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Driver charged with vehicular homicide changes attorney as trial set to begin

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Days before his trial was set to begin, the Holbrook man accused of a drunken driving crash in Manorville last year that led to the death of 12-year-old Andrew McMorris has claimed that public apology statements made by his attorney should not be used against him in court.

During a pre-trial conference last Wednesday, Thomas Murphy’s new defense attorney, Steven Politi of Central Islip, argued that statements read by his former lawyer, Stephen McCarthy Jr. of Manhattan, did not come from his client.

Prosecutors had been seeking to use public apology statements made on behalf of Mr. Murphy as evidence in the trial.

One of the statements, read by Mr. McCarthy following a court appearance in October, said:

“I, Thomas Murphy, want to offer my deepest sympathy and condolences to the family and loved ones of Andrew McMorris. I take responsibility for my role in the tragic accident that occurred on Sept. 30, 2018, which resulted in the death of a wonderful boy, and the injury of four other boys. I also want to offer my sympathy to the families of the other injured boys: Thomas Lane, Denis Lane, Kaden Lynch and Matthew Yakaboski.

“I will cooperate fully with the Suffolk County District Attorney’s office during their investigation of this tragic accident. Again, I am deeply sorry. Myself, and my family, offer our prayers to the McMorris family in this extraordinarily painful and difficult time.”

Mr. Politi said in an interview Monday that those statements were “completely at odds” with what Mr. Murphy wanted.

“He didn’t want any statements read but, unfortunately, his lawyer thought that would be a tactic that would help Mr. Murphy,” Mr. Politi added, noting that Mr. Murphy did not write them or know the contents of the statements until after they were read.

Mr. Politi also said Mr. McCarthy allegedly failed to complete a number of steps, including filing for discovery, reviewing accident scene photos, obtaining video footage and consulting a blood expert.

“In essence, in 11 months, nothing was done that would have uncovered the facts to show why Mr. Murphy is not guilty,” Mr. Politi said.

Andrew was killed nearly one year ago, while on a hike with fellow Boy Scouts in Manorville.

Prosecutors have alleged that on the day of the incident, Mr. Murphy, 60, began drinking vodka as early as 9:30 a.m. at the Swan Lake Golf Club in Manorville and allegedly declined a ride to his next location.

The crash occurred just before 2 p.m. on David Terry Road. The Boy Scouts were walking on the shoulder of the road after a hiking trip.

Mr. Murphy pleaded not guilty to a 16-count indictment that included a charge of aggravated vehicular homicide, which carries a maximum penalty of 8 and 1/3 to 25 years in prison. Other charges include second-degree vehicular manslaughter, aggravated DWI and second-degree assault.

He remains free on $500,000 bond.

Reached by phone last Thursday, Mr. McCarthy confirmed that he is no longer representing Mr. Murphy.

“I have tremendous respect and affection for Mr. Murphy and his wonderful family,” he said, reading from a statement.

“At my suggestion, I introduced my client, Thomas Murphy, to quality local counsel Steve Politi of Central Islip. I have nothing but respect for Mr. Murphy and wish him all success.”

Following last week’s court appearance, Mr. Politi said he believes the Boy Scouts were unsupervised while walking along the roadway.

He also accused the district attorney’s office of spreading “misinformation” about the incident, and said Monday that they are considering filing for a change of venue to move the case out of Suffolk County.

“There’s been a constant desire to present misinformation about the true facts of the case,” Mr. Politi said, adding that “unfavorable” media coverage could taint potential jurors.

“We need a new forum where people haven’t been biased — and aren’t going to be biased — towards [Mr. Murphy].”

The district attorney’s office did not respond to a request for comment.

In court last week, Mr. Politi had also sought to have State Supreme Court Justice Fernando Camacho, who is presiding over the case, recused, based on comments he made during an April 2 court appearance.

During that hearing, Judge Camacho told the defendant that he was “out of patience,” as Mr. Murphy continued to seek delays in the case.

Judge Camacho had urged Mr. Murphy to plead guilty to spare the McMorris family from painfully reliving the incident at trial.

Mr. Politi said Monday that those statements were “damaging” and “improper,” despite the motion being denied by Judge Camacho.

Andrew’s mother, Alisa McMorris, did not wish to comment on the court proceeding last week.

The next pre-trial conference is scheduled for Sept. 24; jury selection could begin Oct. 8.

tsmith@timesreview.com

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Riverhead Police Department welcomes four new officers

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Four new full-time police officers have joined the Riverhead Police Department.

The officers — Peter Anderson, Daniel Clark, Cameron Oswald and Craig Vasey — were appointed a the Sept. 4 Town Board meeting to fill vacancies created by recent retirements, the department announced.

Police Chief David Hegermiller said the recruits started Monday by two officers attending the Suffolk County Police Academy and two assigned directly to field training because they already have state police certification.

“We wish them a safe, healthy and successful career as they start their service to the residents of and the visitors to the Town of Riverhead,” he said.

Photo caption: The new officers, from left, are Cameron Oswald, Craig Vasey, Peter Anderson and Daniel Clark. (Credit: Riverhead police)

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Greenport man acquitted of top manslaughter charge in fatal overdose case

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A Greenport man who prosecutors said knowingly sold heroin laced with fentanyl that caused a fatal overdose in Riverhead was acquitted of second-degree manslaughter Thursday.

Suffolk County Court Judge Anthony Senft found Lashawn Lawrence guilty of a lesser fourth-degree conspiracy charge in the case that centered around a Riverhead man who died of an overdose in September 2018.

