Tuesday, August 2, 2005

DA BROWN: SUFFOLK COUNTY RESIDENT ARRAIGNED ON CHARGES OF ASSAULT UPON A POLICE OFFICER AND LEAVING THE SCENE OF AN ACCIDENT IN BELT PARKWAY AUTO INCIDENT IN WHICH POLICE OFFICER WAS STRUCK BY VEHICLE AND SERIOUSLY INJURED FOLLOWING DEATH-BY-AUTO INCIDENT IN WHICH QUEENS DRIVER HAS BEEN CHARGED WITH VEHICULAR MANSLAUGHTER AND DRIVING UNDER INFLUENCE OF ALCOHOL; BOTH FACE UP TO SEVEN YEARS IN PRISON

Queens District Attorney Richard A. Brown announced today that a Suffolk County resident has been arraigned on charges of assault upon a police officer and leaving the scene of an accident in yesterday’s Belt Parkway auto incident in which a police officer was struck and seriously injured following a death-by-auto incident in which a Queens driver was charged with vehicular manslaughter and driving while under the influence of alcohol.

District Attorney Brown said, “According to the charges, a Queens man operated a motor vehicle with a suspended driver’s license at excessive speed while under the influence of alcohol and caused the death of one passenger and injuries to another. As a result of that motor vehicle accident, a police officer, who was standing in a closed lane on the highway, was struck by a Suffolk County driver who had just collided with another vehicle -- causing that driver to sustain injury and causing the police officer to sustain serious physical injury. The driver then fled the scene on foot. The case is another example of the lethal consequences of drinking and driving.”

District Attorney Brown identified the defendants as Deirk Keitt, 21, of 9 Robeson Place in Medford on Long Island in Suffolk County, a mover, and Oscar Berrios, 27, of 179 Jennette Avenue in Inwood, Queens, employment unknown. Defendant Keitt has been charged with Assault in the Second and Third Degree, Felony Leaving The Scene of An Incident Without Reporting, Reckless Endangerment in the Second Degree, Reckless Driving, Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree and Driving by Unlicensed Operator. Defendant Berrios has been charged with Vehicular Manslaughter in the Second Degree, Criminally Negligent Homicide, Assault in the Third Degree, Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree, Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs and Driving By Unlicensed Operator. Both face up to seven years in prison if convicted.

The District Attorney said that the criminal complaint charges that the fatal incident took place yesterday, August 1, 2005 at 2:30 a.m. It is alleged that defendant Berrios was operating a 2001 blue Volkswagon Jetta westbound on the Belt Parkway and Lefferts Boulevard in Ozone Park, Queens, at an excessive speed and lost control of the vehicle, causing the vehicle to flip over, ejecting the passenger Ernest Anzolabehere, 21, causing his death and causing injury to one other passenger, Peter Campisi, 27, who sustained bruising to his neck and knees and a sprain to his neck.

District Attorney Brown said that the complaint additionally charges that the defendant admitted that during the early morning hours of August 1, 2005 he was at a bar with friends celebrating his birthday and got drunk and drove the 2001 Jetta. It is further alleged that defendant Berrios had bloodshot, watery eyes and an odor of alcohol on his breath. It is additionally alleged that the defendant was driving without a license and that his license was suspended on August 19, 2004 and is presently suspended.

According to District Attorney Brown, following the fatal incident at Lefferts Boulevard and Belt Parkway in Ozone Park, Queens at 3:20 a.m., defendant Keitt was driving a gold Infinity at a high rate of speed and collided with a 1995 Mercury driven by Stephanie Rivera, 23, who sustained injuries of whiplash and substantial pain and then struck Police Officer Maureen Cerati, 35, of the NYPD’s 106 Precinct, who was standing within the lanes closed because of the prior fatal motor vehicle accident, seriously injuring her and causing her to sustain multiple fractures and a collapsed lung.

District Attorney Brown said that defendant Keitt exited his vehicle and fled the location. It is additionally alleged that defendant Keitt’s motor vehicle license was suspended on one or more occasions.

District Attorney Brown said that defendant Berrios was arrested at the hospital where he was being treated for his injuries and defendant Keitt was apprehended shortly after the incident in Medford, Long Island. Defendant Keitt was arraigned earlier today before Queens Criminal Court Judge Joseph Zayas who set bail at $200,000 and a return date of August 18, 2005. Defendant Berrios is being held at a local Queens hospital pending his arraignment on the criminal charges.

The investigation was conducted by Detective Edward Balfe of the New York City Police Department’s 106th Detective Squad under the supervision of Lieutenant Edward Keough and Police Officer John Buck of the NYPD’s 106th Precinct.

The case of defendant Keitt is being prosecuted by Assistant District Attorney Maryam N. Lipkansky of the District Attorney's Career Criminal Major Crimes Bureau under the supervision of Assistant District Attorney James W. Evangelou, Bureau Chief, and Assistant District Attorney Brad A. Leventhal, Deputy Bureau Chief, and the overall supervision of Senior Executive Assistant District Attorney for Trials James C. Quinn and Deputy Executive Assistant District Attorney for Trials John H. Larsen and Assistant District Attorney. Assistant District Attorney Jasmine Chang of the District Attorney’s Homicide Investigations Bureau is prosecuting the case of defendant Berrios under the supervision of Assistant District Attorneys Peter T. Reese, Bureau Chief, Peter J. McCormack III, Deputy Bureau Chief, and Richard B. Schaeffer, Senior Trial Attorney, and the overall supervision of Executive Assistant District Attorney for Major Crimes Charles A. Testagrossa and Deputy Executive Assistant District Attorney for Major Crimes Daniel A. Saunders.

It should be noted that a criminal complaint is merely an accusation and that a defendant is presumed innocent until proven guilty.