Preview
FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022
Exhibit “11”
FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022
Two Vehicle
- Four Person Fatal Collision
Westbound County Route 48 at Depot Lane
Town of Southold
County of Suffolk
July 18, 2015 5:11 p.m.
Troop L
Collision Reconstruction Unit
7140 Republic Airport
East Farmingdale, New York 11735
Telephone (631) 756-3318
Facsimile (631) 756-3313
Prepared by
Trooper Fabio D. Daino
FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022
INTRODUCTION
I, Trooper Fabio D. Daino, Troop L Collision Reconstruction Unit (CRU), was
contacted on July 18, 2015 at approximately 5:20 p.m. by the Town of Southold Police
Department to respond to westbound County Route 48 at the intersection with Depot
Lane, Town of Southold, County of Suffolk, State of New York, to investigate a two
vehicle, four person fatal collision resulting in the deaths of three 23 year old and one 24
year old females. The collision occurred on July 18, 2015 at approximately 5:11 p.m.
I arrived on scene at approximately 5:40 p.m. on July 18, 2015 and was briefed on
the incident by Southold Town Police Detective Kenneth Richert. He indicated that
Vehicle 1, a 2005 Dodge pickup, was traveling westbound on County Route 48 when
Vehicle 2, a 2007 Lincoln limousine, initiated a U-turn at the intersection of Depot Lane
causing Vehicle 1 to collide into Vehicle 2.
Senior Investigator Christopher F. Sweeney, Troop L Forensic Identification Unit
(FIU), photographed the scene, documenting the scene as initially observed at the time of
the investigation. I measured and documented the scene using the Leica TSO2 Electronic
Work Station (ETWS), serial # 1337858 and Archer Evidence Recorder serial #93951.
Troopers Sean A. Lammens and Charles C. Weilminster, Troop L CRU were also on
scene and assisted me in securing measurements.
COLLISION SCENE DESCRIPTION
At the time of the collision, County Route 48 in the vicinity of Depot Lane was a
four (4) lane asphalt roadway. The roadway was divided by a grass median with two (2)
lanes traveling in an eastbound direction and two (2) lanes traveling in a westbound
direction. The lanes in both directions were divided by broken white pavement markings
that indicate passing was permitted. Both the eastbound and westbound sides of the
roadway had one (1) left and one (1) right turn lane that permitting access to the
intersection of Depot Lane. The westbound lane widths were approximately 11.9 feet for
the right turn lane, 12.0 feet for the right lane, 12.3 for the left lane, and 12.2 feet for the
left turn lane. The intersection of County Route 48 and Depot Lane is controlled with a
traffic signal light that flashes yellow on the eastbound and westbound lanes of County
Road 48, and a traffic signal light that flashes red on the northbound and southbound
lanes of Depot Lane. Depot Lane, northbound and southbound, is additionally posted
with a stop sign at the intersection of County Route 48. The line of sight in the area of the
collision was clear, with the exception of the intersection being partially obstructed with
an uninvolved vehicle waiting in the westbound left turn lane to turn south (detailed later
in this report).
The asphalt roadway surface itself was in good condition and free from any
defects. The shoulder on the north side of westbound lanes was asphalt and extended
FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022
approximately 3.8 feet beyond the fog line, at its widest point, to the grass line. The
shoulder on the south side of the eastbound lanes was asphalt and extended
approximately 11 3 feet beyond the fog line, at its widest point, to the grass line. The
speed limit for the roadway was posted at 55 mph. At the time of the investigation, the
weather was partly cloudy, dry, and calm with a temperature of approximately 74 degrees
Fahrenheit. The roadway lane markings were worn, but visible, and the roadway itself
evidenced no irregularities or deficiencies that would have contributed to this collision.
Eastbound County Route 48, view facing east
Westbound County Route 48, view facing west
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COLLISION SCENE EVIDENCE
On July 18, 2015, I and other Members of the Troop L Collision Reconstruction
Unit and the Forensic Identification Unit inspected the collision scene for physical
evidence pertinent to the investigation. Locations of the evidence were photographed,
documented, and forensically mapped. They included but were not limited to: vehicle
debris, roadway debris, tire marks, scratches, and the involved vehicles. The evidence
was located on the westbound side of County Route 48 and began approximately 87.2
feet west of the fire hydrant located on the north side grass line. A debris field from the
collision was located approximately 52.9 feet west of the start of TM1 (tire mark 1).
Tire mark evidence at the scene consisted of three (3) tire marks from Vehicle 1,
and three (3) tire marks from Vehicle 2. Vehicle l's pre-impact tire marks started and
terminated in the left lane of westbound County Route 48, just prior to the intersection.
Vehicle 1 and Vehicle 2's post impact tire marks started in the left lane of County Route
48, at the intersection, continued, and terminated in the right lane of County Route 48.
Vehicle 1 and Vehicle 2's tiremarks were dark and distinct.
Tire mark 1, pre-impact, made by Vehicle 1 measured approximately 40.9 feet.
Tire mark 2, pre-impact, made by Vehicle 1 measured approximately 33.5 feet.
Tire mark 3, post impact, made by Vehicle 2 measured approximately 32.3 feet.
Tire mark 4, post impact, made by Vehicle 2 measured approximately 39.4 feet.
Tire mark 5, post impact, made by Vehicle 2 measured approximately 3.5 feet.
Tire mark 6, post impact, made by Vehicle 1 measured approximately 4.3 feet.
Other pieces of metal and plastic debris were observed and not documented due to
the small size, numerous quantities, and itssusceptibility to movement.
