Preview
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 RECEIVED NYSCEF: 09/08/2022
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 RECEIVED NYSCEF: 09/08/2022
NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
ADMINISTRATIVE ADJUDICATION BUREAU
IN THE MATTER OF:
STEVEN ROMEO AND CARLOS PINO
DMV APPEAL DOCKET NO.: H15070151
DMV CASE NO.: 35-809303
ADMINISTRATIVE LAW JUDGE TODD SCHALL
HEARING DATE: February 7, 2018
HEARING LOCATION: HAUPPAUGE
250 Veterans Memorial Highway
Hauppauge, NY 11788
APPEARANCES: CARLOS PINO
Respondent
OFFICER ALEX CHENCHE
Police Department
LEONARD LATO, ESQ.
Attorney
ROBERT DOYLE, ESQ.
Attorney
BRIAN DOYLE, ESQ.
Attorney
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
2
1 THE COURT: All right. Good morning, everyone. Uh, I am
2 Todd Schall; I'm the Administrative Law Judge. Um, and we are
3 in Hauppauge. It is uh, February 7th 2018. Uh, I'm going to
4 be circulating a sign-in sheet. I know you signed in outside,
5 but I -- I want uh, everyone to have a chance to just uh, note
6 their name uh, affiliation with this case and address, if you
7 wish to have a copy of the decision after. Um, I know we have
8 uh, a pretty full room here. I'll try to keep my voice up.
9 Um, this is a -- um, this is Case Number 35-809303. Um, we are
10 here pursuant to section 510 of the Vehicle and Traffic Law of
11 the State of New York to investigate the circumstances of a
12 fatal accident, which occurred on July 18th 2015 in Suffolk
13 County. Um, the uh, nature of the proceeding will be um, with
14 regard to uh -- two Respondents, who were motorists in that
15 case, Steven D. Romeo and Carlos F. Pino. Um, we have uh, two
16 officers here. We'll be starting out with their testimony um,
17 and I will review the documents that I'll be considering um, as
18 exhibits. Before we get started with testimony, I'm going to
19 um, go through the documents that I -- that I have um, and will
20 be marking as exhibits in this matter. The first being the uh,
21 notice of today's hearing; that would be Exhibit 1. Exhibit 2
22 will be the police accident report or MV-104A. Exhibit 3 will
23 be the -- I'm going to be going in a caption order -- the
24 license record of um, Respondent Steven D. Romeo. It's four
25 pages and was generated for purposes of this hearing on October
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
3
1 18th 2017; it's Exhibit 3. Uh, when you're done at the table
2 -- yeah, if you could just pass it along. [Inaudible: 2
3 seconds]. Okay. Exhibit 4 would be the license record of
4 Carlos F. Pino uh, also generated on October 18th 2017; it's
5 six pages. Uh, Exhibit 5 will be um, the driver transcript
6 with regard to Steven D. Romeo; it's a one-page document. And
7 uh, Exhibit 6 will be the driver transcript with regard to
8 Respondent Carlos F. Pino. Um, Exhibit 7 uh, will be uh,
9 MV-104; this is the um, accident report filed by uh, Respondent
10 Steven Romeo. Um, Exhibit 8 will be uh, the toxicology report
11 which we were provided with. It's two pages, with regard to
12 Steven Romeo. Um, Exhibit 9 will be correspondence um, from
13 this office um, with the Suffolk County Police Department uh,
14 seeking the records regarding the accident. And uh, Exhibit 10
15 will be correspondence uh, from the Department of Motor
16 Vehicles uh, with regard to our request for records of the Town
17 of Southold Police Department relative to the accident. I'll
18 consider other exhibits as they may arise. We're going to uh,
19 start out with um, testimony of a police officer here. Uh,
20 that's Alex -- is it Chenche?
21 OFC. ALEX CHENCHE: Chenche.
22 THE COURT: Okay. I'm going to ask you to please uh,
23 raise your right hand, Officer. Do you swear to tell the truth
24 in this matter?
