Crashed into a Long Island nail salon, killing 4 and injuring 9. Lawyer argued that driving may have been caused by leg injuries

In a recent court hearing, Steven Schwally, the driver involved in a tragic drunk driving incident that claimed four lives and injured nine after crashing into a Deer Park nail salon, made another appearance in court. His new attorney, Christopher Cassar, raised the possibility that an old injury to Schwally’s right leg may have played a role in the accident. A trial is set to begin in two weeks.

Previously, Schwally was represented by the Legal Aid Society of Suffolk County, which officially withdrew from the case on October 2. He is now under the guidance of Cassar. The attorney noted that Schwally has metal hardware installed in his leg and ankle, suggesting, “This may have made it difficult for him to lift his foot off the accelerator.”

Cassar also shared that Schwally is a veteran, clarifying that this leg injury did not arise during his military service. “We are thoroughly reviewing all evidence and medical records to pinpoint the exact cause of the incident,” he said, though he refrained from providing additional details about the injury as the legal team continues to assess Schwally’s health.

According to police reports, on the morning of June 28, Schwally purchased two 375ml bottles of a particular brand of 42-proof Long Island Iced Tea cocktail and was seen driving in the Deer Park area. Around 4:30 PM that day, he accelerated out of a parking lot in an SUV and crashed into the nail salon. The impact struck the rear of the building, tragically trapping four individuals underneath, which resulted in four deaths—three of whom were of Asian descent—along with nine injuries.

Since his arrest, Schwally has been held at Suffolk County Jail. Although he sought bail, Supreme Court Judge Richard Ambro denied the request, citing the risk of Schwally facing life imprisonment and his lack of a stable home. On August 1, Schwally entered a plea of not guilty to 28 felony charges, including four counts of second-degree murder and several other offenses. During his court appearance on October 2, he was still using a wheelchair and had shaved his head, greeting attorney Cassar with, “I know who you are; how could I forget?”

Assistant District Attorney Alexander Bopp informed Judge Ambro that the prosecution still needed to submit some evidence, and the case is expected to be trial-ready by October 17. The judge granted Schwally an exemption, allowing him not to attend the next court appearance.

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