PSEG driver in 2014 fatal crash on Flanders Road will have all charges dismissed after community service

The PSEG worker whose utility truck crossed into the oncoming lane of traffic and struck an SUV head-on, killing a Hampton Bays woman on her way to work on January 16, 2014 has entered into an agreement that will have all remaining charges against him dismissed in exchange for completion of 140 hours of community service.

The PSEG driver, Michael Pepe of Bayport, was texting just before the crash that claimed the life of Barbara Tocci, 48. He will complete  community service by participating in anti-distracted-driving efforts through M.A.D.D., local government agencies, and at local schools, a spokesperson for Suffolk District Attorney Thomas Spota said this afternoon. Upon completion of the community service, the remaining two counts against the defendant will be dismissed.

Pepe initially denied to police that he had been using his cell phone just before the crash. He reported hitting a pothole and lost control of his vehicle.

Evidence brought before the grand jury showed Pepe was texting on his personal cell phone for 20 minutes prior to the accident. He was indicted by a grand jury on a felony charge of criminally negligent homicide, as well as on a charge of reckless driving, an unclassified misdemeanor.

The judge presiding over the case granted Pepe’s motion to dismiss the criminally negligent homicide charge last August.

Evidence showed Pepe received the last text message, which was unopened, at 7:53 a.m., the judge said. The first 911 call reporting the accident was received by Southampton Town Police approximately four minutes later.

“There was no evidence presented that the defendant was texting, reading or talking on his personal cellular phone at the time of the accident,” Camacho wrote.

“The defendant’s alleged poor judgment several minutes prior to an accident with devastating results, based upon these facts, fails to rise to the level of moral blameworthiness to support a finding of criminal negligence,” the judge wrote.

Pepe’s attorney, Steven Epstein of Garden City said after the dismissal of the felony last year that he would go to trial on the remaining two charges and was confident his client would be exonerated. He blamed the accident on the “dangerous and deadly conditions” of State Route 24 at the time.

“Those conditions caused prior accidents at the same location when drivers lost control of their vehicles due to the craters – not simply potholes in the road,” he said.

Bob Clifford, the district attorney’s spokesperson, said today that the top count remaining against Pepe, reckless driving, is “punishable by, at most, 30 days of incarceration.”

Pepe will “complete the the community service alternative to 30 days of incarceration,” Clifford said. He said the judge today in open court
“praised the People for obtaining a ‘fair and reasonable’ resolution of this matter.”

Susan Tocci, the victim’s sister, said this afternoon her family does not believe the resolution was “fair and reasonable.”

“This man chose to take the phone that he was texting on and hid it,” Tocci said. “He chose not to call for help as my sister lay there dying. Instead he hid his phone and denied to police that he was using it.”

Pepe is not taking responsibility for his actions, Tocci said. “How could he possibly convince others not to do what he’s not admitting to?” she asked.

“My sister’s life was worth more than 140 hours of community service,” Tocci said, breaking down. “By no means does my family believe this is fair,” she said.

Tocci said since Pepe didn’t take responsibility, community service “doesn’t even make sense” because “it’s not genuinely from his heart.”

Reached this afternoon, Pepe’s lawyer said he was not yet prepared to comment for this story.