25 OFC. CHENCHE: I do.
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
4
1 A L E X C H E N C H E, having been first duly sworn,
2 testified as follows:
3 DIRECT EXAMINATION
4 BY THE COURT
5 Q: Okay. And just state your name and command for the
6 record.
7 A: Yes, I'm Police Officer Alex Chenche. Southold Town
8 Police Department, Shield 1119.
9 Q: Okay. Thank you. And thank you for appearing today.
10 You have a copy of the uh, police accident report that you
11 completed with you?
12 A: Uh, yes, Your Honor.
13 Q: Okay. All right. There came a time on July 18th
14 2015 in which you responded to a fatal motor vehicle accident,
15 correct?
16 A: Yes.
17 Q: Okay. Um, tell me um, how you were dispatched to the
18 scene?
19 A: Right. Um, we got notified that there was a uh,
20 motor vehicle -- motor vehicle accident uh, on County Road 48
21 and uh, at the intersection section with Depot Lane.
22 Q: And how did you get notified?
23 A: Uh, over the radio.
24 Q: Okay. Were you alone in the car or with someone
25 else?
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
5
1 FEMALE SPEAKER 1: Louder, please?
2 THE COURT: I'm sorry.
3 FEMALE SPEAKER 1: I'm sorry. We can't hear back here.
4 THE COURT: Okay. Well, we'll all try to keep our voices
5 up.
6 FEMALE SPEAKER 1: Thank you. I appreciate it.
7 Q: Go ahead.
8 A: Uh, yes, I was by myself.
9 Q: Okay. All right. Uh, were you the first emergency
10 first responder at the scene of the accident?
11 A: Uh, not the first one. I was third one on the scene.
12 Q: Tell me about the call; what was the nature of the
13 call?
14 A: Yes, it was a uh -- uh, it was a black limousine that
15 was uh, blocking the westbound lanes on County Road 48, and
16 there was a -- uh, a red pickup truck crashed into the
17 passenger side.
18 Q: Describe the roadway.
19 A: Oh, it's a -- it's a -- it's a four-lane road. Uh,
20 it's a black top and uh, it's a straight -- flat, big, straight
21 line.
22 Q: Was this day time or evening?
23 A: It was uh, in the afternoon.
24 Q: Okay. And what were the weather conditions like?
25 A: Uh, it was uh, clear and uh, the roads were -- it was
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
6
1 dry.
2 Q: Did this occur at an intersection or not at an
3 intersection?
4 A: At the intersection.
5 Q: Okay. And how was that intersection controlled, if
6 at all? Was it controlled with a traffic light, stop signs or
7 other uh, traffic control devices?
8 A: Uh, flashing lights.
9 Q: Okay. Where was the flashing light?
10 A: They were uh, in the center of the intersection.
11 Q: Okay. Hanging above the intersection?
12 A: Hanging above the intersection, correct.
13 Q: Okay. And um, on -- on a pole or wire or something?
14 A: On a wire just across.
15 Q: Okay. And tell me about the flashing lights; um, in
16 which direction were they -- color -- what was the color of the
17 light and um --
18 A: Sure. Uh, color was yellow, and uh, they were
19 flashing on all directions, so east, west, north and south.
20 Q: And this wasn't your first time at that intersection?
21 A: Right.
22 Q: Okay. You're familiar with this intersection?
23 A: Yes.
24 Q: Okay. All right. How long did it take you from the
25 time that um, you got the dispatch call to get to the scene of
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
7
1 the accident?
2 A: Uh, couple of minutes.
3 Q: Okay. And when you first got there, tell me what you
4 observed.
5 A: Yes. Uh, it was uh, this black limousine that was
6 blocking the westbound lanes.
7 Q: When you say blocking the westbound lanes --
8 A: Right. It was across the uh, westbound lanes.
9 Q: And how many lanes of traffic were on that roadway?
10 A: Two.
11 Q: Okay. And what's the name of that roadway?
12 A: Uh, County Road 48.
13 Q: Okay. And what's the name of the intersecting
14 roadway?
15 A: Uh, Depot Lane.
16 Q: Okay. All right. So please continue; what did --
17 what did you observe?
