By:Cris Italia
That's according to Nassau County prosecutor Frank Schroeder, during his opening statements to jurors, on Thursday, June 13, in the manslaughter trial of Kevin Hart.
When Hart, 28, of Malverne made a decision on June 24, 2001 to challenge Michael Vasapolli, 30, of North Woodmere to a drag race, he knew the risks, but took his chances anyway, Schroeder said. Just minutes later he was arrested and charged with two counts of second-degree manslaughter for the deaths of two drivers.
It was just after 3:30 p.m. on a Sunday afternoon, an unusual time for a drag race, but both Vasapolli and Hart, who was driving his 1990 Corvette, could not resist temptation. Even though Vasapolli's wife, Karen Mauro, pleaded with him not to accept the challenge, her request was ignored.
After a high-speed race, with both drag-racers swerving in between cars on Lawson Boulevard in Oceanside, Vasapolli slammed into an innocent driver, head on, ending his own life and the life of an innocent motorist. To avoid the accident, Hart swerved off the road and into a parked school bus.
Police and witnesses say the drivers were both traveling in excess of 80 miles per hour. Vasapolli took a chance on passing Hart from the wrong side of the road. Ultimately, Vasapolli slammed his 2001 Lamborghini into a 2000 Volvo driven by 43-year-old Glenn Jacofsky of Oceanside. The impact of the accident caused the Volvo to flip several times.
At the time, Jacofsky's wife, Amy, was riding in the passenger seat and received minor injuries. On Thursday, she took the witness stand in a Mineola courthouse and testified during opening statements.
"It felt something like turbulence," Amy Jacofsky said, describing the accident. "Something was happening. The next thing I know I was hanging upside down strapped in my seat belt."
She described to the courtroom the condition of her husband as she waited upside down for help to arrive. "He was upside down in his seat belt. . . There was blood. He was unconscious."
Several times during her testimony, Jacofsky had to compose herself and continue with her statement. She went on to explain how she crawled out of the car and screamed for help.
Schroeder said Hart is just as responsible as Vasapolli for the deaths. "The defendant has two priorities: speed and fun. That would turn out to be a deadly combination on June 24, 2001."
Schroeder said Hart was at fault, because he entered a 40 miles per hour zone without regard for safety. He added that both the defendant and Vasapolli entered the area knowing the speed limit and acknowledging that there was traffic on Lawson Boulevard.
Hart's attorney, Edward Jenks, disputed his comments. "It was the acts of Michael Vasapolli that caused these deaths . . . Vasapolli himself paid the ultimate price for these acts. He died. It was a conscious decision on Vasapolli's part to go left and cross the double yellow line."
Court was adjourned until Monday. The trial is expected to continue throughout the week, according to the District Attorney's Office.