VEHICLE EXAMINATIONS
Vehicle 1:
On July 23, 2015, I conducted a visual examination of Vehicle 1 at the Southold
Town Police Department Impound yard. Vehicle 1 was a 2005 Dodge Dakota pickup,
color red, with VIN # 1D7HW58N55S227605. It exhibited a New York registration,
bearing plate number EFC3050, expiring 01/22/16 and was operated by STEVEN D.
ROMEO, DOB 07/07/60 of PO Box 155 Southold, NY 11971. The inspection certificate
was expired, expiring on 06/30/15. Vehicle 1 sustained contact damage to the front end,
the driver and passenger side front quarter panels. The principal direction of force in the
collision was from front to rear. All the glass in the vehicle, except the front windshield,
was intact and did not fracture during the collision. The windshield had induced fracture
damage as a result of the collision.
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Vehicle 1 had power disc brakes on the front, drum brakes on the rear, and ABS
on the rear wheels. The vehicle's brakes were checked and no deficiencies were noted.
The vehicle was equipped with four P265/70R16 Goodyear Wrangler RT/S tires. The
tires all had sufficient tread depth and tire pressure to pass inspection.
On July 31, 2015, I, in addition to Trooper Michael M. Messina, Troop L
Commercial Vehicle Enforcement Unit, responded to the Southold Town Police
Department Impound yard to weigh Vehicle l. Vehicle 1 was weighed and returned a
total weight of 4,850 lbs.
VEHICLE RECALL / MECHANICAL FAILURE EXAMINATION
A check of recalls through the National Highway Transportation Safety
Administration Office of Defects Investigations for Vehicle 1 revealed one (1) open
safety recall. This recall was related to a driver airbag inflator and was not related to this
collision. There was no other evidence of any other vehicle recall or mechanical failure
of this vehicle that can be listed as a contributing factor.
RESTRAINT EXAMINATIONS
I examined the seatbelt system in Vehicle 1 for signs of operability and usage.
The front driver and passenger side seatbelt restraints were of a three point lap belt and
harness. The driver side seatbelt was extended, not locked, not buckled, and was in use at
the time of the collision. The front passenger side seatbelt was retracted and not locked.
All the other seatbelts were retracted and not in a locked position. Vehicle 1 was
equipped with driver and passenger front airbags, none of which deployed upon impact.
Uncontrolled final rest position of Vehicle 1, westbound County Route 48 at Depot Lane
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NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022
Vehicle 2:
On July 23, 2015, I conducted a visual examination on Vehicle 2 at the Suffolk
County Police Department Impound yard, Westhampton, NY. Vehicle 2 was a 2007
Lincoln Town car, limousine, color black, with VIN # ILIFM88W87Y616205. It
exhibited a New York registration, bearing plate number N102124C, expiring 12/31/15
and was operated by CARLOS F. PINO, DOB 07/10/1957 of 721 Old Bethpage Rd, Old
Bethpage, NY 11804. The inspection certificate was current expiring 04/30/16. Vehicle 2
sustained contact damage to the passenger side mid section of the vehicle. The principal
direction of force in the collision was from the passenger side to driver side. All the glass
in the vehicle, except the rear window, front driver side and rear passenger side windows,
fractured during the collision.
Vehicle 2 had power disc brakes, and ABS on all four wheels. The vehicle's
brakes were checked and no deficiencies were noted. The vehicle was equipped with
four P245/60R17 Michelin Energy LX4 tires. The tires all had sufficient tread depth and
tire pressure to pass inspection. Vehicle 2 was additionally modified for use as a
limousine and was equipped with additional seating. Vehicle 2 was not equipped with a
front passenger seat, and was equipped with seating capacity for a total of nine (9)
passengers in the rear.
On July 31, 2015, I, in addition to Trooper Michael M. Messina, Troop L
Commercial Vehicle Enforcement Unit, responded to Ultimate Class Limousine Inc.,
12B Commercial Street, Hicksville NY 11801, to weigh an exemplar vehicle to Vehicle
2, due to the severe damage sustained by Vehicle 2 in the collision. The exemplar
vehicle to Vehicle 2 was weighed and retumed a total weight of 5,900 lbs.
VEHICLE RECALL / MECHANICAL FAILURE EXAMINATION
A check of recalls through the National Highway Transportation Safety
Administration Office of Defects Investigations for Vehicle 2 revealed one (1) open
safety recall. This recall was related to a steering column shaft, and was not related to
this collision. There was no other evidence of any other vehicle recall or mechanical
failure of this vehicle that can be listed as a contributing factor.
RESTRAINT EXAMINATIONS
Writer examined the seatbelt system in Vehicle 2 for signs of operability and
usage. The front driver side seatbelt was retracted, not locked, not buckled and not in use
at the time of the collision. The rear passenger compartment of the Vehicle 2 was
equipped with nine (9) seatbelt restraints. The rearmost three (3) seatbelts were of a three
point lap belt and harness. The remaining six (6) seatbelts in the rear of Vehicle 2 were
of a lap belt system only. The rearmost three (3) seatbelts were retracted, and not
buckled. The remaining six (6) lap belt only seatbelts were not buckled. Due to the
extensive damage sustained by Vehicle 2 inthe collision, I was unable to determine the
rear seatbelt use in this vehicle.
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FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022
Uncontrolled final rest pos ton of Veh c e 2 estbound Route 48 at Depot Lane
County
Exemplar Limousine interior view, view facing toward driver
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Exemplar Limousine interior view, view facing toward rear of vehicle
COLLISION PHASES
PRE-lMPACT
Vehicle 1 was traveling westbound in the left lane of County Route 48 east of
Depot Lane. Vehicle 2 was traveling eastbound on County Route 48 and attempting to
make a U-turn to westbound County Route 48, at the intersection of Depot Lane.
