Police Officer Glen Ciano who was killed after being hit by vehicle driven by Jose Borbon. Borbon was charged with DWI
The Plainview man accused of being drunk at the wheel when he collided with a police cruiser, killing a Suffolk officer, faces increasing legal peril after prosecutors said his blood alcohol level was more than twice the legal limit.
For the second day in a row, Jose Borbon, 23, stood in a Central Islip court Tuesday to face charges that he was drunk when he and Officer Glen Ciano collided before dawn Sunday in an intersection in Commack. Ciano, 45, a veteran Second Precinct officer, was killed when his cruiser hit a pole and burst into flames.
John Collins, Suffolk County's chief trial prosecutor, said a preliminary test of Borbon's blood showed an alcohol content of .19, far surpassing the legal limit of .08. Because the blood alcohol content exceeded a statutory limit of .18, prosecutors additionally charged Borbon - already charged with one count of misdemeanor drunken driving - with aggravated drunken driving.
However, based on a number of factors, such as the blood-alcohol content and the circumstances of the crash, it is likely he will face upgraded felony charges. Prosecutors this week said Borbon could face a homicide charge. This could include the crime of second-degree manslaughter, which is recklessly causing someone's death.
Collins noted that more than three hours passed between the crash and the drawing of the blood. "I think it follows logically and scientifically that that (the BAC) was well higher at the time of the crash," he said.
Borbon's attorney, William Petrillo of Rockville Centre, declined comment.
At the arraignment, Borbon, dressed in green jail scrubs and laceless black shoes, pleaded not guilty. His family again sat silently in a crowded audience dominated by dozens of Suffolk police officers.
While the new charge is also a misdemeanor carrying a maximum sentence of one year, the blood test result could be the critical factor in how a grand jury will perceive Borbon's actions, legal experts said.
Based on the "considerably high reading," Garden City attorney Stephen LaMagna said prosecutors would argue Borbon's alleged intoxication level was a "voluntary, reckless act" requiring a high-level felony charge.
"I think there is a high likelihood they will charge the defendant with the highest homicide they can . . . and that will be manslaughter two," LaMagna said.
The blood evidence prompted District Court Judge Patricia Filiberto to raise Borbon's bail from $75,000 to half a million dollars. Petrillo called the bail "perhaps the highest this court has ever set for a misdemeanor."
Petrillo asked prosecutors and the judge to ensure surveillance videos taken from a gas station near the crash site are "carefully preserved."
Borbon is scheduled to return to court on March 25.
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