The fourth-degree conspiracy charge carried a maximum penalty of just four years, whereas the manslaughter charge brought penalties of up to 15 years.

Mr. Lawrence, who has had a prior violent felony conviction and other non-violent convictions, remains in jail on $200,000 cash bail or $400,000 bond, and will be sentenced Oct. 15.

The case was determined entirely by the judge, at Mr. Lawrence’s request, so there was no jury involved. The judge did not comment in court after reading the verdict.

The man who died was Lawrence Yaccarino of Riverhead, who had overdosed two other times that month, but was revived, according to testimony during the trial.

At least four other people who allegedly bought drugs from Mr. Lawrence also overdosed during the same time period as Mr. Yaccarino, but were revived, according to assistant district attorney Tanya Rickoff.

The case was only the third time that manslaughter charges were brought against alleged drug dealers in connection with a fatality, according to officials.

Mr. Lawrence, 35, was originally indicted in March along with two other men that prosecutors said were involved in a drug ring that sold heroin laced with fentanyl, a potentially deadly drug that is being used more frequently because it is cheaper and more potent.

His two co-conspirators, John Brophy, 49, of Riverhead, and Bryan Hale, 52, of Flanders, both pleaded guilty within the past month.

Mr. Hale pleaded guilty to a top charge of attempted third-degree criminal sale of a controlled substance, and Mr. Brophy pleaded guilty to a top charge of third-degree criminal sale of a controlled substance.

Ms. Rickoff said in court that Mr. Lawrence was the ring-leader, and Mr. Brophy and Mr. Hale sold drugs for him, often out of Mr. Hale’s auto repair shop on Lincoln Street in Riverhead.

But Carl Irace, the attorney for Mr. Lawrence, said that the prosecution’s case was built on text messages between Mr. Brophy, Mr. Lawrence and others regarding potential drug sales, and often the messages used nicknames for people and drugs.

In several instances, a drug officer on the witness stand would have to interpret for prosecutors what the text message meant.

“It’s all circumstantial evidence,” Mr. Irace said. He said none of the witnesses testified to actually seeing Mr. Lawrence making a drug deal.

In one case, an undercover officer attempted to buy drugs from Mr. Lawrence, but Mr. Lawrence declined.

Ms. Rickoff said that is because Mr. Lawrence is a “smart businessman” and tried to insulate himself.

She pointed out how some of the text messages between Mr. Lawrence and Mr. Brophy refer to “we” and not “I.”

In both her opening and closing statements, Mr. Rickoff pointed out that forensics experts found fentanyl in the heroin Mr. Lawrence sold. She said he knew that the heroin contained fentanyl and could kill people, but he sold it anyway.

Mr. Irace said Mr. Yaccarino had a history of overdoses and drug use, and also took medication for high blood pressure, bipolar disorder and other ailments and that he suffered from obesity.

In addition, Suffolk County Medical Examiner Dr. Michael Caplan testified that an amount of cocaine that could kill someone was found in Mr. Yaccarino’s body.

Mr. Irace said Mr. Lawrence was not charged with selling cocaine.

Following the verdict, Antoine Lawrence, Lashawn’s brother, offered condolences for Mr. Yaccarino’s family, but added, “I do respect the court system but I don’t think justice was done.”

He cited the prosecution’s initial claim that the case would center on purple bags the heroin was packaged in, but that by the end of the trial, Ms. Rickoff said it wasn’t about the purple envelopes.

He also pointed out that cocaine was found in Mr. Yaccarino’s system, although his brother was not accused of selling cocaine.

Joanne Needham of Shirley, herself a recovering drug user who lived with Mr. Yaccarino for 10 years, said of the ruling, “It is what it is. It’s a hard thing to prove. I think it was fair, they didn’t prove their case beyond a reasonable doubt.”

tgannon@timesreview.com

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Cops: Former CVS employee, boyfriend stole prescription medication to resell

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An East End Drug Task Force investigation has resulted in the arrest of a Riverhead couple, police announced in a press release Friday.

Riverhead Town police, along with the East End Drug Task Force and DEA Diversion Unit, conducted an investigation into the theft and sale of prescription medication from the Riverhead CVS Pharmacy and discovered that a former employee had stolen medication to be illegally resold in the community.

According to police, Amber Maltese, 26, stole hydrocodone and oxycodone pills from the pharmacy in May with assistance from her boyfriend, Tijay Clairborne, 28.

Ms. Maltese was arrested July 19 and charged with felony third- and fourth-degree criminal sale of a controlled substance and two misdemeanor counts of petit larceny, according to the press release.

Mr. Clairborne was arrested Friday and is facing charges of felony third- and fifth-degree criminal possession of a controlled substance and two misdemeanor counts of fifth-degree criminal possession of stolen property, police said.

Both were arraigned on their arrest dates and released on their own recognizance, officials said.

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Riverhead Blotter: Riverhead man charged with possession

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Jamie Todarello, 33, of Riverhead was arrested Friday morning for possession of a controlled substance, reports said. Mr. Todarello was pulled over for failing to signal.

Police found Mr. Todarello was in possession of a white, rock-like substance, a light brown powder and one hypodermic needle. He was also driving without a license.

Mr. Todarello was arrested at approximately 1:11 a.m. and was charged with three misdemeanors: possession of a controlled substance, criminally possessing a hypodermic instrument, and aggravated unlicensed operation of a motor vehicle. He was released on $500 bail.

• Michael Concolino, 40, of East Setauket was arrested in Riverhead last Thursday night and charged with driving while ability impaired by drugs, police reports said. 