IMPACT
As Vehicle 2 entered the intersection and initiated a U-turn across both westbound
lanes of County Route 48, Vehicle 1 collided into the passenger side of Vehicle 2.
POST-IMPACT
Vehicle 1 and Vehicle 2, came to an uncontrolled final rest, together,
approximately 41 feet from initial impact, at the northwest corner of the intersection of
County Route 48 and Depot Lane.
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FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022
MATHEMATICAL FINDINGS
The topic of speed was of primary consideration in this collision. To that end,
tests were conducted at the scene to determine the coefficient of friction (f) of the
roadway.
Skid tests were conducted in the same area on the roadway as the tire marks.
These tests were conducted utilizing a VC4000 skid test computer, serial #
VC410050445 , and a 2010 Southold Police Department Ford Crown Victoria Police
an average ffactor on this surface off= 0.75. Similar tests
Interceptor, yielding braking
have been conducted with the same VC4000. The VC4000 has previously been calibrated
with results falling within accepted tolerances.
I utilized time/distance formulas to calculate stopping distances and perception
reaction distances for Vehicle 1. I also utilized the Institute of Police Technology and
Management accepted value of 1.6 seconds for perception/reaction time. Using these
formulas, I was able to calculate time and distances needed for Vehicle 1 to come to a
complete stop. These calculations determined that when Vehicle 1 was able to react to
Vehicle 2 coming through the intersection, at a sight distance of approximately 200',
263'
Vehicle 1 would have required a total stopping distance of approximately and 4.93
seconds to come to a complete stop if traveling at the posted speed limit of 55 mph.
These tests determined that even ifVehicle 1 had seen Vehicle 2 to make a U-
attempting
turn at the intersection and braked, Vehicle 1 would not have been able to avoid the
collision.
I additionally utilized a momentum formula to calculate an accurate speed range
estimate for Vehicle 1 from the physical evidence at the scene. I utilized a combined
weight, including the occupant for Vehicle 1 of 5,030 lbs. I utilized a combined weight,
including occupants for Vehicle 2 of 6,930 lbs. I then adjusted braking efficiency of
Vehicle 1 and Vehicle 2, post impact to a range of 50%-60%, due to Vehicle 1 and
Vehicle 2 departing post-impact as one (1) combined unit.
Utilizing this formula, I computed an accurate speed estimate range post-impact
for Vehicle I and Vehicle 2 of 21-23 mph. Writer computed an accurate speed estimate
range at impact for Vehicle 1 of 51-56 mph. Writer computed and accurate speed
estimate range at the start of the tire marks for Vehicle 1 of 57-61 mph.
These calculations were performed in a conservative manner and in accordance
with accepted collision reconstruction protocols.
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FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022
SPECIAL TOPICS
DRIVER HISTORY
A New York State Department of Motor Vehicles check was performed
on the operator of Vehicle 1, STEVEN D ROMEO, DOB 07/07/60, showing that he
"DM"
possessed a valid class New York State driver license, expiring 07/07/19, with no
active suspensions or revocations.
A New York State Department of Motor Vehicles check was performed
on the operator of Vehicle 2, CARLOS F. PINO, DOB 07/10/57, showing that he
"C"
possessed a valid class New York State Commercial driver license, expiring
07/10/19, with no active suspensions or revocations.
CRASH DATA RETRIEVAL
Vehicle 1 was not a supported vehicle of the Bosch Crash Data Retrieval System,
therefore, no Crash Data Retrieval (CDR) was able to be conducted on Vehicle 1.
On July 23, 2015, I conducted Crash Data Retrieval, utilizing the Bosch Crash
Data Retrieval System, from the airbag control module (ACM) and powertrain control
module (PCM) from Vehicle 2. Vehicle 2 was supported as a CDR vehicle, and ACM
events were triggered. The ACM indicated that both frontal and side events were
recorded. Additionally the ACM indicated that the driver and passenger belt switch
circuit status as "Unbuckled". The passenger occupant classification status as "Empty",
as there was no front seat affixed to Vehicle 2. Vehicle 2 additionally had a side trigger
event that indicated the same data as the frontal trigger event. A PCM restraint
deployment signal was not received from Vehicle 2. Due to Vehicle 2's PCM not
"freeze"
receiving this deployment signal, the PCM data on Vehicle 2 did not the data
and continued overwrite and record data on the PCM.
TOXICOLGY
The Suffolk County Medical Examiner toxicology laboratory report dated July
20, 2015 attested to by Kristin Ferraro, Forensic Scientist 1, revealed the operator of
Vehicle 1, STEVEN ROMEO, had a 0.06% ethanol present in his blood, Kit # 14435.
Additionally, a toxicology laboratory report dated July 20, 2015 attested to by Kristin
Ferraro, Forensic Scientist 1, revealed the operator of Vehicle 1, STEVEN ROMEO, had
a 0.05% ethanol present in his hospital blood, Kit # HB-071815.
The Suffolk County Medical Examiner toxicology laboratory report dated August
12, 2015 attested to by Edward Minden, Forensic Scientist II,revealed the operator of
Vehicle CARLOS had no ethanol detected in his hospital Kit # HB-
2, PINO, blood,
081215A . Additionally, a supplemental toxicology laboratory report dated August 14,
2015 attested to by Lori Arendt, Forensic Scientist III,revealed the operator of Vehicle 2,
CARLOS PINO, had no drugs detected in his blood, Kit # HB-081215A.
