December 20, 2007

Grand Jury Indicts Santos on Homicide Charge

Albertson woman is first defendant charged with new DWI law

MINEOLA, NY – Nassau County District Attorney Kathleen Rice announced this morning that a grand jury has handed down a 15-count indictment of Sophia Santos, charging the 20-year-old Albertson woman with Aggravated Vehicular Homicide in connection with the November 11th death of Virginia Casazza-Urgo, 62, of Valley Stream. 

Thursday’s arraignment marked the first time that the law has been used since it was enacted November 1, 2007.  Rice and State Senator Charles Fuschillo drafted and lobbied successfully for the legislation to help fill a gaping hole in state law, as it pertains to drunk-driving fatalities.

“When we were drafting this bill, I was hoping that my office would not have the unfortunate opportunity to be the first to use it,” said Rice.  “Our laws on drunk driving are getting better, but there is still work that has to be done.  Unless we put this law to use and fight for other aggressive pieces of legislation, we will continue to lose lives on our roads.”

Aggravated Vehicular Homicide is a Class B felony punishable by up to 25 years in prison.  Prior to the passage of the law, the overwhelming majority of defendants involved in DWI fatalities were eligible for simple probation and no jail time.  The minimum time of incarceration on a Class B felony is five years in prison.

“The circumstances of the tragic events on the evening when Virginia Casazza Urgo lost her life has led District Attorney Rice to charge Sophia Santos under the state’s new aggravated vehicular homicide law, which I authored. This new law now gives prosecutors the tools they need to appropriately charge drunk drivers who kill others and hold them accountable for their actions,” said State Senator Charles J. Fuschillo, Jr.

Rice said that in in the early morning hours of Sunday, November 11, Sophia Santos was driving a 2006 Mercedes Benz westbound on Hempstead Turnpike in Levittown.  Ms. Santos ran the red light located at the intersection of Wantagh Avenue and Hempstead Turnpike, striking a 2005 Chevrolet being driven by Nancy Tumminello, of Elmont. 

Rice said that the defendant’s blood-alcohol at the time of the crash was .24, three times the legal limit, and that she ran a steady red light before striking the victims car in the middle of the intersection.  In addition to the death of Ms. Urgo, the crash resulted in serious physical injury to 53-year-old Linda Chapman, of Levittown.  Also injured was 53-year-old John Urgo, of Valley Stream.

To be found guilty of Aggravated Vehicular Homicide, the following must be proved:

• DWI+
• Reckless Driving +
• .18 BAC; OR
• Suspended or Revoked for alcohol offense; OR
• Prior DWI/DWAI conviction in 10 years: OR
• Causes more than one death; or a death and serious physical injury; OR
• Prior vehicle-related assault or homicide conviction

Assistant District Attorney Matthew Lampert, of the DA’s County Court Trial Bureau, is handling the case for the District Attorney’s Office.  Ms. Santos is being represented by the Legal Aid Society of Nassau County.

Nassau County Judge David Ayres set Ms. Santos’ bail at $1,000,000 cash or bond, and ordered her to return to court January 7.