He was interviewed following an “auto incident” that occurred on West Main Street around 10 p.m., reports said. 

• Lennox Reid, 23, of Center Moriches was arrested Saturday evening in Riverhead for aggravated unlicensed operation of a motor vehicle, police reports said.

Police found Mr. Reid was operating a vehicle with a suspended or revoked license. He was also in possession of an unknown amount of marijuana.

Mr. Reid was charged with aggravated unlicensed operation of a motor vehicle, a misdemeanor, and possession of marijuana, a violation. He was released with an appearance ticket.

• Devin Clements, 27, of Riverhead was arrested during a traffic stop near Best Buy around 10 a.m. last Wednesday for two outstanding bench warrants and aggravated unlicensed operation of a motor vehicle, police reports said. 

Mr. Clements was then arrested and charged with three misdemeanors: driving with a false inspection sticker and driving without a license and inspection certificate.

Those who are named in police reports have not been convicted of any crime or violation. The charges against them may later be reduced or withdrawn, or they may be found innocent.

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Southampton Blotter: Riverside man charged with armed robbery at Marta’s Deli

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Southampton Town police arrested a Riverside man for an alleged armed robbery at Marta’s Deli in Riverside last Thursday evening. 

Jose Escalante-Chacon, 26, of Riverside fled the scene of the 5 p.m. robbery and was located a short time later, police said. He was charged with first-degree robbery, a felony, and second-degree menacing, a misdemeanor.

Police said he displayed what appeared to be a handgun and took something from a deli clerk, though they declined to say what exactly was taken.

Mr. Escalante-Chacon was held overnight and arraigned Friday morning.

• Cesar Roman, 34, of Westhampton Beach was arrested and charged with third-degree aggravated unlicensed operation of a motor vehicle, a misdemeanor, following a traffic stop on Flanders Road near Cypress Avenue Sunday around 10:38 p.m., reports said.

He was released on an appearance ticket, officials said.

• Police arrested a 38-year-old Flanders woman following a domestic incident in Flanders Friday evening.

Police said the woman allegedly banged on a neighbor’s door yelling “Why did you tell the landlord about our dog” and “I want to kill your sister and knock her teeth out.”

The woman was charged with second-degree harassment, a violation, and released on a field appearance ticket, according to a police report.

• A Riverhead man was arrested for driving with multiple license suspensions in Northampton last Wednesday around 7:40 p.m.

According to a police report, David Solorzano, 23, was stopped on Moriches-Riverhead Road for allegedly driving 83 mph in a 55 mph zone.

Police discovered he had a suspended license with 21 scoffs on six dates, as well as open warrants with both Southampton and Riverhead police.

He was charged with second-degree aggravated unlicensed operation of a motor vehicle, issued an appearance ticket and transported to Riverhead Town Police Department, officials said.

• Stephanie Buergers, 36, of East Quogue was arrested and charged with third-degree aggravated unlicensed operation of a motor vehicle after she was stopped for driving with an expired inspection on Cross River Drive in Flanders Sept. 2.

According to police, Ms. Buergers was released on an appearance ticket and will appear in court at a later date.

• Police arrested a Wading River man for driving without a valid license in Hampton Bays Sept. 2 around 7:22 a.m.

Travis Abinette, 29, was charged with third-degree aggravated unlicensed operation of a motor vehicle and released on an appearance ticket, reports said.

Those who are named in police reports have not been convicted of any crime or violation. The charges against them may later be reduced or withdrawn, or they may be found innocent.

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Cops: Three women sought for making fraudulent purchases at Target, Best Buy

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Three women allegedly used stolen credit cards to make $4,628 worth of purchases at the Riverhead Target and Best Buy in July, according to Riverhead Town police, who are seeking the public’s help to identify the suspects.

The credit cards were reportedly stolen from the Marshalls/Homegoods store on Route 58 in Riverhead a short time prior to the incident.

Police said the women used the stolen credit cards between 4 and 6 p.m. on Wednesday, July 17.

The women are the subjects of additional active investigations in the Riverhead and Suffolk County area, police said.

Anyone with information is asked to contact police at 631-727-4500, ext. 633.

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Police investigating MVA involving shooting victim in Riverhead

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Riverhead police are investigating a motor vehicle accident involving a gunshot wound victim at the intersection of Northville Turnpike and Route 58 Friday night.

Police said they received numerous phone calls shortly after 10 p.m. of a motor vehicle accident involving a “person possibly suffering from a gunshot wound.”

Responding officers found a black 1998 Dodge Dakota pickup off the roadway and a man suffering from a gunshot wound to his upper body, according to a press release issued Saturday morning.

The victim, who police did not identify, was treated at the scene by Riverhead Volunteer Ambulance before being airlifted to Stony Brook University Hospital for treatment of serious but not life-threatening injuries.

Anyone with information about the incident is asked to contact the Riverhead Police Department at 631-727-4500.

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Riverside man facing drug, weapons charges following raid

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A Riverside man was arrested on several drug and weapons charges following a raid on his home Friday morning, according to Southampton police.

Officers and detectives from Southampton Town Police Department, along with a New York State Police K-9 unit executed a search warrant at the Vail Avenue residence early Friday and arrested Moses Bullock, 46.

Police noted that an “extensive investigation” revealed Mr. Bullock was selling crack cocaine from his residence.

Authorities recovered unspecified quantities of crack cocaine and marijuana as well as a drug scale, brass knuckles and over $6,700 in cash, according to a press release.

