A Suffolk County grand jury has returned an indictment against Lisa Rooney of Montauk, who was arrested on suspicion of drunken driving after she struck and killed a bicyclist there this fall.
In an 11-count indictment issued Monday, Ms. Rooney faces six felony charges, including the top count of aggravated vehicular homicide, and first-degree vehicular manslaughter. The charges indicate that prosecutors will make the case that her blood-alcohol level was .18 or more at the time she struck 28-year-old John James Usma-Quintero on Oct. 30.
A toxicology report produced a reading of .13, but that was more than three hours after the crash. A warrant for the procedure had to be obtained, as she refused to consent to a blood or Breathalyzer test.
If convicted on the top charge, a class B felony, Ms. Rooney, who is 30 years old, faces 8 1/3 to 25 years in prison.
A Montauk resident and business owner whose mother is a New York City judge, Ms. Rooney was driving a brand-new Chevrolet Silverado pickup truck when she struck Mr. Usma-Quintero, who was riding his bicycle home from work at the 7-Eleven in downtown Montauk. The accident occurred on the shoulder of Flamingo Avenue, near Falcon Place, just after 6 p.m. The victim, a father of two children who live in his native Colombia, died of his injuries at Stony Brook Southampton Hospital.
The initial charge against Ms. Rooney was a misdemeanor, driving while intoxicated, while the County District Attorney's office waited on toxicology reports.
The grand jury also charged Ms. Rooney with related felonies, including manslaughter, for recklessly causing the death of another person; assault, for recklessly causing serious physical injury to another person by means of a deadly weapon or dangerous instrument, and two counts of vehicular manslaughter for operating a vehicle in violation of drunken-driving laws.
There are five misdemeanor charges in the indictment, including one of cocaine possession. The four others cite reckless driving, aggravated driving while intoxicated, and two other D.W.I.-related related charges.
The indictment will be unsealed officially in Judge Fernando Camacho's courtroom on Jan. 13, 2020, when Ms. Rooney will be re-arraigned. However, there will be no bail in the upgraded case. According to the District Attorneys Association, the top charge of aggravated vehicular homicide does not qualify for bail in New York State under the new bail reform laws, which go into effect on Jan. 1. She will be released on her own recognizance.
Ms. Rooney has been free since she was first arraigned, on Halloween, in East Hampton Justice Court. Justice Lisa R. Rana initially set $1,000 bail, citing the looming bail reform laws. That cash bail had to be returned by the New Year under the new law. Ms. Rooney entered an in-patient rehabilitation program in the days after the fatal accident. Her attorney, Marc C. Gann of Collins Gann McCloskey & Barry, a Mineola firm, told reporters that he expected a grand jury would indict. Mr. Gann could not be reached for comment on New Year's Eve.
In a prepared statement issued after her appearance in Justice Court and read aloud by Mr. Gann, Ms. Rooney's family, addressing the family of the victim, said there were “no words that can express their sorrow for the grief that has been thrust upon their family nor are there any words or deeds that can undo the tragedy or can relieve their sorrow. They know there is no greater pain than losing a loved one and are truly sorry for their loss."