18 A: Correct. Uh, sure. I saw the -- uh, the Limousine
19 and a uh, red pickup truck have crashed into it.
20 Q: Um, and what else did you observe?
21 A: Um --
22 Q: I'm talking about your first observations when you
23 got there. And where did you park your car?
24 A: Sure. I uh -- I parked my car on the median facing
25 west.
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
8
1 Q: Okay. All right. What -- what was your first action
2 that you took?
3 A: Uh, my first action was to obviously assess the
4 accident and uh -- uh, assist the victims of the accident.
5 Q: Okay. And uh, with regard to the pickup truck and
6 the limousine, were they -- um, were they apart or were they
7 uh, connected?
8 A: They were connected.
9 Q: Okay. And um, we spoke earlier um, there were other
10 first emergency first responders there before you got there.
11 Tell me who was there.
12 A: Yes. Uh, Police Officer uh, Simmons and uh, Police
13 Officer Serico [phonetic].
14 Q: With your department?
15 A: Yes.
16 Q: Okay. Um, fire department there yet?
17 A: No, it was just the three of us.
18 Q: So you got out of your car and what did you do?
19 A: Yes, we uh, ran towards the accident and uh, started
20 uh, assessing the situation, helping the victims.
21 Q: All right.
22 A: Passengers.
23 Q: And um, what happened next? I mean, you -- is it
24 safe to say that you pretty early on identified this as a -- a
25 large accident?
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
9
1 A: Correct.
2 Q: So um, did you make any calls for backup or help or
3 fire department or --
4 A: Yes. Uh, the fire department was notified uh, and --
5 that we needed uh, heavy rescue, some assistance.
6 Q: So what happened -- what happened next?
7 A: Um, at one point um, my sergeant --
8 Q: And who was that?
9 A: Oh uh, Sergeant uh, Santacroce.
10 Q: Okay.
11 A: He responded to the scene as well.
12 Q: Okay.
13 A: Uh, we were rendering aid to the passengers of the
14 vehicle. And uh, at one point, he -- uh, he -- he ordered me
15 to uh, make sure I speak to the drivers.
16 Q: Okay. At some point you closed the roadways,
17 correct?
18 A: Correct.
19 Q: All right. Um, and he ordered you to speak to the
20 drivers?
21 A: Correct. Identify the drivers.
22 Q: Okay. Identify them and take statements?
23 A: No, just -- uh, when we go to an accident, we just
24 get their pedigree to -- to know who they are and -- like,
25 driver’s license.
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
10
1 Q: Which driver did you approach first?
2 A: Uh, Mr. Romeo.
3 Q: Okay. And Mr. Romeo was driving what vehicle?
4 A: He was driving the red pickup truck.
5 Q: Okay. Was he in the vehicle or outside the vehicle
6 when you approached him?
7 A: He was outside the vehicle.
8 Q: Okay. And where was he outside the vehicle?
9 A: He was in the back of uh, the pickup truck, sitting
10 in the -- in the bed.
11 Q: Okay. Sitting in the bed of the back of the pickup
12 truck?
13 A: Yes.
14 Q: Okay. Um, and uh, so you approached him, and what
15 happened next?
16 A: I -- uh, I asked him, what happened?
17 Q: Okay. And what did he say?
18 A: He said he was just driving and the vehicle came out
19 in front of him, and he crashed.
20 Q: What else did you ask him or what else did he say in
21 response?
22 A: At that point, I just uh, asked him -- well,
23 obviously, he was bleeding and I asked him if uh, he was hurt
24 anywhere, and he said his face hurt. And um, I told him that
25 we had a uh, medical team coming -- an ambulance coming to help
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
11
1 and that uh, I needed his personal information at that point.
2 Q: Needed his --
3 A: His uh, information uh, name, address, date of birth,
4 pedigree.
5 Q: Okay. Did he write it down for you or you wrote it
6 down?
7 A: I wrote it down.
8 Q: Okay. Did you make any other assessment or
9 evaluation of Mr. Romeo?
10 A: No.
11 Q: Okay. Did he at any point stand up or was he always
12 seated in the back of the pickup truck when you were talking to
13 him?