Mr. Bullock was charged with third-degree criminal possession of a controlled substance, third-degree criminal possession of a weapon, both felonies, as well as misdemeanor charges of seventh-degree criminal possession of a controlled substance and second-degree criminal use of drug paraphernalia.

He was arraigned in Southampton Town Justice Court Friday afternoon and remanded to the Suffolk County Correctional Facility, according to police.

Officials noted that the investigation is ongoing and anyone with additional information is asked to contact Southampton police detectives at 631-702-2230 or the crime hotline at 631-728-3454.

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Riverhead man facing murder charge arraigned in Suffolk County Court

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Robert Brown, the 65-year-old Riverhead man who is accused of shooting and killing his 71-year-old wife, Sara, in their Doris Avenue home on Aug. 27, was arraigned on two Grand Jury charges Friday after having been hospitalized for several weeks prior, resulting in three postponed court appearances.

Mr. Brown was pushed into the courtroom in a wheelchair before Suffolk County Court Judge Mark Cohen.

He faces two felony charges of second-degree murder and one count of second-degree criminal possession of a weapon.

The top charge caries a maximum term of life imprisonment.

Assistant District Attorney Daryl Levy said in court Friday that Mr. Brown shot his wife two times in the shoulder and once in the head, and that he then barricaded himself inside his home in a four-hour standoff with police, who eventually broke down the door and arrested him at about 2 p.m. that day. The prosecutor urged that Mr. Brown be held without bail.

Mr. Levy said police also recovered numerous handguns and long guns inside Mr. Brown’s home, although the indictment only references the one loaded gun.

“These are very serious charges,” Judge Cohen said to Mr. Brown while asking if he wanted to have an attorney appointed to defend him.

A Grand Jury indicted Mr. Brown on Aug. 29, but he could not be arraigned until Friday, as he was hospitalized for several weeks.

Ian Fitzpatrick, Mr. Brown’s court-appointed attorney, declined to say what was wrong with Mr. Brown.

Mr. Fitzpatrick asked for the court to have a competency test performed on Mr. Brown to ensure he understands the charges and can assist in his defense.

Although Riverhead police said in the criminal complaint against Mr. Brown that he admitted shooting his wife, Mr. Brown pleaded not guilty Friday.

Mr. Brown is due back in court on Oct. 11.

tgannon@timesreview.com

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Riverhead Blotter: DWI arrest, petit larceny and stolen vehicle

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Bridget Riley-Marine, 50, of Cutchogue was arrested on Old Country Road in Riverhead early Friday morning for driving while intoxicated, police reports said.

Ms. Riley-Marine was operating a 2016 Chrysler 300 when she was stopped around 2:50 a.m. and found driving under the influence of alcohol. She was also charged with three additional traffic violations for not wearing a seat belt, stopping or standing in a prohibited space, and violating breathalyzer test standards.

She was transported to Riverhead police headquarters, where she was processed and held for arraignment.

• Jessica Marie Borden, 28, of Riverhead was arrested last Thursday for petit larceny at the Riverhead Target, police reports said.

Police responded to a call of larceny at the store on Old Country Road around 6:30 p.m. Upon arrival, the caller said Ms. Borden attempted to remove assorted merchandise valued at $139.98 without paying. The incident was caught on video surveillance and was placed into police property. The caller then signed a civilian arrest form against Ms. Borden. She was arrested and charged with petit larceny, a misdemeanor, and later processed and released on a desk appearance ticket.

• Police are investigating a report of a stolen vehicle that occurred on Middle Road earlier this month, reports said. The vehicle operator, who lives on Middle Road, stated an unregistered 2006 Chevrolet Silverado pickup truck was removed from his property between Sept. 9 and 11. Reports described the vehicle, valued at $5,000, as a navy single-cab model with a bed and bedcover. The operator was paying off the vehicle to its owner, police reports said.

A suspect has not been found but would be charged with grand larceny, a felony.


Those who are named in police reports have not been convicted of any crime or violation. The charges against them may later be reduced or withdrawn, or they may be found innocent.

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Southampton Blotter: Traffic stop leads to drug charges for Riverhead man

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Southampton Town police arrested a Riverhead man on felony drug charges following a traffic stop in Riverhead Friday evening. 

Police said Gender Aragonsoto, 37, was stopped near Osborn and Railroad avenues for traffic infractions when an officer noticed a small plastic bag containing a white powdery substance in plain view.

A subsequent search of the vehicle revealed an unspecified amount of cocaine, the report said.

Mr. Aragonsoto was charged with seventh-degree criminal possession of a controlled substance, a misdemeanor, as well as fifth-degree criminal possession of a controlled substance and third-degree criminal possession of a controlled substance with intent to sell, which are both felonies.

• A Riverhead man was arrested on drug charges in Riverside Saturday.

Police said Walner Lopez Bonilla, 18, was located near a residence on Vail Avenue around 8:38 p.m. and found to be in possession of a drug pipe with cocaine residue within.

He was charged with seventh-degree criminal possession of a controlled substance, a misdemeanor, according to police.

• Police arrested a 20-year-old Flanders man after he was observed smoking crack cocaine behind an abandoned residence on Vail Avenue in Riverside Saturday around 7:33 p.m.

Dennis Hernandez-Albanao was charged with misdemeanor seventh-degree criminal possession of a controlled substance, according to a police report.

• A 23-year-old Center Moriches woman was arrested for drunken driving in Flanders early Friday morning.

According to a police report, an officer observed Miranda Van Ravenstein driving east on Flanders Road in the shoulder at approximately 2:29 a.m.

