2009 Taconic State Parkway crash

2009 Taconic State Parkway crash
2009 Taconic State Parkway crash
Details
Date and time: Sunday, July 26, 2009, 1:35 pm EDT
Location: Taconic State Parkway, Mount Pleasant, near Briarcliff Manor, New York
Statistics
Vehicles: 2003 Ford Windstar minivan
2004 Chevrolet TrailBlazer SUV
2002 Chevrolet Tracker SUV
Deaths: 8
Injuries: 3

The 2009 Taconic State Parkway crash was a traffic collision that occurred shortly after 1:30 PM on Sunday, July 26, 2009, on the Taconic State Parkway near Briarcliff Manor, New York. Eight people were killed when a minivan driven by 36-year-old Diane Schuler, after traveling 1.7 miles in the wrong direction on the parkway, collided head-on with an oncoming SUV. The deaths included Schuler, Schuler's daughter and three nieces, and the three passengers in the SUV. The crash was the worst fatal motor vehicle accident in Westchester County, New York, since a 1934 bus accident in Ossining claimed 20 lives.[1][2]

The ensuing investigation into the crash's cause received nationwide attention. Although a toxicology report stated that Schuler was heavily intoxicated with both alcohol and marijuana at the time of the crash, Schuler's husband Daniel has consistently denied that she abused drugs or alcohol, and has made multiple media appearances to defend his wife and call for further investigation into other possible medical causes for her erratic driving.

Contents

Day of accident

At approximately 9:30 AM on Sunday, July 26, 2009, 36-year-old Diane Schuler left the Hunter Lake Campground in Parksville, New York, in a red 2003 Ford Windstar. Riding with Schuler were her 5-year-old son and 2-year-old daughter, and her brother's three daughters (ages 8, 7, and 5). Her husband Daniel Schuler left the campground at the same time in a separate vehicle.[3][4][5] A co-owner of the campground later said that Diane Schuler appeared sober when she departed.[6][7]

On the way to West Babylon, New York, Schuler stopped at a McDonald's fast-food restaurant and a gas station in Liberty, New York. While at the gas station, she attempted to buy over-the-counter pain-relief medication, but the store did not sell any.[8][9]

Schuler left Liberty just after 11 AM, traveling along Route 17/Interstate 86 and Interstate 87, entering the Ramapo service area, and crossing the Tappan Zee Bridge, heading east.[5] Witnesses later reported seeing a red minivan driving aggressively on Route 17/Interstate 86 and Interstate 87, including aggressively tailgating, flashing headlights, honking the horn, and straddling two lanes.[5] At 11:37 AM, Schuler called Warren Hance, her brother and the father of the three nieces in Schuler's car. She reportedly told him that they were being delayed by traffic.[10] According to a police report, Schuler was seen at approximately 11:45 AM by the side of the road with her hands on her knees, as if vomiting; she was seen again in the same position a short time later, north of the Ramapo rest stop.[11]

At about 1 PM, another call was made to Hance from Schuler's cell phone. During this call, one of Schuler's nieces reportedly told her father that Schuler was having trouble seeing and speaking clearly. Schuler then talked to Hance herself and said that she was disoriented and couldn't see clearly. Police believe that the car was stopped in a pull-off area beyond the Tappan Zee Bridge tollbooths for at least part of this call. Hance reportedly told Schuler to stay off the road while he came to meet them; follow-up calls from Hance to Schuler were not answered.[5][10][12][13] A motorist later found Schuler's cell phone by the side of the road near the toll lanes of the Tappan Zee Bridge.

At 1:33 PM, two drivers called 911 after noticing Schuler's van edging onto the northbound exit ramp of the Taconic State Parkway near Briarcliff Manor, New York. The end of the exit ramp (41°08′34″N 73°48′51″W / 41.142734°N 73.814038°W / 41.142734; -73.814038), at the intersection with Pleasantville Road, is marked with two signs that read Do Not Enter and two signs that read One Way.[14] The exit ramp itself is unmarked.[15] Within the next minute, four more 911 calls were placed by motorists who reported that a car was traveling the wrong way down the parkway.