14 A: He was seated in the back of the pickup truck.
15 Q: All right. What happened next?
16 A: After that, I -- um, I told him to stay put and I
17 went over to the driver of the limousine.
18 Q: Okay. And where was the driver of limousine when you
19 approached him first?
20 A: He was sitting in the driver's seat.
21 Q: Okay. And uh, tell me what you said to him and what
22 he responded -- and how he responded?
23 A: Sure. I -- uh, I asked him if he was okay. He said
24 uh, his hand hurt. And then uh, I asked him what happened. He
25 said uh, he wasn't sure what happened.
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
12
1 Q: Okay. That's -- was his quote, he wasn't sure what
2 happened?
3 A: Yeah, something like that, yeah.
4 Q: Okay.
5 A: He wasn't sure exactly what happened.
6 Q: What else did you say to him or what else did he say
7 to you?
8 A: Um, I um, believe he was on the phone at the time
9 when -- uh, when I approached him.
10 Q: Okay. And did he um --
11 A: Oh, yeah. I remember now --
12 Q: -- discontinue that call to speak with you or not?
13 A: I told him to please hang up. I asked him who he was
14 talking to.
15 Q: And what did he say?
16 A: He said he was talking to uh, his -- uh, his boss,
17 his company.
18 Q: Okay. And then -- then you asked him how he was and
19 how the accident happened?
20 A: Correct.
21 Q: And what else if any -- what -- anything else that
22 you asked him and that he said to you?
23 A: At that point, he provided me with his driver's
24 license.
25 Q: All right. What happened next? What did you do
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
13
1 next?
2 A: I -- uh, I wrote down his information and I -- I gave
3 his license back to him
4 Q: Okay.
5 A: And I told him to -- to wait, to stay there.
6 Q: Okay. All right. What did you do next with regard
7 to the accident?
8 A: At that point, I just went back around and continued
9 to help with uh, victims of the accident.
10 Q: Okay. And tell me what you did?
11 A: Um, I helped move a few females out of the car um,
12 put them in the -- um, help with stretchers and helped them
13 into the ambulance.
14 Q: Okay. Okay. And that's after an ambulance --
15 ambulances arrived?
16 A: By that time, the ambulance were [sic] there and the
17 um, medical personnel was there.
18 Q: Okay. All right. Did you -- um, as the -- as one of
19 the police officers at the scene, did you seek to make an
20 evaluation with regard to either driver as to their condition,
21 their sobriety?
22 A: No, no. Not at that time.
23 Q: All right. Um, did you issue any tickets or summons
24 as to either of the drivers.
25 A: No.
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
14
1 Q: Okay. Were any arrests made of either of the two
2 drivers, to your knowledge?
3 A: To my knowledge, yes, there was one.
4 Q: Okay. Tell me, which driver? Both drivers, one of
5 the drivers?
6 A: Uh, Mr. Romeo was arrested.
7 Q: Okay. You arrested him or someone else arrested him?
8 A: No, I am not the officer who arrested him.
9 Q: Okay. Who arrested him?
10 A: Um, Officer Lake [phonetic].
11 Q: Okay. Um, he arrived at the scene after you?
12 A: Say again.
13 Q: He arrived after you at the scene?
14 A: Yes.
15 Q: Okay. And what was he arrested for?
16 A: Um, a DWI.
17 Q: Okay. Driving while intoxicated?
18 A: Yes.
19 Q: Okay. All right. And you witnessed that arrest?
20 A: No.
21 Q: Okay. When did it occur?
22 A: Um, it -- it happened sometime while we were -- while
23 I was at the scene helping the victims.
24 Q: Okay. All right. What happened next, if anything,
25 with regard to your involvement with the accident?
ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
845-369-7132
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022
15
1 A: Um, upon getting everybody out of the vehicles um, I
2 -- I stayed on the scene. And uh, until -- we were waiting for
3 the medical examiner to respond.
4 Q: Okay. All right. Did you -- at any point, did you
5 um -- um, investigate or take a look at the light that was
6 controlling the intersection?