When the officer began following the vehicle, Ms. Van Ravenstein placed her car in reverse on Flanders Road in order to turn right onto Cypress Avenue, police said.

During a traffic stop, she allegedly told police that she was coming from a work event and had four glasses of red wine.

She was charged with driving while intoxicated.

• John Saffarano, 25, of Riverhead was arrested for driving with a suspended license after he was involved in a minor car accident at the intersection of Flanders Road and Royal Avenue last Thursday around 6 p.m.

He was charged with second-degree aggravated unlicensed operation of a motor vehicle and later released on an appearance ticket, police said.

• Nicholas Garofallou, 33, of Ridge was arrested after a traffic stop in Northampton last Tuesday revealed he was driving with a suspended license.

Mr. Garofallou was charged with third-degree aggravated unlicensed operation of a motor vehicle, a misdemeanor, issued an appearance ticket and released on his own recognizance, police said.

• Police arrested a Northampton man early last Monday morning after he was caught driving with a suspended license in Flanders.

According to a police report, Ludwin Perez, 20, was stopped on Flanders Road near Cross River Drive for multiple vehicle and traffic violations.

Further investigation revealed his license had been suspended, police said.

An officer also observed two passengers in the backseat who had open bottles of Corona, the report states.

Mr. Perez was charged with several violations and one count of misdemeanor third-degree aggravated unlicensed operation of a motor vehicle and released on an appearance ticket, according to officials.

As police attempted to take Rafael Garcia, 19, a passenger in the vehicle, into custody for an open container violation, he allegedly pulled away from police with his hands formed into fists.

Mr. Garcia was then charged with second-degree obstruction of governmental administration, a misdemeanor, police said.

Those who are named in police reports have not been convicted of any crime or violation. The charges against them may later be reduced or withdrawn, or they may be found innocent.

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The Work We Do: Katie Johnson, Southold Police Department

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Brought to you by:

I’m police officer Katie Johnson with the Town of Southold Police Department.

I’ve been a police officer for almost seven years total, three years here in the Town of Southold.

I mainly patrol in a vehicle. However, I’m also bicycle certified. I patrol the Mattituck sector and we enforce vehicle and traffic laws, such as school zones, seat belts, cell phones, speeding, as well as answering medical emergencies and criminal activity.

I work eight-hour shifts, changing weekly, from midnights to day tours to afternoon shifts.

Before Southold police, I was a public safety dispatcher with the Town of Southampton and then I was a university police officer at the SUNY/Farmingdale campus.

I have a bachelor’s degree in computer information systems and I thought I was going to pursue a computer career. But I didn’t want to sit behind a desk every day and I just wanted my every day to be different. I saw how people looked at police officers and the utmost respect that people give police officers and I just always wanted to be a part of that.

I believe that safety is of utmost importance to policing. I feel that every day, our main goal and focus is to go home at night with our families.

There are many highs and lows to this job, but you just have to remember, the community isn’t calling you just to say, ‘have a nice day.’ They’re calling you because they have a serious problem and they do need your help. Every call is different and every call that I’m on, I’m always learning something new.

“The Work We Do” is a Suffolk Times multimedia project profiling workers on the North Fork. Read it first and see more photos every Monday on Instagram @riverheadnewsreview

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Alleged ringleader gets 2 to 4 years in illegal East End dumping scheme

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A Smithtown man described as a ringleader in an illegal dumping scheme that targeted East End homeowners was sentenced to 2 to 4 years in prison Monday.

Anthony Grazio, 54, was among 30 individuals and nine corporations charged in a 130-count indictment in an alleged conspiracy to illegally dispose of solid waste at 24 locations on Long Island, according to District Attorney Timothy Sini.

Mr. Grazio pleaded guilty in May to two counts of second-degree criminal mischief and two counts of third-degree endangering public health, safety or environment, all felonies. He also pleaded guilty to a pair of misdemeanors: fifth-degree conspiracy and operating a solid waste management facility without a permit.

At his sentencing before Judge Timothy Mazzei Monday, Mr. Grazio was also ordered to pay restitution in the amount of $500,000.

Prosecutors previously said the victims of the scheme — including property owners in Calverton, Baiting Hollow, Flanders and Greenport — had responded to advertisements for “free-screened clean fill” on places like Craigslist. But ultimately the victims were left with solid waste that often contained toxic and acutely hazardous materials like arsenic, lead and mercury, prosecutors alleged.

“The defendant, with no regard for the safety and wellbeing of Suffolk County residents, facilitated the dumping of solid waste on residential properties, properties near schools, and other sites,” District Attorney Timothy Sini said in a statement. “Many of the sites contained materials that were hazardous or acutely hazardous. This is a major issue for those individual homeowners who were affected and a major issue for the general public.”

Prosecutors said that between January and July 2018, Mr. Grazio would act as a dirt broker by arranging for locations where trucking companies could illegally dispose of solid waste. He also solicited homeowners over the phone and in person for locations to use for dumping.

On May 14, 2018, Mr. Grazio sent a text message to Thomas St. Clair, 51, of Saint James, instructing him to dump material at a residential location on Flanders Road in Riverside. On May 29, Cesar Ivan Bermeo, 33, of Queens coordinated for three Kris Trucking Corp trucks to each dump a load of material containing solid waste at the Flanders Road site.

The indictment says $1,500 worth of damage was done to the property.

A residential site on Landing Lane in Greenport also received a delivery of material from Durante Brothers that was delivered by Mr. Melgar. That delivery included solid waste and caused $1,500 worth of damage, according to the indictment.

