Crime & Safety

Suffolk Man Sentenced For Fatal Drunken Crash: DA

The man's passenger died in a head-on collision after a BAC test came back twice the legal limit, the DA says.

SUFFOLK COUNTY, NY — A Huntington Station man was sentenced to 4 to 12 years in prison after he admitted to driving while intoxicated and crashing head-on into another vehicle, killing his passenger, Suffolk County District Attorney Raymond Tierney announced Monday.

Leo Flores-Gracias, 26, of Huntington Station, was sentenced to 4 to 12 years in prison after he pleaded guilty to aggravated vehicular homicide and other related charges in connection with the death of Marlon Nunez-Cuellar, 25, of Huntington Station, Tierney said.

"This defendant was under the influence of alcohol and made the choice to drive himself and his friends home from a party," Tierney said in a news release. "That selfish disregard for the safety of others led to the tragic death of his own friend, Marlon Nunez-Cuellar. We hope that the sentence imposed today provides comfort to the victim's family who have been dealing with the devastating impacts of this defendant’s actions and serves as a reminder not to jeopardize the lives of others by choosing to drive under the influence."

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Around 8:05 p.m. July 4, 2023, Flores-Gracias and three others left a party where he had been drinking alcohol, according to court documents. All four people got into Flores-Gracias’ 2017 Honda Accord, officials said. Flores-Gracias began driving northbound on Sweet Hollow Road in Huntington and crashed head-on into a vehicle that was driving southbound, prosecutors said.

The Honda's event data recorder revealed that Flores-Gracias was traveling 72 mph just one second before the impact, on a roadway where the posted speed limit is 30 mph, investigators said.

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Nunez-Cuellar was transported to Plainview Hospital where he was pronounced dead from injuries he suffered in the crash, officials said.

When police officers arrived at the scene, they observed Flores-Gracias exhibiting signs of
intoxication and placed him under arrest, authorities said. Flores-Gracias consented to a blood draw upon request by police, the DA said.

Toxicology testing of his blood revealed that Flores-Gracias’ blood alcohol concentration (BAC) was 0.14 percent, prosecutors said. A sample of Flores-Gracias’ blood taken by hospital staff was also seized under a search warrant, officials said. Toxicology testing of that blood sample, taken
at a different time than the sample taken by police, revealed Flores-Gracias’ BAC was 0.19 percent, more than two times the legal limit, investigators said.

While searching Flores-Gracias’ car, law enforcement said they found an open 12-pack of beer containing one remaining full bottle in the trunk.

Flores-Gracias pleaded guilty on June 6 to aggravated vehicular homicide, second-degree manslaughter, aggravated driving while intoxicated and reckless driving.

Flores was sentenced on Monday. He was represented by Adaline Arvello.

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