Preview
FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 RECEIVED NYSCEF: 09/08/2022 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 RECEIVED NYSCEF: 09/08/2022 NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES ADMINISTRATIVE ADJUDICATION BUREAU IN THE MATTER OF: STEVEN ROMEO AND CARLOS PINO DMV APPEAL DOCKET NO.: H15070151 DMV CASE NO.: 35-809303 ADMINISTRATIVE LAW JUDGE TODD SCHALL HEARING DATE: February 7, 2018 HEARING LOCATION: HAUPPAUGE 250 Veterans Memorial Highway Hauppauge, NY 11788 APPEARANCES: CARLOS PINO Respondent OFFICER ALEX CHENCHE Police Department LEONARD LATO, ESQ. Attorney ROBERT DOYLE, ESQ. Attorney BRIAN DOYLE, ESQ. Attorney ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 2 1 THE COURT: All right. Good morning, everyone. Uh, I am 2 Todd Schall; I'm the Administrative Law Judge. Um, and we are 3 in Hauppauge. It is uh, February 7th 2018. Uh, I'm going to 4 be circulating a sign-in sheet. I know you signed in outside, 5 but I -- I want uh, everyone to have a chance to just uh, note 6 their name uh, affiliation with this case and address, if you 7 wish to have a copy of the decision after. Um, I know we have 8 uh, a pretty full room here. I'll try to keep my voice up. 9 Um, this is a -- um, this is Case Number 35-809303. Um, we are 10 here pursuant to section 510 of the Vehicle and Traffic Law of 11 the State of New York to investigate the circumstances of a 12 fatal accident, which occurred on July 18th 2015 in Suffolk 13 County. Um, the uh, nature of the proceeding will be um, with 14 regard to uh -- two Respondents, who were motorists in that 15 case, Steven D. Romeo and Carlos F. Pino. Um, we have uh, two 16 officers here. We'll be starting out with their testimony um, 17 and I will review the documents that I'll be considering um, as 18 exhibits. Before we get started with testimony, I'm going to 19 um, go through the documents that I -- that I have um, and will 20 be marking as exhibits in this matter. The first being the uh, 21 notice of today's hearing; that would be Exhibit 1. Exhibit 2 22 will be the police accident report or MV-104A. Exhibit 3 will 23 be the -- I'm going to be going in a caption order -- the 24 license record of um, Respondent Steven D. Romeo. It's four 25 pages and was generated for purposes of this hearing on October ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 3 1 18th 2017; it's Exhibit 3. Uh, when you're done at the table 2 -- yeah, if you could just pass it along. [Inaudible: 2 3 seconds]. Okay. Exhibit 4 would be the license record of 4 Carlos F. Pino uh, also generated on October 18th 2017; it's 5 six pages. Uh, Exhibit 5 will be um, the driver transcript 6 with regard to Steven D. Romeo; it's a one-page document. And 7 uh, Exhibit 6 will be the driver transcript with regard to 8 Respondent Carlos F. Pino. Um, Exhibit 7 uh, will be uh, 9 MV-104; this is the um, accident report filed by uh, Respondent 10 Steven Romeo. Um, Exhibit 8 will be uh, the toxicology report 11 which we were provided with. It's two pages, with regard to 12 Steven Romeo. Um, Exhibit 9 will be correspondence um, from 13 this office um, with the Suffolk County Police Department uh, 14 seeking the records regarding the accident. And uh, Exhibit 10 15 will be correspondence uh, from the Department of Motor 16 Vehicles uh, with regard to our request for records of the Town 17 of Southold Police Department relative to the accident. I'll 18 consider other exhibits as they may arise. We're going to uh, 19 start out with um, testimony of a police officer here. Uh, 20 that's Alex -- is it Chenche? 21 OFC. ALEX CHENCHE: Chenche. 22 THE COURT: Okay. I'm going to ask you to please uh, 23 raise your right hand, Officer. Do you swear to tell the truth 24 in this matter? 25 OFC. CHENCHE: I do. ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 4 1 A L E X C H E N C H E, having been first duly sworn, 2 testified as follows: 3 DIRECT EXAMINATION 4 BY THE COURT 5 Q: Okay. And just state your name and command for the 6 record. 