The limo driver that was behind the wheel on the day Smithtown lost four of our bright young women has been indicted by a Grand Jury. The Grand Jury indictment of Carlos Pino was unsealed yesterday morning by Hon. Fernando Comacho. Suffolk County District Attorney, Thomas Spota held off on announcing the indictment to the public, until he could meet with the victims families and the survivors of the limo crash. Carlos Pino, is facing a slew of charges including four counts of assault in 4th degree, four counts of criminally negligent homicide, misdemeanors of reckless driving and failing to report a motor vehicle report with NY State MVB. Pino is also charged with infractions, from failing to yield the right of way to failing to stay in the designated lane.
“Despite the fact that the main westbound travel lanes were not safely visible, Pino failed to take any precautions whatsoever or take any action to make sure he could safely enter the westbound travel lane and he continued to make his u-turn. There is no evidence that we have gathered that demonstrates that he ever came even to a stop.” – Suffolk County District Attorney Thomas Spota
During yesterday’s press announcement, the Suffolk County District Attorney recognized the investigation as the most detailed, during his time in the D.A.’s office. Spota accredited the collaborative effort by the Southold police department, Suffolk County Police vehicular crimes unit, trial assistant and the NY state police collision reconstruction unit, for their detailed and accurate work.
Fatal Limo Crash Phase One of the Investigation:
- Five-Hour reconstruction created by the collision reenactment team
- Five key witnesses with vantage points contributing to the reenactment of the fatal crash.
- Exact models of the Limo, Steven Romeo’s Pickup Truck and the SUV that was in the left-turn lane, obstructing Pino’s view of the westbound lane.
- Grand jury went to the scene at their own request
- Real Time conclusion of the evidence, based on skid marks, pickup truck’s speed witness testimony and mathematical equations on the human response time (Sober and Intoxicated)
- Evidence proved Carlos Pino had made numerous trips as a limo driver to these vineyards, he was familiar with the layout
- Evidence suggests Pino made no attempt to stop prior to making the U-turn.
The grand jury was asked to consider charging Steve Romeo with Vehicular Manslaughter in the 2nd degree and Criminally Negligent Homicide. However, after reconstruction and reenactment evidence was presented, the grand jury chose not to indict Romeo. He is charged with two counts of driving while intoxicated and single count driving while impaired.
The investigation proved that Romeo would not have seen the limo, until he was 200 feet away. Given that average person takes 1.6 seconds to perceive and react, adding Romeo’s speed heading west (55 mph), he would have traveled 129 feet, leaving only 71 feet to bring the truck to a complete stop. The reenactment driver, a highly skilled defensive driver and police officer, proved that it would have taken 263 feet to fully stop the pickup truck, which Romeo was driving. The investigation concluded that it would have been impossible for anyone coming from the west lanes to avoid that crash.
“Even a perfectly sober Steven Romeo could not have avoided this crash… By law there has to be a link between Romeo’s intoxication and the cause of the crash. Because in this instance the crash was unavoidable either sober or drunk, there is no such link… Thus while he can be held responsible for Driving While Intoxicated, he will not be held responsible for criminally causing this crash. The person who is criminally responsible for this crash is Carlos Pino and Carlos Pino alone.” — Suffolk County District Attorney Thomas Spota