By Nicole Falco
The spokeswoman, Katie Grilli-Robles, said that prosecutors are still reviewing the case, and that the manslaughter charges could be upgraded to second-degree murder. Prosecutors would have to provide evidence that Heidgen acted with "depraved indifference" to human life in order to get a murder indictment. Classic examples of depraved indifference include firing a gun into a crowd and driving at high speed down a crowded street.
Grilli-Robles would not comment on whether a grand jury had been empaneled, but a Long Beach attorney, who asked not to be identified, said such a step wasn't always necessary to upgrade charges. "They can arraign him on the new charge, or they can haul it before a grand jury and let the jury decide if there is enough evidence to charge him with the higher count," the expert said.
"Murder two also means 'with the intent to cause the death of another person,'" the attorney continued. "Obviously you can't go into the man's mind, but if he said something stupid [to the police] like, 'I was going to get on the road and kill myself by getting into a head-on collision,' then that would qualify."
Heidgen, 24, said only "I'm sorry" as he was brought into the Nassau County Courthouse in Mineola last Thursday in a wheelchair to face the victims' families for the first time since the July 2 incident. He had been arraigned at his bedside in the prison ward of Nassau University Medical Center in East Meadow after the fatal crash. Heidgen was treated for wrist and ankle injuries.
According to state police, Heidgen had a blood-alcohol content of .28, more than three times the legal limit, as he drove his Chevrolet pickup truck north in the southbound lanes of the Meadowbrook Parkway near Freeport at around 2 a.m. July 2. About 30 seconds before he smashed into the limousine carrying a family of six on its way home from a Bayville wedding, police say a witness called 911 to report that he had just missed colliding with the truck.
Seven-year-old Katie Flynn of Lido Beach, who had been the flower girl at her aunt's wedding earlier that day, was killed, as was Stanley Rabinowitz, 59, of Farmingdale, who worked for the U.S. Limousine Service in New Hyde Park. Katie's parents, Jennifer and Neil Flynn, her sister, Grace, and her grandparents, Denise and Chris Tangney of Long Beach, were injured in the crash. Denise Tangney is a Long Beach City Council candidate, and she announced this week that she will press on with her campaign.
A wake is planned for Katie on July 14 and 15 at Christopher T. Jordan Funeral Home in Island Park, and a funeral Mass is scheduled for Saturday at St. Ignatius Martyr Roman Catholic Church in Long Beach.
Police are still investigating where Heidgen was before the crash, whom he was with and where he entered the Meadowbrook Parkway. His parents, Kurt Heidgen of Little Rock, Ark., and Margot Heidgen of Valley Stream, have publicly expressed their sorrow for the Flynn, Tangney and Rabinowitz families as well as their son's. Repeated attempts to reach Heidgen's mother have been unsuccessful.
Heidgen is being represented by Steve LaMagna, a Garden City attorney. LaMagna had not return several calls for comment as the Herald went to press on Wednesday. Heidgen is due back in Nassau County Court for a conference on July 20 before Judge Alan Honorof. The assistant district attorney assigned to the case is Bob Hayden.
Heidgen, who moved to Valley Stream from Little Rock, and has been living with his mother, was previously arrested for driving under the influence of alcohol in September 2001 in Oxford, Miss., while a student at the University of Mississippi, according to previously published reports.
Doug Miller contributed to this story. Comments about it? NFalco@liherald.com or (516) 569-4000 ext. 208.
