(SUFFOLK COUNTY, N.Y.) – Suffolk County District Attorney Raymond A. Tierney today announced that Leo Flores-Gracias, 26, of Huntington Station, was sentenced to 4 to 12 years in prison after pleading guilty to Aggravated Vehicular Homicide and other related charges, for driving while intoxicated and crashing head-on into another vehicle, killing his own passenger, Marlon Nunez-Cuellar, 25, of Huntington Station.
“This defendant was under the influence of alcohol and made the choice to drive himself and his friends home from a party. That selfish disregard for the safety of others lead to the tragic death of his own friend, Marlon Nunez-Cuellar,” said District Attorney Tierney. “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.”
According to court documents and the defendant’s admissions during his guilty plea allocution, on July 4, 2023, at approximately 8:06 p.m., Flores-Gracias and three others left a party where he had been drinking alcohol. All four individuals got into Flores-Gracias’ 2017 Honda Accord. Flores-Gracias began driving northbound on Sweet Hollow Road in Huntington and crashed head-on into a vehicle that was driving southbound.
An extraction of the vehicle’s event data recorder revealed that Flores-Gracias was travelling 72 mph just one second before the impact, on a roadway where the posted speed limit is 30 mph.
Nunez-Cuellar, one of Flores-Gracias’ passengers, was transported to Plainview Hospital where he was pronounced dead from injuries he sustained in the crash.
When police officers arrived at the scene, they observed Flores-Gracias exhibiting signs of intoxication and placed him under arrest. Flores-Gracias consented to a blood draw upon request by police. Subsequent toxicology testing of his blood revealed that Flores-Gracias’ blood alcohol concentration (BAC) was .14%. Additionally, a sample of Flores-Gracias’ blood taken by hospital staff was also seized pursuant to a search warrant. Toxicology testing of that blood sample, taken at a different time than the sample taken by police, revealed Flores-Gracias’ BAC was .19%, more than two times the legal limit. While executing a search warrant of Flores-Gracias’ vehicle, law enforcement found an open 12-pack of beer containing one remaining full bottle in the trunk.
On June 6, 2024, Flores-Gracias pleaded guilty to the following charges before Supreme Court Justice Richard Ambro:
On September 30, 2024, Justice Ambro sentenced Flores Gracias to 4 to 12 years in prison. He was represented by Adaline Arvello, Esq.
This case was prosecuted by Assistant District Attorneys James McCormack and Emma Henry of the Vehicular Crime Bureau, and the investigation was conducted by Detective Valentin Rosado of the Suffolk County Police Department’s Major Case Unit.
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Criminal complaints and indictments are merely accusatory instruments.
Defendants are presumed innocent until proven guilty. No one is above the law.
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