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Attorney: Judge to rule that lawyer’s apologies can’t be used in court

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Apologetic statements issued by the previous attorney for Thomas Murphy, the Holbrook man accused of killing a Wading River boy in an alleged drunken driving crash last year, will not be allowed into evidence at trial, according to his newly hired lawyer. 

Speaking outside the courtroom after a hearing in Central Islip Tuesday, attorney Steven Politi of Central Islip said Judge Fernando Camacho has determined that the prosecution cannot present to the jury comments made to the media by Mr. Murphy’s former attorney, Stephen McCarthy, after previous court appearances in the case. While the judge has not yet submitted his written rulings on that issue and a series of other motions filed by the defense, he said Tuesday that he will have completed those decisions before Mr. Murphy’s next court appearance Tuesday, Oct. 1.

“There’s this belief [by the prosecution] that somehow the statements by Mr. McCarthy indicated that Thomas [accepted] criminal responsibility,” Mr. Politi told reporters Tuesday. “The fact is, he never did.”

Mr. Murphy was allegedly driving his Mercedes-Benz drunk on David Terry Road in Manorville Sept. 30 when he struck and killed 12-year-old Andrew McMorris of Wading River, who was hiking with fellow Boy Scouts. Four others were injured during the crash. He is facing a top charge of aggravated vehicular homicide, which carries a maximum sentence of 8 1/3 to 25 years in prison.

Prosecutors had been seeking to use public apology statements made on behalf of Mr. Murphy as evidence during the trial.

One of the statements, read by Mr. McCarthy after a court appearance in October, said:

“I, Thomas Murphy, want to offer my deepest sympathy and condolences to the family and loved ones of Andrew McMorris. I take responsibility for my role in the tragic accident that occurred on Sept. 30, 2018, which resulted in the death of a wonderful boy, and the injury of four other boys. I also want to offer my sympathy to the families of the other injured boys: Thomas Lane, Denis Lane, Kaden Lynch and Matthew Yakaboski.

“I will cooperate fully with the Suffolk County District Attorney’s office during their investigation of this tragic accident. Again, I am deeply sorry. Myself, and my family, offer our prayers to the McMorris family in this extraordinarily painful and difficult time.”

Mr. Politi said that although his client, whom he called a “good man,” is saddened by the facts of his case, he has not accepted criminal responsibility.

“The reality is that Thomas wishes an accident didn’t happen,” Mr. Politi said. “We’ve all been in car accidents. We feel bad when we’re in car accidents, but that doesn’t equate to criminal responsibility.”

Mr. Murphy is scheduled to appear before Judge Camacho twice on Oct. 1 — exactly one year from his initial arraignment — first to hear the judge’s final rulings on the motions and then later in the day for what is known as a Dunaway Hearing. A Dunaway Hearing is used to determine whether evidence has been seized from a defendant as a result of a search conducted without probable cause.

Mr. Politi said Tuesday that his client passed a pair of field sobriety tests the afternoon of the crash and that he’s concerned prosecutors are not disclosing that and other relevant facts in the case.

“There’s a request the defense has made for a bill of particulars,” he said. “They [have to] tell us specifically what my client did which was reckless. They refuse to answer that. They refuse to tell the defense exactly what it is that my client did, which is statutorily their obligation. And the court has not, as of today, forced them to follow the statute.”

A warrant issued to obtain Mr. Murphy’s blood showed a blood alcohol content of .13% more than three hours after the crash, prosecutors have said.

The DA’s office declined to comment on Mr. Politi’s statements.

The trial could begin in November, but might also be delayed until January, Mr. Politi said.

Andrew’s mother, Alisa McMorris, said after the hearing that her thoughts are with her son this week.

“I’m focusing on the anniversary of my baby’s entrance into heaven,” Ms. McMorris said. “That’s what I plan to focus on for the rest of this week.”

On Monday, the one-year anniversary of the crash, Andrew’s family and friends are expected to “finish the hike” he was on when he was killed. A fundraiser is also planned for that evening at the Suffolk Theater in Riverhead. Proceeds will benefit scholarships in Andrew’s name.

Caption: Thomas Murphy at a court appearance last October. (Credit: File photo)

gparpan@timesreview.com

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Riverhead woman sues former Mets player Wally Backman, alleging assault

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The woman who accused Long Island Ducks manager Wally Backman of assault last month said at a press conference Tuesday that the former Mets player left her fearing for her life. 

Amanda Byrnes, 39, of Riverhead filed a civil suit last Thursday against Mr. Backman, her boyfriend of roughly two months. Ms. Byrnes is suing both Mr. Backman and the Long Island Ducks Baseball Club, claiming physical abuse and sexual harassment.

She said at the press conference that Mr. Backman, who played on the World Series champion ‘86 Mets, engaged in a fit of heavy drinking on Thursday, Aug. 29, resulting in an argument that continued into the following morning before getting physical. According to a criminal complaint filed by Riverhead Town police, her injuries required medical attention.

Mr. Backman, 60, of Deer Park, was arrested Aug. 30 on fourth-degree criminal mischief and second-degree harassment charges.

“It’s been awful, the relationship with him for the past several weeks,” Ms. Byrnes said at the press conference. “The argument continued throughout the whole nighttime. He would come home drunk; continue to drink the whole evening until wee hours of the morning.”

At around 6:20 a.m., Ms. Byrnes decided to get ready for work. It was then, she said, that Mr. Backman told her she wasn’t going to work, and he accused her of having an affair with a baseball player on the Ducks team. Ms. Byrnes said Mr. Backman warned her not to speak with or contact any of his players. Eventually, Ms. Byrnes got up and left the room.

