Accused Murderer In Deadly Nail Salon Crash Wants Charges Dropped: Report

DEER PARK, NY — The marine vet accused of drunkenly crashing into a Deer Park nail salon and killing four people last year is seeking to have the murder charges dropped, arguing his alleged conduct doesn't meet the criteria for second-degree murder, according to a report by Newsday.

The outlet said that Schwally's attorney, Christopher Cassar, recently filed a motion arguing that some of the conduct alleged to have been committed by Schwally "does not rise to the standard laid out in the depraved indifference murder statute."

The crash killed NYPD officer Emilia Rennhack, 30, of Deer Park, Chen, 37, of Bayside, Queens, Yan Xu, 41, of Flushing, Queens, and Meizi Zhang, 50, of Flushing, Queens, Suffolk County 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 authorities.

At a hearing in July 2024, 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, Newsday said.

On Aug. 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.

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

In January, Christopher Cassar, Schwally's attorney, told Patch 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 he had been waiting for the records since he replaced Mathew 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.

Schwally is due back in court on June 17, according to court records.

Cassar was not immediately available for comment.

Read more here in Newsday.