‘They Never Really Stood A Chance’: LI Driver Faces 19 Counts In Crash That Killed Road Worker

SUFFOLK COUNTY, NY — A Lake Ronkonkoma man accused of driving while impaired by drugs when his car struck three construction workers in Nesconset, killing one and seriously injuring two others, was arraigned Wednesday on a 19-count indictment led by aggravated vehicular homicide.

Thomas Lobianco, 26, pleaded not guilty before Acting Supreme Court Justice Bryan Browns as prosecutors laid out the account of the Aug. 10 crash, accusing Lobianco of driving through a red light at a high rate of speed, crossing into the opposite side of Townline Road and going onto a sidewalk without braking before striking the three workers.

Joel Sicon Porix, 38, was killed. Two other workers suffered serious leg injuries that required emergency surgery, according to Suffolk County District Attorney Ray Tierney's Office.

The new indictment escalates the original misdemeanor driving-while-ability-impaired-by-drugs charge Lobianco initially faced after the crash.

During Wednesday's arraignment, Assistant District Attorney Raymond Varuolo told the court that a grand jury had returned 19 counts, including nine felonies, and asked Browns to remand Lobianco rather than continue the bail package imposed after his initial arrest.

Lobianco was indicted on aggravated vehicular homicide, a Class B felony, as well as second-degree manslaughter, aggravated vehicular assault, second-degree vehicular manslaughter, first-degree vehicular assault, two counts of second-degree assault and two counts of second-degree vehicular assault, prosecutors said.

The indictment also charges him with two counts of driving while ability impaired by drugs, driving while ability impaired by a combination of drugs, seventh-degree criminal possession of a controlled substance, fourth-degree criminal possession of a weapon, second-degree reckless endangerment, reckless driving and three traffic infractions, including failure to maintain lane, failing to stop at a traffic control device and disobeying a traffic control device, prosecutors said.

Lobianco has remained in custody since that first arraignment, his attorney, Robert Macedonio, told the court.

Browns ordered Lobianco held on $7.5 million cash bail, $15 million bond or $30 million partially secured bond and ordered his driver's license suspended while the case is pending. Lobianco is scheduled to return to court Oct. 14 and faces 8⅓ to 25 years in prison if convicted of the top count.

The judge said bail was not intended as punishment but said the increased potential sentence created a greater incentive for Lobianco not to return to court.

“The indictment now before the court materially changes the circumstances that existed when the prior securing order was imposed,” Browns said.

Prosecutors Describe Minutes Before Crash

Prosecutors said Lobianco was driving a 1999 Toyota Camry east on Townline Road at about 6:43 a.m. Aug. 10 after finishing an overnight shift at a nearby 7-Eleven.

According to the district attorney's investigation, a witness first saw Lobianco stopped at a green light at Townline and Blydenburgh roads, holding up traffic. He reportedly began moving only after a driver behind him honked, then continued east while drifting across the roadway, the DA said.

As Lobianco approached Terry Road, prosecutors said several witnesses saw him drive through a steady red light at a high rate of speed, enter a turning lane, cross the double-yellow line into the westbound side of Townline Road and drive onto the sidewalk on the other side of the road without braking.

Surveillance video captured the Camry striking Sicon Porix and two other workers who were on the sidewalk wearing reflective safety vests, the DA's office said.

Sicon Porix was transported to Stony Brook University Hospital, where he was pronounced dead.

The two surviving workers suffered serious leg injuries and underwent emergency surgeries, prosecutors said.

Members of the victims' families were sitting in the courtroom as prosecutors described the impact and injuries.

After striking the men, prosecutors say the Camry continued down the sidewalk, hit a traffic device, utility pole and fence, and ultimately stopped against a tree.

“I'm struck by the tragedy of this case,” Tierney said. “And the thing that I think is particularly galling is we're seeing the same thing happen over and over again.”

Tierney described Sicon Porix as a hardworking man who left behind a wife, three children and a loving family.

“We have this terrible tragedy in which one hardworking man lost his life, and another two hardworking individuals were seriously injured, and it's all preventable. All preventable,” Tierney said.

Tierney said prosecutors allege the crash resulted from “one person's decision to get behind the wheel of a car” after taking what he characterized as “a cocktail of substances” that significantly impaired the driver's ability to operate the vehicle.

DA: Surveillance Shows Lobianco Before Crash

Investigators also obtained surveillance footage from the 7-Eleven where Lobianco had worked an overnight shift shortly before the crash, according to the district attorney's office.

Prosecutors said footage shows Lobianco swaying, stumbling, nearly falling on multiple occasions and nodding in and out of consciousness during the shift.

Varuolo told the judge that customers could be seen asking Lobianco whether he was "okay" during the night.

Police who responded to the crash later observed what prosecutors described as signs of drug impairment and arrested Lobianco, according to the DA's office.

Prosecutors told the court that Lobianco consented to a blood draw within approximately two hours of the crash and said preliminary toxicology testing showed cannabis and clonazepam in his system.

Tierney said after court that prosecutors have charged Lobianco separately with impairment by cannabis, impairment by clonazepam and impairment caused by the combination of the two.

The district attorney's office also said a switchblade knife was recovered from Lobianco's vehicle and that cannabis, clonazepam and drug paraphernalia were recovered from a backpack.

‘They Never Really Stood A Chance’

Tierney said LoBianco's vehicle remained stopped when a traffic signal was green, then proceeded and eventually accelerated toward what he described as a clearly marked worksite after the signal changed. The workers, Tierney said, were moving away from the direction of the approaching car.

“They unfortunately never really stood a chance,” Tierney said. “They were walking away from the direction of the car, and the car just came upon them at a great rate of speed. Every morning, construction crews step out onto Suffolk County roadways to perform work that every one of us relies on, often just feet away from fast-moving traffic. They have every right to expect that they will make it home safely at the end of their shift.”

Defense Challenges Preliminary Evidence

Speaking after the arraignment, Macedonio called the crash “a terrible tragedy” and said his thoughts were with Sicon-Porix, the two people seriously injured and their families. He said Wednesday's proceeding marked only the beginning of a criminal case that will involve disputes over the evidence.

“We have serious criminal allegations,” Macedonio said. “It's the beginning of the legal process. We have significant factual, scientific, and other legal issues that will have to be pursued before any conviction will take place in this case.”

Macedonio specifically challenged drawing firm conclusions from the toxicology evidence available to the defense so far.

“Toxicology evidence that we received today is preliminary lab results,” Macedonio said. “We do not have the finalized results, and they are not yet complete. Any indication of what the levels of intoxication were — we cannot draw any conclusions at this time.”

Macedonio said the defense had not yet received evidence necessary to independently analyze the physical configuration of the construction zone and the crash reconstruction.

“When they say driving on the wrong side of the road, were the lanes paved or the cones up, we don't know any of that evidence yet,” Macedonio said. “We've received none of it. People say they have videos and statements — we received none of that."

Browns permitted the defense to reserve its right to make a future bail application.

Macedonio said Lobianco, a lifelong Suffolk County resident, has family supporting him and maintained his not-guilty plea.

“Today's arraignment is the beginning of the legal process,” Macedonio said. “We deserve the right to make an application once we review the evidence that's provided, and we can make an appropriate application to the court at that time.

Lobianco is due back before the court on Oct. 14.