“He had followed me into the hallway at that point, threw me up against the wall, pressed on my chest area where I have a pacemaker,” she said. “I started having pain and I had stated to him I had pain and he said to me at that point [that] he was gonna knock me out.”

According to Ms. Byrnes, the pacemaker allows her to have a viable heart beat and the pressure Mr. Backman applied caused the device to become misplaced. She and her attorney, John Ray of Miller Place, who hosted the press conference, said they have medical records to corroborate that.

“He could care less at that point because he was not only still intoxicated, he showed no fear whatsoever or concern as to what he could have done to me at that point,” she said at the press conference. “When I attempted to call for help, he took my cellphone out of my hand … I wanted to call my mother or a coworker and call “911” to get help because I didn’t know if he was actually going to kill me or what his intentions were.”

Ms. Byrnes said she texted a coworker and her mother after the incident occurred. One of her coworkers came to her house, she said, and her mother called the town police, leading to Mr. Backman’s arrest.

The Ducks issued a statement last month, which in part reads: “We have spoken with Wally and understand he categorically denies all charges against him. Wally will continue as manager and neither he nor the Long Island Ducks will comment further on this pending legal matter.”

Mr. Backman’s attorney, Stephen Civardi, sent The News-Review court records from the New York State Unified Court System that describe Ms. Byrnes as having accused others of abuse. These records show that Ms. Byrnes has also been arrested on numerous occasions since 2002 for an array of charges, including endangering the welfare of a child, aggravated harassment and for falsely reporting an incident. The documents state that she pleaded guilty to some of these charges.

Mr. Ray said Ms. Byrnes does not engage in the filing of false reports, adding that she has been the subject of abuse by other men for years.

mkhan@timesreview.com

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Southampton Police: Watch out for graphic phone and text scam

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Southampton Town Police are warning community members of a series of telephone and text scams in the area that contain graphic photos. 

According to a Southampton Town press release, callers are contacting potential victims, demanding money and sharing graphic photos depicting an execution-style murder as a threat to comply. The callers, who police described as Hispanic, have implied a threat of harm victims if they do not cooperate, the press release said.

Southampton Town Police are asking community members to avoid sending money to the subject if they receive similar calls or texts and to contact a local police agency.

The post Southampton Police: Watch out for graphic phone and text scam appeared first on Riverhead News Review.

Police respond to call of disturbed man with gun in Riverhead

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A man was taken to the hospital for evaluation Wednesday evening following a call of an emotionally disturbed person with a rifle inside a gated community in Riverhead, town police said.

More than a half-dozen officers and two ambulances responded to the scene at Sunken Pond Estates shortly before 6:30 p.m.

The man, who has not been charged with a crime at this time, was transported from the Middle Road complex to Stony Brook University Hospital.

Police did not identify the individual involved and no other details were immediately available.

New York State Police joined town officers at the scene.

Photo Caption: Police leave the scene of Wednesday’s incident. (Credit: Grant Parpan)

gparpan@timesreview.com

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Timothy Hill Children’s Ranch hit with sex abuse lawsuit

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A former resident of Timothy Hill Children’s Ranch in Riverhead is suing the facility for unspecified damages, saying that he was sexually assaulted and beaten by other, older residents there more than 20 years ago. 

The lawsuit is filed under the state’s Child Victims Act, which was enacted in February and extends the statute of limitations for civil claims by child sexual abuse victims. The new law gives alleged victims one year from Aug. 14, 2019, to file a lawsuit and allows the people filing those suits to be up to age 55. Previously, a victim had only five years, starting from his or her 18th birthday, to bring a lawsuit. 

Andres Alexander Ramos, who lived at Timothy Hill Ranch in 1995, when he was 12, states in court papers that employees at the ranch “carelessly and negligently failed to adequately supervise” him and the other residents there.

This created “an environment of limited to no supervision which allowed the older residents to sexually, physically and emotionally abuse” Mr. Ramos, according to his attorney, Regina Calcaterra.

Thaddaeus Hill, executive director of Timothy Hill Ranch and son of its founders, Jerry and Fern Hill, said, “We’re just digging into [the claim] to see what we can learn about it, since it was obviously 25 years old. I can’t speak to the specifics on it because it’s a legal matter anyway, but obviously, we’ll make sure we understand all the nature of the details, we’ll have attorneys involved and we’ll navigate it. But there’s nothing specific that I can share with you.” 

Ms. Calcaterra said in an interview that the ranch “orchestrated efforts to distort the truth and cover up a brutal sexual attack.” The court papers state that the ranch is guilty of negligence, gross negligence and intentional infliction of emotional distress. 

In addition to Timothy Hill Ranch, the lawsuit specifically names as defendants Apple Day Camp Inc.; Jerry and Fern Hill; then-employees Diana Corazzini and James Zuzierla; the estate of former employee Michael Gerrard; the Board of Trustees of the ranch; and several “John Does.”

Jerry Hill did not return a call seeking comment. Ms. Corazzini and Mr. Zuzierla could not be reached for comment. 

The ranch was founded in 1976 and runs as a nonprofit group home to help “abused and neglected boys” using “Christ-centered values.”

Mr. Ramos was sent to the ranch in January 1995 and placed in a group residence with about 10 other boys, all of whom were several years older, the lawsuit says. 