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WITNESS STATEMENTS
The statement of LAUREN FICURILLI stated that she was traveling westbound
on County Route 48 and upon approaching Depot Lane, she entered the left turn lane at
that intersection and stopped to wait to make the turn. Ms. Ficurilli stated that she
observed a limo in the eastbound left turn lane of County Route 48 and then saw that
same limo start to make a left turn. Ms. Ficurilli further states that she then saw a red
truck crash into the passenger side of the limo, and both vehicles sliding sideways until
they came to a stop in the middle of the road.
The statement of JASON COOPER stated that he was traveling eastbound on
County Route 48 approaching Depot Lane preparing to make a right turn to head south
on Depot Lane. Mr. Cooper states that he saw a limo making a U-turn on County Route
48 to go back westbound on County Route 48. Mr, Cooper further states that he saw a red
Dodge truck going westbound on County Route 48 traveling at an average speed. Mr.
truck.2
Cooper then saw the limo turn and get blasted in the side by the
The statement of SYDNEY GOY stated that she was traveling eastbound on
County Route 48 approaching Depot Lane when she saw a black limo creeping forward
in the lefthand turn lane. Ms. Goy states that the limo drove deep into the intersection
before making a left turn. Ms. Goy further states that at this same time, a Jeep Liberty
approached the intersection going westbound attempting to make a left turn to go south.
Ms. Goy stated as the limo began turning, both the views of the limo driver and jeep
driver were blocked, and with this blocked view, the limo driver could not see the red
truck traveling westbound in the left lane. Additionally, Ms. Goy states that red trucks
view was blocked also. The limo then proceeded to make a U-turn and the red truck
drove right into the side of the limo.
COLLISION RE-ENACTMENT/VISUAL CONSPICUITY TESTING
On August 20, 2015, I and other members of the Troop L Collision
Reconstruction and Forensic Identification Unit, Southold Town Police Department,
Suffolk County Police Department, and Suffolk County District Attorneys Office
returned to the collision scene to conduct a collision re-enactment and visual conspiculty
testing. Exemplar vehicles of Vehicle 1 and Vehicle 2 were positioned in various
locations in the collision scene, in addition to an exemplar uninvolved witness vehicle, a
Jeep Liberty. The witness vehicle was positioned in the westbound left turn lane of
County Route 48 at Depot Lane, to observe any possible sight distance limitations that
may have affected either view of the drivers involved.
To that end, tests conducted indicated that the first opportunity that either driver
may have been able to observe a hazard about to occur was at approximately 200 feet east
SupportingDeposition by LAURENFICURILL1, DOB 10/02/94, dated August 25, 2015.
supportingDeposition by JAsON
COOPER, DOB03/20/70, dated July 18, 2015
supporting by SYDNEY
Deposition GOY, DOB08/30/96,dated July 21.2015.
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NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022
of the location of the impact. As discussed in a previous section, mathematical findings
indicated that a vehicle traveling at 55mph would have required approximately 263 feet
to come to a complete stop to avoid the collision.
View from the exemplar Lincoln Limousine, re-enactment, with the exemplar Dodge pickup visible
200'
approximately east of the area of impact
CONCLUSIONS / FINDINGS
Based on the totality of the investigation conducted by Members of the Troop L
Collision Reconstruction Unit, Troop L Forensic Identification Unit, the Southold Town
Police Department and I,conclusions regarding this collision were determined.
At approximately 5:11 p.m. on Saturday, July 18, 2015, Vehicle 1, a 2005 Dodge
Dakota, being operated by Steven D. Romeo, was traveling westbound on County Route
48 approaching Depot Lane. Vehicle 2, a 2007 Lincoln Limousine, being operated by
Carlos F. Pino, was traveling eastbound on County Route 48 approaching the intersection
at Depot Lane. An uninvolved Jeep Liberty was positioned in the left turn lane of
westbound County Route 48, waiting to turn south onto Depot Lane. Vehicle 2 entered
the intersection of eastbound County Route 48 at Depot Lane, from the left turn lane, and
initiated a U-turn onto westbound County Route 48. The operator of Vehicle 2, Carlos F.
Pino, unable to clearly see east past the intersection due to the Jeep Liberty's position
limiting his sight distance, continued to attempt to make a U-turn. Vehicle 2 continued
through the intersection, and was positioned almost completely perpendicular to County
Route 48 blocking the right and leftwestbound travel lanes of County Route 48. Vehicle
1, which was traveling in the left lane westbound on County Route 48 was unable to stop
in time and collided into the passenger side of Vehicle 2. Both Vehicle 1 and Vehicle 2
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NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022
came to an uncontrolled final rest, as a single unit, on the northwest corner of the
intersection.
It should be noted that there was no signage posted at the intersection of County
Route 48 at Depot Lane preventing U-turns. As dictated in the New York State Vehicle
& Traffic Law section 1160(e), "U-turns shall be made from and to that portion of the
highway nearest the marked center line. Where more than one lane of a highway bas been
designated for left turns, U-turns shall be made only from the lane so designated that is
adjacent to the marked center line". Because Vehicle 2 was an extended length
limousine, approximately 28 feet in length, completing the U-turn by Vehicle 2, legally
and in conformance with the New York State Vehicle and Traffic Law would be
impossible.
Roadway defects and vehicular defects have been considered and ruled out as
contributing factors to the cause of this collision.
The primary causative factors in this collision are failing to yield the right of
way and improper turn/lane usage, on the part of the operator of Vehicle 2,
CARLOS F. PINO.
DIAGRAMS
This report includes a scale diagram that depicts scene evidence, the positions of
Vehicle 1 and Vehicle 2, pre-impact and post-impact.
