DNA Requested For Accused Murderer In Deadly Nail Salon Crash: Lawyer

DEER PARK, NY — New developments were announced on Tuesday at a court hearing for Steven Schwally, the Marine vet accused of killing four people and severely injuring nine others in a tragic Deer Park nail salon crash in June.

Christopher Cassar, Schwally's attorney, said he "gave the DA medical records" for a leg injury that made Schwally unable to take his leg off the gas when he drove at high speed through two parking lots and a major roadway — before crashing the SUV through the front window of the nail salon in June.

Cassar said had been waiting for the records since he replaced Mathrew Hereth of the Legal Aid Society of Suffolk County as Schwally's lawyer on Oct. 2.

In addition, Cassar said he "received a written request from the prosecution for a DNA sample" from Schwally, something he said is usually reserved for cases where the identification of the person who committed a crime is in question.

Judge Richard Ambro set the next court date for Feb. 13, Cassar said.

Schwally, 64, of Dix Hills, was identified at the scene of the crash and he's remained in custody since that fateful day.

At a hearing in July, prosecutors said that Schwally's "toxicology report came back with a .17 percent BAC"—more than double the legal limit of .08 percent — at the time of the crash.

Prior to that, Schwally admitted to drinking 18 beers the night before the crash, according to Newsday.

The crash killed NYPD officer Emilia Rennhack, 30, of Deer Park, Jiancai Chen, 37, of Bayside, Queens, Yan Xu, 41, of Flushing, Queens, and Meizi Zhang, 50, of Flushing, Queens, police said.In addition, the crash seriously injured Nicole Miele, 54, of Dix Hills, Ana Garcia, 53, of Bay Shore, Wen Jun Cheng, 35, of Bayside, Queens, and Michael Mehale, 58, of Deer Park, Carol Garcia, 23, of Bay Shore, Toni Saccente, 32, of West Islip, Krystal Rodriguez, 37, of Bay Shore, Nicole Saccente, 55, from Cape Coral, Florida, and a 12-year-old girl, police said.

After the crash, Schwally pleaded not guilty to the DWI charge and was held on $1 million cash bail, according to reports.

Next, on August 1, Schwally was indicted on 38 charges—including four second-degree murder charges—after he "used his 5,000-pound vehicle to kill," prosecutors said in court. Judge Ambro also denied Schwally's Legal Aid attorney's request for bail and suspended his license.

In late August, five victims who survived the tragedy filed lawsuits against Schwally, according to reports from News 12.

Two of the lawsuits filed were against Schwally and Stants Liquors, Inc., the liquor store that allegedly sold him two 42-proof, 375-millimeter bottles of Montebello Iced Tea cocktail before the fateful crash.

If convicted, Schwally is facing 25 years to life in prison, Judge Ambro said in court.