with truth and complete information related to subpoenas. To date, there has been one fact witness deposed," he said.
The Quogue Village Police Department told Patch that they could not comment due to ongoing litigation.
Kiess has long maintained that he believes the Quogue Village police officer on duty on the fateful night of the crash "failed to follow Quogue written police" involving the fact that high-speed chases were not condoned. "His actions directly lead to the cause of this accident," Kiess said he believes.
"Police officers are supposed to be trained, poised, and not reactive," he said. Five lives lost, he said, "over what would have just been a $200 speeding ticket."
And, Kiess added, the roadway itself was dangerous. "Whereas there has been slight improvements to the road, that turn continues to be a hazard and well-known to the community. The accident could happen again today."
Reflecting on the long, painful years since the crash, Kiess said: "All of us are doing the best we can. None of us will ever be the same, and it will never be a full recovery. Our entire family will never think of holidays in the same way."
There have been moments of grace despite the darkness, he said.
The Manhasset community, Kiess said, as well as all communities, "have supported us tremendously. We feel the love and support every day. Especially the Manhasset High School lacrosse community and the Scranton University community, have been great supporters."
Kiess also expressed frustration that Gov. Kathy Hochul has, three times, vetoed the Grieving Families Act.
Those advocating for the Grieving Families Act bill said would bring equity to those who have lost loved ones in wrongful death cases.
"To be clear, this law has had overwhelming Republican and Democratic support, but the governor ignores that," he said. "So, after five years, nothing has been resolved. This is shameful."
In 2021, one week after James Farrell, the father of two young men killed, filed a notice of claim against Quogue Village Police and village officials, police released new information stating that the driver who slammed into an Uber was driving up to 106 miles per hour before the crash with no headlights — and stating that "there was no cause to pursue action" against the officer who was pursuing him.
The notice of claim, which seeks $40 million in damages, states that the Farrell brothers died as the result of "carelessness, recklessness, gross negligence, negligence and reckless disregard for the safety of others" by Quogue Village Police, including an officer who "improperly" pursued Mendez.
The Quogue Village Police Department said the New York State Police's collision reconstruction unit recovered data from the event data recorders, known as the black boxes, of both vehicles, which showed Mendez' Nissan Maxima's speed at the time of the collision was 86 miles per hour, with its top speed of 106 miles per hour 3.5 seconds prior to the collision, with no indication of braking.
The speed of the Uber, a Toyota Prius, at the time of collision was 27 miles per hour, with a top speed of approximately 38 miles per hour 4 seconds prior to impact with braking, police said.
A witness who was traveling in a car east on County Road 80 was also interviewed, police said.
"I saw a red car near the old VFW in Quogue on Montauk Highway," the witness said. "I did not realize until after my headlights had illuminated the vehicle that the red car had no lights on and was completely blacked out. When this vehicle passed me, it appeared as the vehicle was traveling at over 100 miles per hour, which sounded like a race car, taking my breath away. Next, I saw a police car with the emergency lights on around 100 yards or 10 to 15 seconds behind the red car, with the police car not making any headway of closing the distance between them."
Any death of a person potentially caused by an act or omission of a police officer is reviewed by the New York State Attorney General's Office, police said. "That office reviewed this incident and indicated that there was no cause to pursue action against the police officer," police said.
Farrell also previously filed a notice of claim against Suffolk County. Farrell, who lives in Plandome Heights, is represented by Garden City-based attorney Robert Sullivan.
In past interviews, Kiess has spoken of the last night that he saw his son, at a party that he and his wife had held to celebrate their new home in Remsenburg. The night his son and his friends did the responsible thing and called an Uber for a summer night of shared memories in the Hamptons.
The night that his son never came home.
Five years after that fateful night, Kiess said he and his wife are grateful for their two other grown children. "We cherish them and their lives," he said.
However, his voice breaking with tears, Kiess said the loss of his son changed his family's life forever.
"It changes everything," he said. "You read things in the paper and you think, 'I'm glad that's not me', and then, it was," he said.
He and his wife reflect at their son's memorial on Montauk Highway; Kiess visits his grave often, tending to the grass carefully, an act of love for the young man he loved beyond measure.
Kiess still advocates fiercely for safety improvements on the stretch of road where his son died.
As the years and months, hours and minutes and seconds pass, Kiess is reminded of the milestones his own son will never see — weddings, children.
The pain, too, is visceral and real for his son's peers, who saw their faith in forever shattered when young lives were lost on that summer night.
Kiess and his wife attend the weddings and baptisms of their son's peers, celebrations of joy mixed with sadness — because in the end, the bond of love is timeless. And because those same friends have surrounded the Kiess family during their darkest hours.
"We would never say 'no', because we support each other," Kiess said.
Despite the pain, the questions, the endless ache that transcends time, Kiess said he and his family know, in their hearts, what their son's wish for them would be.
"He'd want us to be happy, so that's what we try to do. We live our lives that way," he said.
Kiess also hosts fundraisers, including an annual golf outing where crowds turn out to honor his son and the Farrell brothers.
"This is what a great community does, to support each other," Kiess said.
On Friday, Kiess and his wife planned visit their son's memorial, colorful with flowers — and remember all that was lost.
"Five years," he said, his voice heavy with tears. "1,825 days."
Sign up for free local newsletters and alerts for the
Westhampton Patch
Patch.com is the nationwide leader in hyperlocal news.
Visit Patch.com to find your town today.