7 A: Yes, I'm Police Officer Alex Chenche. Southold Town 8 Police Department, Shield 1119. 9 Q: Okay. Thank you. And thank you for appearing today. 10 You have a copy of the uh, police accident report that you 11 completed with you? 12 A: Uh, yes, Your Honor. 13 Q: Okay. All right. There came a time on July 18th 14 2015 in which you responded to a fatal motor vehicle accident, 15 correct? 16 A: Yes. 17 Q: Okay. Um, tell me um, how you were dispatched to the 18 scene? 19 A: Right. Um, we got notified that there was a uh, 20 motor vehicle -- motor vehicle accident uh, on County Road 48 21 and uh, at the intersection section with Depot Lane. 22 Q: And how did you get notified? 23 A: Uh, over the radio. 24 Q: Okay. Were you alone in the car or with someone 25 else? ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 5 1 FEMALE SPEAKER 1: Louder, please? 2 THE COURT: I'm sorry. 3 FEMALE SPEAKER 1: I'm sorry. We can't hear back here. 4 THE COURT: Okay. Well, we'll all try to keep our voices 5 up. 6 FEMALE SPEAKER 1: Thank you. I appreciate it. 7 Q: Go ahead. 8 A: Uh, yes, I was by myself. 9 Q: Okay. All right. Uh, were you the first emergency 10 first responder at the scene of the accident? 11 A: Uh, not the first one. I was third one on the scene. 12 Q: Tell me about the call; what was the nature of the 13 call? 14 A: Yes, it was a uh -- uh, it was a black limousine that 15 was uh, blocking the westbound lanes on County Road 48, and 16 there was a -- uh, a red pickup truck crashed into the 17 passenger side. 18 Q: Describe the roadway. 19 A: Oh, it's a -- it's a -- it's a four-lane road. Uh, 20 it's a black top and uh, it's a straight -- flat, big, straight 21 line. 22 Q: Was this day time or evening? 23 A: It was uh, in the afternoon. 24 Q: Okay. And what were the weather conditions like? 25 A: Uh, it was uh, clear and uh, the roads were -- it was ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 6 1 dry. 2 Q: Did this occur at an intersection or not at an 3 intersection? 4 A: At the intersection. 5 Q: Okay. And how was that intersection controlled, if 6 at all? Was it controlled with a traffic light, stop signs or 7 other uh, traffic control devices? 8 A: Uh, flashing lights. 9 Q: Okay. Where was the flashing light? 10 A: They were uh, in the center of the intersection. 11 Q: Okay. Hanging above the intersection? 12 A: Hanging above the intersection, correct. 13 Q: Okay. And um, on -- on a pole or wire or something? 14 A: On a wire just across. 15 Q: Okay. And tell me about the flashing lights; um, in 16 which direction were they -- color -- what was the color of the 17 light and um -- 18 A: Sure. Uh, color was yellow, and uh, they were 19 flashing on all directions, so east, west, north and south. 20 Q: And this wasn't your first time at that intersection? 21 A: Right. 22 Q: Okay. You're familiar with this intersection? 23 A: Yes. 24 Q: Okay. All right. How long did it take you from the 25 time that um, you got the dispatch call to get to the scene of ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 7 1 the accident? 2 A: Uh, couple of minutes. 3 Q: Okay. And when you first got there, tell me what you 4 observed. 5 A: Yes. Uh, it was uh, this black limousine that was 6 blocking the westbound lanes. 7 Q: When you say blocking the westbound lanes -- 8 A: Right. It was across the uh, westbound lanes. 9 Q: And how many lanes of traffic were on that roadway? 10 A: Two. 11 Q: Okay. And what's the name of that roadway? 12 A: Uh, County Road 48. 13 Q: Okay. And what's the name of the intersecting 14 roadway? 15 A: Uh, Depot Lane. 16 Q: Okay. All right. So please continue; what did -- 17 what did you observe? 18 A: Correct. Uh, sure. I saw the -- uh, the Limousine 19 and a uh, red pickup truck have crashed into it. 20 Q: Um, and what else did you observe? 21 A: Um -- 22 Q: I'm talking about your first observations when you 23 got there. And where did you park your car? 24 A: Sure. I uh -- I parked my car on the median facing 25 west. ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 8 1 Q: Okay. All right. What -- what was your first action 2 that you took? 3 A: Uh, my first action was to obviously assess the 4 accident and uh -- uh, assist the victims of the accident. 5 Q: Okay. And uh, with regard to the pickup truck and 6 the limousine, were they -- um, were they apart or were they 7 uh, connected? 8 A: They were connected. 9 Q: Okay. And um, we spoke earlier um, there were other 10 first emergency first responders there before you got there. 11 Tell me who was there. 12 A: Yes. Uh, Police Officer uh, Simmons and uh, Police 13 Officer Serico [phonetic]. 14 Q: With your department? 15 A: Yes. 16 Q: Okay. Um, fire department there yet? 17 A: No, it was just the three of us. 18 Q: So you got out of your car and what did you do? 19 A: Yes, we uh, ran towards the accident and uh, started 20 uh, assessing the situation, helping the victims. 21 Q: All right. 22 A: Passengers. 23 Q: And um, what happened next? I mean, you -- is it 24 safe to say that you pretty early on identified this as a -- a 25 large accident? ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 9 1 A: Correct. 2 Q: So um, did you make any calls for backup or help or 3 fire department or -- 4 A: Yes. Uh, the fire department was notified uh, and -- 5 that we needed uh, heavy rescue, some assistance. 6 Q: So what happened -- what happened next? 7 A: Um, at one point um, my sergeant -- 8 Q: And who was that? 9 A: Oh uh, Sergeant uh, Santacroce. 10 Q: Okay. 11 A: He responded to the scene as well. 12 Q: Okay. 13 A: Uh, we were rendering aid to the passengers of the 14 vehicle. And uh, at one point, he -- uh, he -- he ordered me 15 to uh, make sure I speak to the drivers. 16 Q: Okay. At some point you closed the roadways, 17 correct? 18 A: Correct. 19 Q: All right. Um, and he ordered you to speak to the 20 drivers? 21 A: Correct. Identify the drivers. 22 Q: Okay. Identify them and take statements? 23 A: No, just -- uh, when we go to an accident, we just 24 get their pedigree to -- to know who they are and -- like, 25 driver’s license. ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 10 1 Q: Which driver did you approach first? 2 A: Uh, Mr. Romeo. 3 Q: Okay. And Mr. Romeo was driving what vehicle? 4 A: He was driving the red pickup truck. 5 Q: Okay. Was he in the vehicle or outside the vehicle 6 when you approached him? 7 A: He was outside the vehicle. 8 Q: Okay. And where was he outside the vehicle? 9 A: He was in the back of uh, the pickup truck, sitting 10 in the -- in the bed. 11 Q: Okay. Sitting in the bed of the back of the pickup 12 truck? 13 A: Yes. 14 Q: Okay. Um, and uh, so you approached him, and what 15 happened next? 16 A: I -- uh, I asked him, what happened? 17 Q: Okay. And what did he say? 18 A: He said he was just driving and the vehicle came out 19 in front of him, and he crashed. 20 Q: What else did you ask him or what else did he say in 21 response? 22 A: At that point, I just uh, asked him -- well, 23 obviously, he was bleeding and I asked him if uh, he was hurt 24 anywhere, and he said his face hurt. And um, I told him that 25 we had a uh, medical team coming -- an ambulance coming to help ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 11 1 and that uh, I needed his personal information at that point. 2 Q: Needed his -- 3 A: His uh, information uh, name, address, date of birth, 4 pedigree. 5 Q: Okay. Did he write it down for you or you wrote it 6 down? 7 A: I wrote it down. 8 Q: Okay. Did you make any other assessment or 9 evaluation of Mr. Romeo? 10 A: No. 11 Q: Okay. Did he at any point stand up or was he always 12 seated in the back of the pickup truck when you were talking to 13 him? 14 A: He was seated in the back of the pickup truck. 15 Q: All right. What happened next? 16 A: After that, I -- um, I told him to stay put and I 17 went over to the driver of the limousine. 