January 29, 2007

Grand Jury Upgrades Charges in DWI Crash

Former NYC police officer now facing 15 years behind bars

MINEOLA, NY - Nassau County District Attorney Kathleen Rice announced today that a grand jury has indicted Danielle Baymack, 22, on one count of Manslaughter in the Second Degree, in connection with a September 2006 car crash that killed her New York Police Department colleague, 24-year-old Marlene Rivera. Also included in the Grand Jury’s indictment were charges of Vehicular Manslaughter in the Second Degree and Driving While Intoxicated.

At the time of the incident, the defendant was charged with Vehicular Manslaughter in the Second Degree. If convicted of that charge, Ms. Baymack would face a maximum of seven years in prison. If convicted of the manslaughter charge, Ms. Baymack would face a maximum of 15 years in prison.

The charges allege that in the early morning hours of Friday, September 22, 2006, Ms. Baymack and the victim were traveling west on Sunrise Highway in the defendant’s 2000 Mitsubishi Galant. Near the Wantagh State Parkway in Wantagh, Ms. Baymack’s automobile left the roadway traveling more than 50 miles per hour before careening onto a guide rail and slamming into a sign post. Ms. Rivera, sitting in the front passenger seat, was pronounced dead a short time later by hospital staff at Nassau University Medical Center. A blood sample taken at Nassau University Medical Center indicated that Ms. Baymack’s blood-alcohol concentration was .11.

Prior to the crash, Ms. Baymack and Ms. Rivera dropped off a third officer at her Lindenhurst home. At the time of the incident they were traveling to Ms. Rivera’s home in Brooklyn. Ms. Baymack lives in Bayside, Queens. It is believed that the three off-duty officers - all assigned to the Jamaica, Queens-based 103rd precinct - were drinking at Play Lounge in Elmhurst, Queens.

Although Ms. Baymack’s injuries forced the court to arraign her at her hospital bedside the afternoon following the crash, they were not considered life-threatening. After a two-day stay in the hospital, Ms. Baymack posted the $40,000 bond or $15,000 cash bail and was released.

At her arraignment on the indictment this morning in Nassau County Court, Judge Jeffrey S. Brown continued the defendant’s bail status. She is due back in court February 9.

ADAs Martin Meaney and Christopher Holbrook are handling the case for District Attorney’s Office, under the supervision of the Vehicular Crimes Bureau Chief, ADA Maureen McCormick. Ms. Baymack is being represented by Dennis Lemke, Esq., of Mineola.

The charges are merely accusations, and the defendant is presumed innocent until and unless proven guilty.