NEW YORK – A prosecutor tells CBS News New York investigator Mahsa Saeidi a loophole in New York law made it difficult to charge a drugged driver who killed four members of a Long Island family last year.
In New York, a drugged driver is only charged if the drug is named and happens to be on a list drawn up by lawmakers, and judges have ruled that you must name the drug before arrest. Most states – 46 – do not have this loophole.
Saeidi has reported on the push to close this loophole that critics say keeps dangerous drivers on our roads.
Father, 3 children killed by driver high on fentanyl and cocaine
On August 6, 2023, Tasheba Hamilton’s family was looking for ice cream and stopped at a red light on Sunrise Highway in Massapequa. There were six people in the vehicle. Video shows driver Michael DeAngelo’s car hitting them like a rocket, said Katie Zizza, deputy bureau chief at the Nassau County District Attorney’s Office.
Sixty-year-old Patrice Huntley, ten-year-old Jeremiah and thirteen-year-old Hannah were killed. Another child, 6-year-old Chantel, was seriously injured and died several days later in hospital.
“When I arrived to claim the bodies of all my family members … I had to hold my son with his neck torn open,” Hamilton said at the time.
says Zizza evidence showed DeAngelo was high.
“There is no doubt in the mind of the general public that someone who is surrounded by hypodermic needles and has marks on their arms, that person was on drugs. But under current New York State law, that’s not the only question. is which drug?” she said.
To name the drug, Zizza had to test DeAngelo’s blood — something she could only do legally after the arrest. If blood is tested before an arrest, all evidence may be thrown out.
Zizza says they couldn’t charge DeAngelo with DUI, and it mattered.
“Drug driving is what increased all the charges,” she said.
To get to the bottom of the toxicology, the veteran prosecutor says she came up with a solution, in part because of the video that showed DeAngelo’s reckless driving just before the crash.
“We’re not always fortunate enough to have that many witnesses or videos that can give us probable cause for another crime,” Zizza said. “When we tested the blood, we found out there was fentanyl and cocaine in his blood.”
DeAngelo pled guilty. The maximum sentence he faces on the enhanced drunk driving charges is 14 years.
“Imagine being a family and hearing that and starting to calculate: OK, how many years per life? Is that the value of that person’s life? Of course it’s not. Those are difficult conversations,” Zizza said .
Hamilton prepares for her second Christmas without her children.
‘They don’t have another chance to breathe. They are gone forever,” she said. “It will never work out for me.”
Hamilton added, “I just think that legislators, and especially the governor, you know, should really try as hard as they can to work on these laws.”
Governor Hochul Urged New York to Close New York’s Drugged Driving Loophole
In October, the chair of the National Transportation Safety Board urged Governor Kathy Hochul to take action to close this loophole.
The governor declined CBS News New York’s request for an interview. Her office emphasized that the DMV has introduced harsher penalties (more points) for drug-related convictions.
Zizza says this has nothing to do with the loophole.
“The problem is you can’t get the conviction?” Saeidi asked.
“Right,” Zizza said. “If I don’t get arrested because the police don’t know what drug I’m taking… Then I’ll never be convicted, and I’ll never get those points.”
This week, when asked again about the drunk driving loophole, Hochul’s spokesperson said: “Public safety is Governor Hochul’s top priority, which is why she has taken action to stop car thefts and crack down against ‘ghost vehicles’ that violate our laws. Governor Hochul will unveil her State of the State agenda and Executive Budget next month.”
“If New York closes the loophole, do you think lives will be saved?” Saeidi asked Zizza.
“Absolutely,” Zizza said.
Closing the loophole means removing the list, making it illegal to drive while under the influence of any drug, just like the drink driving laws.