“During the six months that [Mr. Ramos] lived under the custody and supervision of the Ranch, [Mr. Ramos] was repeatedly and viciously victimized by teenage residents of the Ranch,” the lawsuit says. “The sexual abuse began as a result of the Ranch’s negligence in ordering the then-12-year-old plaintiff to share a room with a male of approximately 17 years old.”

The lawsuit says there was “virtually no supervision” after “lights out” and that Mr. Ramos, then the youngest child at the residence, “was repeatedly beaten, tortured, and threatened into obedience” by other teenage boys. 

Even though multiple staff members were living under the same roof, “repeated sexual abuse at the hands of multiple teenage boys was a regular occurrence for” Mr. Ramos, court papers state. 

In addition to the sexual abuse, Mr. Ramos was subjected to cigarette burns, being thrown into a frigid body of water, being burned with hot water from communal showers at the ranch and being forced to smear himself with cow feces, the lawsuit states. The lawsuit does not accuse ranch employees of sexual abuse. 

The lawsuit also says that the ranch tried to cover up the sexual assault through “guilt shaming” regarding Mr. Ramos’ supposed sexual orientation. 

It alleges that Fern Hill spoke to Mr. Ramos about sexuality and sin, explaining his “sexual assault as a punishment from God for being homosexual” and saying he “could be cured from homosexuality through prayer.” 

Mr. Gerrard allegedly told Mr. Ramos, “What you did was wrong. You could get in big trouble, even jail,” according to the lawsuit.

tgannon@timesreview.com

The post Timothy Hill Children’s Ranch hit with sex abuse lawsuit appeared first on Riverhead News Review.

Riverhead Blotter: Officers rescue deer stuck in hammock

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Crystal Kayte, 44, of Shirley was arrested Saturday evening in Riverhead for driving while ability impaired by drugs, police report said. 

Police responded to a report of a motor vehicle accident with injuries around 8:30 p.m. in the westbound lanes of the Long Island Expressway. Officers arrived on the scene and observed a blue Dodge Caravan inoperable in the center lane and a black Nissan Altima in the center median stuck on metal cables, reports said.

Police interviewed the driver of the Caravan, who told police she was driving westbound in the center lane when she was struck in the rear driver’s side of her vehicle. 

Upon interview, Ms. Kayte said she had no recollection of colliding with another car. Reports said Ms. Kayte was consuming a carbonated beverage, seemed disoriented and had slurred speech and red, watery eyes and dilated pupils. During the investigation, police also found two glass pipes, rolled cigarettes containing marijuana and a metal container. 

Police conducted a DWI investigation and administered sobriety tests to Mr. Kayte.

She was arrested and charged with DWAI and violations for possession of marijuana and driving without registration. Ms. Kayte was transported to Riverhead police headquarters and held for morning arraignment. The items in her vehicle were placed into police property as evidence, reports said.

• Joshua Dupree, 42, of Riverhead was arrested on East Main Street last Thursday afternoon for criminal possession of a controlled substance and a prior arrest warrant, police reports said.

While on patrol, police observed Mr. Dupree discard a brown paper bag outside Luisa’s Magic Scissors, a barber shop at 735 East Main St. in Riverhead. Further investigation revealed Mr. Dupree had a warrant out for his arrest with Riverhead police. Mr. Dupree was searched following his arrest and police found him in possession of crack cocaine, reports said.

Mr. Dupree was arrested and charged with criminal possession, a misdemeanor, and a town code violation for littering.

• Marcus Belcher, 27, of Riverhead was arrested for assault Friday evening on Roanoke Avenue, reports said.

Police responded to a reported assault on Roanoke Avenue around 6 p.m. An individual reported that an unknown male subject struck another individual with a bat.

When police arrived at the scene, they observed an unknown male bleeding from his left elbow. Upon further investigation, police found Mr. Belcher responsible for the incident. 

He was arrested at approximately 6:22 p.m., charged with assault, a felony, transported to the Riverhead police headquarters for processing and held for morning arraignment. 

• James Nowak, 40, of Calverton was arrested last Thursday evening at Riverside Laundry in Riverhead for criminal contempt, police reports said.

Police arrived at the laundromat at 57 West Main St. following a 911 call. Mr. Nowak was allegedly outside the laundromat speaking with a woman who had an order of protection against him. Before police arrived, the pair had engaged in a verbal argument, reports said. 

Mr. Nowak was arrested for violation of a court order and charged with criminal contempt, a misdemeanor. A domestic incident report was completed, reports said. No further action was taken.

• Police investigated a report of petit larceny at the Riverhead Walmart last Wednesday morning, reports said.

A Walmart employee contacted police after an unknown individual allegedly tried to steal assorted merchandise valued at $297. After exiting the building, the suspect allegedly abandoned a shopping cart full of merchandise in the parking lot and fled the area. 

Police arrived at the scene around 9 a.m. The employee said the suspect was last seen walking east away from the store. 

The suspect has not been found and the case was closed pending further investigation, reports said. 

• Police rescued a deer Friday morning after an individual reported an animal was stuck in a hammock on Beach Road near Reeves Creek in Riverhead. 

Police arrived at the scene around 8:25 a.m. and found a deer with its horns entangled in the ropes of a hammock. The deer was kicking and flailing around, reports said. The officer on duty requested police send Riverhead Animal Control to the scene to safely remove the animal. 

An animal control officer responded to the scene and tranquilized the deer. Both animal control and police safely untangled the deer without incident.

Those who are named in police reports have not been convicted of any crime or violation. The charges against them may later be reduced or withdrawn, or they may be found innocent.

The post Riverhead Blotter: Officers rescue deer stuck in hammock appeared first on Riverhead News Review.

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