DA: Trial Starts Tuesday for Lindenhurst DWI Driver Thomas Clarry, 47; Facing Six Counts of Vehicular Assault

LONG ISLAND, NY – Opening arguments in the DWI-Vehicular Assault trial of a Lindenhurst computer technician are scheduled for tomorrow, Tuesday, May 19, in criminal court in Riverside, Suffolk County District Attorney Thomas Spota said.

When Thomas Clarry, 47, attempted to make a left turn from Montauk Highway onto South Broadway in Lindenhurst on May 28, 2012, he collided with a 2003 Infiniti traveling eastbound. The driver of the Infiniti, Dina Gaballa, suffered serious injuries and four passengers; her 9-year-old nephew, her 68-year old father, her 4-year-old daughter and her 2-year-old son received treatment for non-life threatening injuries at Good Samaritan Hospital Medical Center in West Islip.

Thomas Clarry, 47, told police at the scene he had one beer prior to the crash but an analysis of his blood established Clarry’s blood-alcohol level at .25%, more than three times the legal threshold, according to the Suffolk County District Attorney.

District Attorney Spota said Clarry is charged in the indictment with six counts of vehicular assault in the first degree, aggravated driving while intoxicated, driving while intoxicated and failure to yield the right-of-way.

“The defendant told police at the scene he had one beer prior to the crash but an analysis of his blood established Clarry’s blood-alcohol level at .25%, more than three times the legal threshold,” DA Spota said.

Acting State Supreme Court Justice Mark Cohen will preside at the trial which is expected to start at approximately 11:00 am.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent unless proven guilty. Defendants are entitled to a fair trial with the burden on the prosecution to prove guilt beyond a reasonable doubt.