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NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022
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NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022
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FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 Exhibit “11” FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 Two Vehicle - Four Person Fatal Collision Westbound County Route 48 at Depot Lane Town of Southold County of Suffolk July 18, 2015 5:11 p.m. Troop L Collision Reconstruction Unit 7140 Republic Airport East Farmingdale, New York 11735 Telephone (631) 756-3318 Facsimile (631) 756-3313 Prepared by Trooper Fabio D. Daino FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 INTRODUCTION I, Trooper Fabio D. Daino, Troop L Collision Reconstruction Unit (CRU), was contacted on July 18, 2015 at approximately 5:20 p.m. by the Town of Southold Police Department to respond to westbound County Route 48 at the intersection with Depot Lane, Town of Southold, County of Suffolk, State of New York, to investigate a two vehicle, four person fatal collision resulting in the deaths of three 23 year old and one 24 year old females. The collision occurred on July 18, 2015 at approximately 5:11 p.m. I arrived on scene at approximately 5:40 p.m. on July 18, 2015 and was briefed on the incident by Southold Town Police Detective Kenneth Richert. He indicated that Vehicle 1, a 2005 Dodge pickup, was traveling westbound on County Route 48 when Vehicle 2, a 2007 Lincoln limousine, initiated a U-turn at the intersection of Depot Lane causing Vehicle 1 to collide into Vehicle 2. Senior Investigator Christopher F. Sweeney, Troop L Forensic Identification Unit (FIU), photographed the scene, documenting the scene as initially observed at the time of the investigation. I measured and documented the scene using the Leica TSO2 Electronic Work Station (ETWS), serial # 1337858 and Archer Evidence Recorder serial #93951. Troopers Sean A. Lammens and Charles C. Weilminster, Troop L CRU were also on scene and assisted me in securing measurements. COLLISION SCENE DESCRIPTION At the time of the collision, County Route 48 in the vicinity of Depot Lane was a four (4) lane asphalt roadway. The roadway was divided by a grass median with two (2) lanes traveling in an eastbound direction and two (2) lanes traveling in a westbound direction. The lanes in both directions were divided by broken white pavement markings that indicate passing was permitted. Both the eastbound and westbound sides of the roadway had one (1) left and one (1) right turn lane that permitting access to the intersection of Depot Lane. The westbound lane widths were approximately 11.9 feet for the right turn lane, 12.0 feet for the right lane, 12.3 for the left lane, and 12.2 feet for the left turn lane. The intersection of County Route 48 and Depot Lane is controlled with a traffic signal light that flashes yellow on the eastbound and westbound lanes of County Road 48, and a traffic signal light that flashes red on the northbound and southbound lanes of Depot Lane. Depot Lane, northbound and southbound, is additionally posted with a stop sign at the intersection of County Route 48. The line of sight in the area of the collision was clear, with the exception of the intersection being partially obstructed with an uninvolved vehicle waiting in the westbound left turn lane to turn south (detailed later in this report). The asphalt roadway surface itself was in good condition and free from any defects. The shoulder on the north side of westbound lanes was asphalt and extended FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 approximately 3.8 feet beyond the fog line, at its widest point, to the grass line. The shoulder on the south side of the eastbound lanes was asphalt and extended approximately 11 3 feet beyond the fog line, at its widest point, to the grass line. The speed limit for the roadway was posted at 55 mph. At the time of the investigation, the weather was partly cloudy, dry, and calm with a temperature of approximately 74 degrees Fahrenheit. The roadway lane markings were worn, but visible, and the roadway itself evidenced no irregularities or deficiencies that would have contributed to this collision. Eastbound County Route 48, view facing east Westbound County Route 48, view facing west 2 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 COLLISION SCENE EVIDENCE On July 18, 2015, I and other Members of the Troop L Collision Reconstruction Unit and the Forensic Identification Unit inspected the collision scene for physical evidence pertinent to the investigation. Locations of the evidence were photographed, documented, and forensically mapped. They included but were not limited to: vehicle debris, roadway debris, tire marks, scratches, and the involved vehicles. The evidence was located on the westbound side of County Route 48 and began approximately 87.2 feet west of the fire hydrant located on the north side grass line. A debris field from the collision was located approximately 52.9 feet west of the start of TM1 (tire mark 1). Tire mark evidence at the scene consisted of three (3) tire marks from Vehicle 1, and three (3) tire marks from Vehicle 2. Vehicle l's pre-impact tire marks started and terminated in the left lane of westbound County Route 48, just prior to the intersection. Vehicle 1 and Vehicle 2's post impact tire marks started in the left lane of County Route 48, at the intersection, continued, and terminated in the right lane of County Route 48. Vehicle 1 and Vehicle 2's tiremarks were dark and distinct. Tire mark 1, pre-impact, made by Vehicle 1 measured approximately 40.9 feet. Tire mark 2, pre-impact, made by Vehicle 1 measured approximately 33.5 feet. Tire mark 3, post impact, made by Vehicle 2 measured approximately 32.3 feet. Tire mark 4, post impact, made by Vehicle 2 measured approximately 39.4 feet. Tire mark 5, post impact, made by Vehicle 2 measured approximately 3.5 feet. Tire mark 6, post impact, made by Vehicle 1 measured approximately 4.3 feet. Other pieces of metal and plastic debris were observed and not documented due to the small size, numerous quantities, and itssusceptibility to movement. VEHICLE EXAMINATIONS Vehicle 1: On July 23, 2015, I conducted a visual examination of Vehicle 1 at the Southold Town Police Department Impound yard. Vehicle 1 was a 2005 Dodge Dakota pickup, color red, with VIN # 1D7HW58N55S227605. It exhibited a New York registration, bearing plate number EFC3050, expiring 01/22/16 and was operated by STEVEN D. ROMEO, DOB 07/07/60 of PO Box 155 Southold, NY 11971. The inspection certificate was expired, expiring on 06/30/15. Vehicle 1 sustained contact damage to the front end, the driver and passenger side front quarter panels. The principal direction of force in the collision was from front to rear. All the glass in the vehicle, except the front windshield, was intact and did not fracture during the collision. The windshield had induced fracture damage as a result of the collision. 