Schuler's van traveled south for 1.7 miles in the parkway's northbound passing lane before colliding head-on, at approximately 1:35 PM, with a 2004 Chevrolet TrailBlazer, which then struck a 2002 Chevrolet Tracker. Schuler, her daughter, and two of her nieces were dead at the scene of the crash, along with the three men in the TrailBlazer, 81-year-old Michael Bastardi, his 49-year-old son Guy, and their friend, 74-year-old Dan Longo. The two occupants of the Tracker suffered only minor injuries. Schuler's severely injured third niece and Schuler's 5-year-old son Bryan were taken to area hospitals, where her niece died later that day.[5][16] Bryan is the sole passenger of Schuler's vehicle to survive, suffering from broken bones and severe head trauma. He remained hospitalized before returning home in early October.[17]

Contested intoxication levels

The investigation of the collision drew nationwide attention, as Diane Schuler's family battled the conclusion that Schuler was heavily intoxicated at the time of the crash.

A toxicology report released on August 4 by Westchester County medical examiners found that Schuler had a blood-alcohol content of 0.19, with approximately six grams of alcohol in her stomach that had not yet been absorbed into her blood.[6][18][19][20] The legal BAC limit is 0.08.[19] The report also said that she had high levels of THC, the active ingredient in marijuana, in her system and had smoked marijuana as recently as 15 minutes prior to the collision.[20][21]

Diane Schuler's husband Daniel Schuler and his attorney Dominic Barbara consistently denied that she ever drank to excess or could have been drunk while driving that day.[20][22][23] Daniel Schuler eventually admitted that he and his wife had been drinking during the weekend, but he denied that Diane had anything to drink in the day preceding the crash.[24][25] The campground co-owner, who claimed to know the Schulers well and saw them off at approximately 9 AM that morning, said that Schuler appeared sober when she left; the gas station employee whom Schuler asked for Tylenol around 11 AM also said, "[I knew] for a fact [that] she wasn't drunk when she came into the station."[19][26] According to Tom Ruskin, an investigator hired by Daniel Schuler, no McDonald's employees saw any signs of intoxication in Diane Schuler, when she engaged in extended conversation there while ordering food.[27]

Ruskin told reporters in September that he had interviewed over fifty people who knew Diane, none of whom had ever seen her in a drunk state.[28][29] Ruskin also pointed to autopsy results that showed an absence of organ damage often found in alcoholics, although an uninvolved medical examiner said such results do not rule out alcoholism.[29][30] Schuler relatives have also disputed that Diane Schuler was known to drink heavily or irresponsibly.[22][31]

Daniel Schuler told investigators that his wife smoked marijuana occasionally, and the family told People magazine that she used it to relieve insomnia.[9][31] Although Daniel Schuler is an officer in the Public Security Unit of the Nassau County Police Department, he was not required to report his wife's drug use because he is a civilian.[9][32] In November, it was reported that Diane Schuler's sister-in-law had made a statement to police that Diane Schuler smoked marijuana on a regular basis.[24][25]

Daniel Schuler and Barbara publicly attributed Diane Schuler's erratic driving to a medical issue, such as a stroke.[20] According to Barbara, Diane Schuler suffered from diabetes though additional sources cite Schuler as having had gestational diabetes a temporary condition related to a prior pregnancy rather than a chronic condition; Barbara has also mentioned an abscess that had persisted in her mouth for seven weeks before her death, and a lump in her leg, about which he said, "[It] might have been an embolism."[20] The results of an autopsy conducted by a Westchester County medical examiner one day after the accident found that Schuler had not suffered a stroke, aneurysm, or heart attack.[33]

