By Mike Schnitzel
Heidgen, 25, of Valley Stream, was found guilty of the most serious charge against him and faces a possible sentence of 25 years to life for slamming his pickup truck into a limousine while driving the wrong way on the Meadowbrook Parkway in the early hours of July 2, 2005. A passenger in the limousine, 7-year-old Katie Flynn of Lido Beach, and its driver, Stanley Rabinowitz, 59, of Farmingdale, were killed in the crash. Five other members of the Flynn family who were riding in the limousine survived, four of them sustaining serious injuries. Heidgen's blood alcohol content was nearly three times the legal limit of .08 percent.
Katie's parents were overcome with emotion when the verdict was read. "It was the right verdict," said her mother, Jennifer Flynn, outside the courtroom. "I'm happy for that."
"I will pray for the rest of my life for all the victims in this accident," Heidgen's mother, Margot Aponte, said solemnly.
Heidgen's lawyer, Stephen LaMagna of Garden City, said that his client was unfairly held to the same standard as a "cold-blooded murderer," and that he would appeal the conviction.
Nassau County District Attorney Kathleen Rice said she would seek the maximum 25-years-to-life sentence. "If you get drunk and kill someone, that's murder," Rice said. "We want people to know that in Nassau County you will be held accountable." Heidgen faces a minimum of 15 years in prison.
Katie Flynn's maternal grandmother, Denise Tangney, who was seriously injured in the wreck, said that while the verdict was just, it did nothing to ease her family's pain. "What does it mean?" she said. "Not a goddamned thing. It still means I bought three Halloween costumes instead of four. It still means I bought three pumpkins instead of four."
The jury, which had been deadlocked after nearly a week of deliberations, was sequestered by Acting State Supreme Court Justice Alan Honorof on Monday after jurors said they could not agree on a verdict. Honorof told them they needed to work harder to resolve their disagreements.
During deliberations, the jury passed notes to the judge asking for the definition of second-degree murder, and for the chance to review key evidence, including the video taken from the dashboard of the limousine showing the crash, testimony from police officers on Heidgen's appearance and statements to police in the aftermath of the wreck. Jurors also asked to review testimony from a traffic expert who said that since Heidgen was new to the area, signage on the Meadowbrook Parkway could have led him to believe he was going in the right direction. Heidgen had lived in Valley Stream for about eight months at the time of the accident.
"The verdict was fair," Denise Tangney said. "The process of becoming totally objective is a commitment.The jurors put aside their personal biases and clearly looked at the evidence."
A conviction on murder charges is extremely rare in a drunk driving case. Before the trial, legal experts told the Herald that murder with depraved indifference is always difficult to prove. "It means that you are grossly reckless to the point where you have a complete indifference to human life," said Hofstra law professor Robin Charlow.
Defense attorney Salvatore J. Marinello of Mineola said that recent decisions by the state's Court of Appeals have made it more difficult to obtain a depraved-indifference murder conviction. "The New York State Court of Appeals has said that recklessness is not enough to convict someone of depraved-indifference murder," Marinello explained, adding that the most important element in a conviction is the facts of the case.
In California in 2003, Robert Pack's two children, Troy and Alana, were killed by a drunk driver. The defendant in that case was convicted of second-degree murder and sentenced to 30 years to life. Pack, who now runs the Troy and Alana Pack Foundation, whose goal is to educate the public about traffic safety and responsibility, believes the murder charge against Heidgen was justified because he had prior DWI convictions. Pack explained that prior DWIs should serve as a warning that driving under such circumstances could lead to fatalities. "Ignoring that warning and education constitutes second-degree murder," Pack said.
Heidgen is scheduled to be sentenced in New York State Supreme Court on Nov. 20.
Doug Miller contributed to this story. Comments about it? MSchnitzel@liherald.com or (516) 569-4000 ext. 265.