3 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 Vehicle 1 had power disc brakes on the front, drum brakes on the rear, and ABS on the rear wheels. The vehicle's brakes were checked and no deficiencies were noted. The vehicle was equipped with four P265/70R16 Goodyear Wrangler RT/S tires. The tires all had sufficient tread depth and tire pressure to pass inspection. On July 31, 2015, I, in addition to Trooper Michael M. Messina, Troop L Commercial Vehicle Enforcement Unit, responded to the Southold Town Police Department Impound yard to weigh Vehicle l. Vehicle 1 was weighed and returned a total weight of 4,850 lbs. VEHICLE RECALL / MECHANICAL FAILURE EXAMINATION A check of recalls through the National Highway Transportation Safety Administration Office of Defects Investigations for Vehicle 1 revealed one (1) open safety recall. This recall was related to a driver airbag inflator and was not related to this collision. There was no other evidence of any other vehicle recall or mechanical failure of this vehicle that can be listed as a contributing factor. RESTRAINT EXAMINATIONS I examined the seatbelt system in Vehicle 1 for signs of operability and usage. The front driver and passenger side seatbelt restraints were of a three point lap belt and harness. The driver side seatbelt was extended, not locked, not buckled, and was in use at the time of the collision. The front passenger side seatbelt was retracted and not locked. All the other seatbelts were retracted and not in a locked position. Vehicle 1 was equipped with driver and passenger front airbags, none of which deployed upon impact. Uncontrolled final rest position of Vehicle 1, westbound County Route 48 at Depot Lane 4 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 Vehicle 2: On July 23, 2015, I conducted a visual examination on Vehicle 2 at the Suffolk County Police Department Impound yard, Westhampton, NY. Vehicle 2 was a 2007 Lincoln Town car, limousine, color black, with VIN # ILIFM88W87Y616205. It exhibited a New York registration, bearing plate number N102124C, expiring 12/31/15 and was operated by CARLOS F. PINO, DOB 07/10/1957 of 721 Old Bethpage Rd, Old Bethpage, NY 11804. The inspection certificate was current expiring 04/30/16. Vehicle 2 sustained contact damage to the passenger side mid section of the vehicle. The principal direction of force in the collision was from the passenger side to driver side. All the glass in the vehicle, except the rear window, front driver side and rear passenger side windows, fractured during the collision. Vehicle 2 had power disc brakes, and ABS on all four wheels. The vehicle's brakes were checked and no deficiencies were noted. The vehicle was equipped with four P245/60R17 Michelin Energy LX4 tires. The tires all had sufficient tread depth and tire pressure to pass inspection. Vehicle 2 was additionally modified for use as a limousine and was equipped with additional seating. Vehicle 2 was not equipped with a front passenger seat, and was equipped with seating capacity for a total of nine (9) passengers in the rear. On July 31, 2015, I, in addition to Trooper Michael M. Messina, Troop L Commercial Vehicle Enforcement Unit, responded to Ultimate Class Limousine Inc., 12B Commercial Street, Hicksville NY 11801, to weigh an exemplar vehicle to Vehicle 2, due to the severe damage sustained by Vehicle 2 in the collision. The exemplar vehicle to Vehicle 2 was weighed and retumed a total weight of 5,900 lbs. VEHICLE RECALL / MECHANICAL FAILURE EXAMINATION A check of recalls through the National Highway Transportation Safety Administration Office of Defects Investigations for Vehicle 2 revealed one (1) open safety recall. This recall was related to a steering column shaft, and was not related to this collision. There was no other evidence of any other vehicle recall or mechanical failure of this vehicle that can be listed as a contributing factor. RESTRAINT EXAMINATIONS Writer examined the seatbelt system in Vehicle 2 for signs of operability and usage. The front driver side seatbelt was retracted, not locked, not buckled and not in use at the time of the collision. The rear passenger compartment of the Vehicle 2 was equipped with nine (9) seatbelt restraints. The rearmost three (3) seatbelts were of a three point lap belt and harness. The remaining six (6) seatbelts in the rear of Vehicle 2 were of a lap belt system only. The rearmost three (3) seatbelts were retracted, and not buckled. The remaining six (6) lap belt only seatbelts were not buckled. Due to the extensive damage sustained by Vehicle 2 inthe collision, I was unable to determine the rear seatbelt use in this vehicle. 