18 Q: Okay. And where was the driver of limousine when you 19 approached him first? 20 A: He was sitting in the driver's seat. 21 Q: Okay. And uh, tell me what you said to him and what 22 he responded -- and how he responded? 23 A: Sure. I -- uh, I asked him if he was okay. He said 24 uh, his hand hurt. And then uh, I asked him what happened. He 25 said uh, he wasn't sure what happened. ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 12 1 Q: Okay. That's -- was his quote, he wasn't sure what 2 happened? 3 A: Yeah, something like that, yeah. 4 Q: Okay. 5 A: He wasn't sure exactly what happened. 6 Q: What else did you say to him or what else did he say 7 to you? 8 A: Um, I um, believe he was on the phone at the time 9 when -- uh, when I approached him. 10 Q: Okay. And did he um -- 11 A: Oh, yeah. I remember now -- 12 Q: -- discontinue that call to speak with you or not? 13 A: I told him to please hang up. I asked him who he was 14 talking to. 15 Q: And what did he say? 16 A: He said he was talking to uh, his -- uh, his boss, 17 his company. 18 Q: Okay. And then -- then you asked him how he was and 19 how the accident happened? 20 A: Correct. 21 Q: And what else if any -- what -- anything else that 22 you asked him and that he said to you? 23 A: At that point, he provided me with his driver's 24 license. 25 Q: All right. What happened next? What did you do ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 13 1 next? 2 A: I -- uh, I wrote down his information and I -- I gave 3 his license back to him 4 Q: Okay. 5 A: And I told him to -- to wait, to stay there. 6 Q: Okay. All right. What did you do next with regard 7 to the accident? 8 A: At that point, I just went back around and continued 9 to help with uh, victims of the accident. 10 Q: Okay. And tell me what you did? 11 A: Um, I helped move a few females out of the car um, 12 put them in the -- um, help with stretchers and helped them 13 into the ambulance. 14 Q: Okay. Okay. And that's after an ambulance -- 15 ambulances arrived? 16 A: By that time, the ambulance were [sic] there and the 17 um, medical personnel was there. 18 Q: Okay. All right. Did you -- um, as the -- as one of 19 the police officers at the scene, did you seek to make an 20 evaluation with regard to either driver as to their condition, 21 their sobriety? 22 A: No, no. Not at that time. 23 Q: All right. Um, did you issue any tickets or summons 24 as to either of the drivers. 25 A: No. ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 14 1 Q: Okay. Were any arrests made of either of the two 2 drivers, to your knowledge? 3 A: To my knowledge, yes, there was one. 4 Q: Okay. Tell me, which driver? Both drivers, one of 5 the drivers? 6 A: Uh, Mr. Romeo was arrested. 7 Q: Okay. You arrested him or someone else arrested him? 8 A: No, I am not the officer who arrested him. 9 Q: Okay. Who arrested him? 10 A: Um, Officer Lake [phonetic]. 11 Q: Okay. Um, he arrived at the scene after you? 12 A: Say again. 13 Q: He arrived after you at the scene? 14 A: Yes. 15 Q: Okay. And what was he arrested for? 16 A: Um, a DWI. 17 Q: Okay. Driving while intoxicated? 18 A: Yes. 19 Q: Okay. All right. And you witnessed that arrest? 20 A: No. 21 Q: Okay. When did it occur? 22 A: Um, it -- it happened sometime while we were -- while 23 I was at the scene helping the victims. 24 Q: Okay. All right. What happened next, if anything, 25 with regard to your involvement with the accident? ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 845-369-7132 FILED: SUFFOLK COUNTY CLERK 09/08/2022 12:27 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1057 PROCEEDINGS RECEIVED NYSCEF: 09/08/2022 15 1 A: Um, upon getting everybody out of the vehicles um, I 2 -- I stayed on the scene. And uh, until -- we were waiting for 3 the medical examiner to respond. 4 Q: Okay. All right. Did you -- at any point, did you 5 um -- um, investigate or take a look at the light that was 6 controlling the intersection?