By Nick Buglione and Jeff Lipton
Scutellaro, 38, of Massapequa, was out with his family on a boating trip in Jones Bay on Saturday, Aug. 23, when he dropped anchor to go snorkeling for crabs.
Allegedly driving his boat between 45 and 50 miles per hour, Galante, who was returning from Fire Island with a friend, struck Scutellaro while he was partially submerged, police said. Two good Samaritans rushed to aid Scutellaro, but he was pronounced dead at Nassau University Medical Center in East Meadow at 6:27 p.m.
Galante, who lives on Camp Avenue, was charged with second-degree manslaughter on Dec. 12 because he was speeding at the time he hit Scutellaro, said Detective Sgt. Dennis Barry during a news conference. "All we know is he was traveling too fast and too close," Barry said. "This was no accident. Accidents for the most part are avoidable. With the boat moving at that rate of speed, if he slowed down, it could have been avoided. It was reckless conduct on his part."
Although there was no posted speed in the bay, New York navigation law dictates that boaters must travel at no more than five miles per hour when within 100 feet of an anchored boat. Town of Oyster Bay law also states that boaters must travel at "safe and prudent speed," Barry said.
Galante faces seven to 15 years in prison if convicted.
"We wanted to be thorough," said Barry on why it took nearly four months to bring criminal charges against Galante. "We wanted to interview witnesses. In this case, it's more important to be thorough than to be quick."
Barry said that a witness on a Wave Runner about 100 yards behind Galante saw him hit Scutellaro. "So not just the family of this victim saw this guy flying through the flat; we have a guy on a Wave Runner saying he saw him doing between 50 and 60 miles per hour," the detective said. "We have it conservatively at 45 to 50."
There's no evidence that drugs or alcohol played a part in the incident, Barry said.
After he hit Scutellaro, Galante turned around, called 911 and waited for police to arrive. When investigators asked him why he was going so fast, Galante said, "Everybody goes fast through the flat," according to Barry.
"I hope everybody, when they read or hear about this case, will say, 'We have to slow down,'" Barry said. "[Brian Scutellaro] was within close proximity of his boat, claming, crabbing, and just like that his life was taken."
In an August Herald article, police identified Galante as an East Meadow resident but it was later revealed that he was in fact from North Merrick.
In the initial police report, officers got Galante's address from the boat's registration, Barry said. It turned out, however that the boat was actually registered under Galante's father's name. His father lives in East Meadow.