5 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 Uncontrolled final rest pos ton of Veh c e 2 estbound Route 48 at Depot Lane County Exemplar Limousine interior view, view facing toward driver 6 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 Exemplar Limousine interior view, view facing toward rear of vehicle COLLISION PHASES PRE-lMPACT Vehicle 1 was traveling westbound in the left lane of County Route 48 east of Depot Lane. Vehicle 2 was traveling eastbound on County Route 48 and attempting to make a U-turn to westbound County Route 48, at the intersection of Depot Lane. IMPACT As Vehicle 2 entered the intersection and initiated a U-turn across both westbound lanes of County Route 48, Vehicle 1 collided into the passenger side of Vehicle 2. POST-IMPACT Vehicle 1 and Vehicle 2, came to an uncontrolled final rest, together, approximately 41 feet from initial impact, at the northwest corner of the intersection of County Route 48 and Depot Lane. 7 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 MATHEMATICAL FINDINGS The topic of speed was of primary consideration in this collision. To that end, tests were conducted at the scene to determine the coefficient of friction (f) of the roadway. Skid tests were conducted in the same area on the roadway as the tire marks. These tests were conducted utilizing a VC4000 skid test computer, serial # VC410050445 , and a 2010 Southold Police Department Ford Crown Victoria Police an average ffactor on this surface off= 0.75. Similar tests Interceptor, yielding braking have been conducted with the same VC4000. The VC4000 has previously been calibrated with results falling within accepted tolerances. I utilized time/distance formulas to calculate stopping distances and perception reaction distances for Vehicle 1. I also utilized the Institute of Police Technology and Management accepted value of 1.6 seconds for perception/reaction time. Using these formulas, I was able to calculate time and distances needed for Vehicle 1 to come to a complete stop. These calculations determined that when Vehicle 1 was able to react to Vehicle 2 coming through the intersection, at a sight distance of approximately 200', 263' Vehicle 1 would have required a total stopping distance of approximately and 4.93 seconds to come to a complete stop if traveling at the posted speed limit of 55 mph. These tests determined that even ifVehicle 1 had seen Vehicle 2 to make a U- attempting turn at the intersection and braked, Vehicle 1 would not have been able to avoid the collision. I additionally utilized a momentum formula to calculate an accurate speed range estimate for Vehicle 1 from the physical evidence at the scene. I utilized a combined weight, including the occupant for Vehicle 1 of 5,030 lbs. I utilized a combined weight, including occupants for Vehicle 2 of 6,930 lbs. I then adjusted braking efficiency of Vehicle 1 and Vehicle 2, post impact to a range of 50%-60%, due to Vehicle 1 and Vehicle 2 departing post-impact as one (1) combined unit. Utilizing this formula, I computed an accurate speed estimate range post-impact for Vehicle I and Vehicle 2 of 21-23 mph. Writer computed an accurate speed estimate range at impact for Vehicle 1 of 51-56 mph. Writer computed and accurate speed estimate range at the start of the tire marks for Vehicle 1 of 57-61 mph. These calculations were performed in a conservative manner and in accordance with accepted collision reconstruction protocols. 8 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 SPECIAL TOPICS DRIVER HISTORY A New York State Department of Motor Vehicles check was performed on the operator of Vehicle 1, STEVEN D ROMEO, DOB 07/07/60, showing that he "DM" possessed a valid class New York State driver license, expiring 07/07/19, with no active suspensions or revocations. A New York State Department of Motor Vehicles check was performed on the operator of Vehicle 2, CARLOS F. PINO, DOB 07/10/57, showing that he "C" possessed a valid class New York State Commercial driver license, expiring 07/10/19, with no active suspensions or revocations. CRASH DATA RETRIEVAL Vehicle 1 was not a supported vehicle of the Bosch Crash Data Retrieval System, therefore, no Crash Data Retrieval (CDR) was able to be conducted on Vehicle 1. On July 23, 2015, I conducted Crash Data Retrieval, utilizing the Bosch Crash Data Retrieval System, from the airbag control module (ACM) and powertrain control module (PCM) from Vehicle 2. Vehicle 2 was supported as a CDR vehicle, and ACM events were triggered. The ACM indicated that both frontal and side events were recorded. Additionally the ACM indicated that the driver and passenger belt switch circuit status as "Unbuckled". The passenger occupant classification status as "Empty", as there was no front seat affixed to Vehicle 2. Vehicle 2 additionally had a side trigger event that indicated the same data as the frontal trigger event. A PCM restraint deployment signal was not received from Vehicle 2. Due to Vehicle 2's PCM not "freeze" receiving this deployment signal, the PCM data on Vehicle 2 did not the data and continued overwrite and record data on the PCM. TOXICOLGY The Suffolk County Medical Examiner toxicology laboratory report dated July 20, 2015 attested to by Kristin Ferraro, Forensic Scientist 1, revealed the operator of Vehicle 1, STEVEN ROMEO, had a 0.06% ethanol present in his blood, Kit # 14435. Additionally, a toxicology laboratory report dated July 20, 2015 attested to by Kristin Ferraro, Forensic Scientist 1, revealed the operator of Vehicle 1, STEVEN ROMEO, had a 0.05% ethanol present in his hospital blood, Kit # HB-071815. The Suffolk County Medical Examiner toxicology laboratory report dated August 12, 2015 attested to by Edward Minden, Forensic Scientist II,revealed the operator of Vehicle CARLOS had no ethanol detected in his hospital Kit # HB- 2, PINO, blood, 081215A . Additionally, a supplemental toxicology laboratory report dated August 14, 2015 attested to by Lori Arendt, Forensic Scientist III,revealed the operator of Vehicle 2, CARLOS PINO, had no drugs detected in his blood, Kit # HB-081215A. 9 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 WITNESS STATEMENTS The statement of LAUREN FICURILLI stated that she was traveling westbound on County Route 48 and upon approaching Depot Lane, she entered the left turn lane at that intersection and stopped to wait to make the turn. Ms. Ficurilli stated that she observed a limo in the eastbound left turn lane of County Route 48 and then saw that same limo start to make a left turn. Ms. Ficurilli further states that she then saw a red truck crash into the passenger side of the limo, and both vehicles sliding sideways until they came to a stop in the middle of the road. The statement of JASON COOPER stated that he was traveling eastbound on County Route 48 approaching