By ANTHONY BOTTAN
The arraignment marked the first time that the state law has been used since it was enacted on Nov. 1. The new law makes Aggravated Vehicular Homicide a Class B felony punishable by up to 25 years in prison. Prior to the passage of the law, the majority of defendants involved in DWI fatalities were eligible for probation and no jail time. The minimum time of incarceration on a Class B felony is five years in prison.
"When we were drafting this bill, I was hoping that my office would not have the unfortunate opportunity to be the first to use it," Nassau County District Attorney Kathleen Rice said. "Unless we put this law to use and fight for other aggressive pieces of legislation, we will continue to lose lives on our roads."
Nassau County's District Attorney spokesman Eric Phillips said that given the facts of the case, the D.A. felt strongly that the circumstances warranted the application of this new law. According to Phillips, Rice plans to hold Santos accountable for her reported actions, quashing the idea of a plea bargain being reached.
According to police, during the early morning hours of Nov. 11, Santos was driving a 2006 Mercedes Benz westbound on Hempstead Turnpike in Levittown. She reportedly ran a red light at the intersection of Wantagh Avenue and Hempstead Turnpike, hitting a 2005 Chevrolet, driven by Nancy Tumminello of Elmont.
Rice said that Santos' blood-alcohol at the time of the crash was .24, three times the legal limit. The crash killed Casazza-Urgo and seriously injured 53-year-old Linda Chapman, of Levittown and Casazza-Urgo's husband, 53-year-old John Urgo.
To be found guilty of Aggravated Vehicular Homicide, it must be proven that the driver was recklessly driving and had a blood alcohol level of .18 or higher or had a suspended or revoked license for an alcohol offense. The law also applies if the driver had a prior DWI/DWAI conviction in the last 10 years or caused more than one death or caused a death and serious physical injury, or had a prior vehicle-related assault or homicide conviction.
Other charges Santos is facing include vehicular manslaughter, vehicular assault, assault, aggravated driving while intoxicated, and reckless driving. Nassau County Judge David Ayres set Santos' bail at $1 million cash or bond, and ordered her to return to court on Jan. 7.