Depot Lane preparing to make a right turn to head south on Depot Lane. Mr. Cooper states that he saw a limo making a U-turn on County Route 48 to go back westbound on County Route 48. Mr, Cooper further states that he saw a red Dodge truck going westbound on County Route 48 traveling at an average speed. Mr. truck.2 Cooper then saw the limo turn and get blasted in the side by the The statement of SYDNEY GOY stated that she was traveling eastbound on County Route 48 approaching Depot Lane when she saw a black limo creeping forward in the lefthand turn lane. Ms. Goy states that the limo drove deep into the intersection before making a left turn. Ms. Goy further states that at this same time, a Jeep Liberty approached the intersection going westbound attempting to make a left turn to go south. Ms. Goy stated as the limo began turning, both the views of the limo driver and jeep driver were blocked, and with this blocked view, the limo driver could not see the red truck traveling westbound in the left lane. Additionally, Ms. Goy states that red trucks view was blocked also. The limo then proceeded to make a U-turn and the red truck drove right into the side of the limo. COLLISION RE-ENACTMENT/VISUAL CONSPICUITY TESTING On August 20, 2015, I and other members of the Troop L Collision Reconstruction and Forensic Identification Unit, Southold Town Police Department, Suffolk County Police Department, and Suffolk County District Attorneys Office returned to the collision scene to conduct a collision re-enactment and visual conspiculty testing. Exemplar vehicles of Vehicle 1 and Vehicle 2 were positioned in various locations in the collision scene, in addition to an exemplar uninvolved witness vehicle, a Jeep Liberty. The witness vehicle was positioned in the westbound left turn lane of County Route 48 at Depot Lane, to observe any possible sight distance limitations that may have affected either view of the drivers involved. To that end, tests conducted indicated that the first opportunity that either driver may have been able to observe a hazard about to occur was at approximately 200 feet east SupportingDeposition by LAURENFICURILL1, DOB 10/02/94, dated August 25, 2015. supportingDeposition by JAsON COOPER, DOB03/20/70, dated July 18, 2015 supporting by SYDNEY Deposition GOY, DOB08/30/96,dated July 21.2015. 19 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 of the location of the impact. As discussed in a previous section, mathematical findings indicated that a vehicle traveling at 55mph would have required approximately 263 feet to come to a complete stop to avoid the collision. View from the exemplar Lincoln Limousine, re-enactment, with the exemplar Dodge pickup visible 200' approximately east of the area of impact CONCLUSIONS / FINDINGS Based on the totality of the investigation conducted by Members of the Troop L Collision Reconstruction Unit, Troop L Forensic Identification Unit, the Southold Town Police Department and I,conclusions regarding this collision were determined. At approximately 5:11 p.m. on Saturday, July 18, 2015, Vehicle 1, a 2005 Dodge Dakota, being operated by Steven D. Romeo, was traveling westbound on County Route 48 approaching Depot Lane. Vehicle 2, a 2007 Lincoln Limousine, being operated by Carlos F. Pino, was traveling eastbound on County Route 48 approaching the intersection at Depot Lane. An uninvolved Jeep Liberty was positioned in the left turn lane of westbound County Route 48, waiting to turn south onto Depot Lane. Vehicle 2 entered the intersection of eastbound County Route 48 at Depot Lane, from the left turn lane, and initiated a U-turn onto westbound County Route 48. The operator of Vehicle 2, Carlos F. Pino, unable to clearly see east past the intersection due to the Jeep Liberty's position limiting his sight distance, continued to attempt to make a U-turn. Vehicle 2 continued through the intersection, and was positioned almost completely perpendicular to County Route 48 blocking the right and leftwestbound travel lanes of County Route 48. Vehicle 1, which was traveling in the left lane westbound on County Route 48 was unable to stop in time and collided into the passenger side of Vehicle 2. Both Vehicle 1 and Vehicle 2 11 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 came to an uncontrolled final rest, as a single unit, on the northwest corner of the intersection. It should be noted that there was no signage posted at the intersection of County Route 48 at Depot Lane preventing U-turns. As dictated in the New York State Vehicle & Traffic Law section 1160(e), "U-turns shall be made from and to that portion of the highway nearest the marked center line. Where more than one lane of a highway bas been designated for left turns, U-turns shall be made only from the lane so designated that is adjacent to the marked center line". Because Vehicle 2 was an extended length limousine, approximately 28 feet in length, completing the U-turn by Vehicle 2, legally and in conformance with the New York State Vehicle and Traffic Law would be impossible. Roadway defects and vehicular defects have been considered and ruled out as contributing factors to the cause of this collision. The primary causative factors in this collision are failing to yield the right of way and improper turn/lane usage, on the part of the operator of Vehicle 2, CARLOS F. PINO. DIAGRAMS This report includes a scale diagram that depicts scene evidence, the positions of Vehicle 1 and Vehicle 2, pre-impact and post-impact. 12 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 Hydrant Se O A C D TM3 TM4 TM6 E H $ 102/t CRU11735-153 ShadL WestboundCountyRd4Ba/i/wDepotLane - Twoveluele-FourPersonFatalcollision 15454 L of Troop Date York Numba - ew Police HU l8,2015at05:11p.m Demo gdal NewYorkstate rest rest Impact M9045 D Fabio Impact final r finallight F nWe 2 CC Vehicle N1021240 N1021240 signal PD EFC3050 EFC3050 ornwamy ScudmW July Legend traffic from NYNYNY NY field pole A-Scrotches 1 2 1 2 G-Overhead C-Vehicle D-Vehicle B-DebrisE-Vehicle F-Vehicle H-Utility FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1175 RECEIVED NYSCEF: 11/28/2022 Se TM1 S TM AO G A C D VIEW 3 4 TM TM 6 ˆD ZOOM E 3YeMO