In September, New York's top forensic pathologist said that a hair test should have been done to determine Diane Schuler's drug history.[30] Daniel Schuler and his lawyer announced plans to exhume the body to perform the hair test and other examinations; experts said that this was unlikely to produce any new information of value.[23] Schuler also intended to re-test the fluid samples taken during the autopsy.[21] The Westchester County medical examiner's office, which performed the autopsy, said that the degradation of the fluids over time was likely to result in lowered alcohol and THC readings; however, several toxicology experts said that the results should be similar to the previous test if the fluid samples had been properly stored.[21] On November 7, Ruskin announced that the Schuler family had raised the money to retest Schuler's tissue samples and that the retesting would take place soon.[24] In July 2010, it was reported that Daniel Schuler had accepted a $100,000 offer from a film company, Moxie Firecracker Films, to record Diane Schuler's exhumation for an HBO documentary. Daniel Schuler's lawyer said that the money would be placed in trust for Diane's son Bryan.[34]

Daniel Schuler's persistence in disputing his wife's intoxication has been condemned by family members of the three TrailBlazer victims.[23][35] When Schuler appeared on CNN's Larry King Live in September to demand more testing of his wife's remains, Longo's brother Joseph issued a statement saying in part, "I want Daniel Schuler to know that he keeps inflicting more pain on all concerned once again [by] going to the media to try [to] paint a picture of a perfect wife and mother."[23]

Michael Bastardi's daughters appeared with their lawyer on The Today Show, on which they questioned Daniel Schuler's culpability in enabling his wife's drug and alcohol use and called for him to undergo drug testing himself. "It makes me angry that he keeps denying it," Nicotina said. "Every time he does it, he brings it back for us. I just wish that he would just admit that she was drunk. Maybe if he knows what happened that morning, if they argued or anything, that would be the truth. He wants the truth. So do we."[35] Their lawyer called Schuler's position totally outrageous, an insult to the intelligence of the American public, and a hoax.[35] Ruskin said on The Oprah Winfrey Show in October 2009 that Daniel Schuler had avoided media appearances since Larry King out of respect to the Bastardi family.[36]

In June 2010, the New York State Police issued its final report on the accident following 11 months of analysis. The report upheld the previous toxicology findings that Diane Schuler was drunk and had high levels of marijuana in her system at the time of the accident.[37]

Legal action

According to a Westchester medical examiner, the crash was ruled a homicide soon after it occurred because the victims were killed because of Diane Schuler's driving, regardless of toxicology findings.[18] On August 18, Westchester District Attorney Janet DiFiore said that no charges would be filed in the incident, as Diane Schuler was the only person responsible. "Diane Schuler died in the crash and the charges died with her," DiFiore said.[38]

In October 2009, DiFiore faced accusations that she had mishandled the Schuler case from Dan Schorr, a Republican challenger for her office of Westchester County district attorney, as well as from an attorney for the Bastardi family. Both parties said that DiFiore should have instigated a grand jury investigation into the incident. In response to Schorr's comments, DiFiore responded, "Is he suggesting that there was criminal evidence of a crime committed by someone and we wouldn't pursue it? That's just silly."[39] DiFiore won re-election in November with 53 percent of the vote to Schorr's 36 percent.[40] The Bastardi family said that if DiFiore did not convene a grand jury, they would seek support in the matter from the state attorney general and the governor.[41]

Following a request from the Bastardi family that an administrator be appointed for Diane Schuler's estate so that a lawsuit could be filed, Daniel Schuler officially declined the role in November 2009, leaving it to a county-court judge to appoint a public administrator.[42][43] On December 10, the Bastardi family filed suit against Diane Schuler and her brother, Warren Hance (father of Schuler's three deceased nieces), seeking unspecified damages for wanton, willful, and reckless conduct. According to the family's lawyers, they were required by state law to include Hance in the suit because he was the owner of the vehicle that Schuler was driving.[44]

On July 26, 2011, the day after the premiere of HBO's documentary on the subject, There's Something Wrong with Aunt Diane, and on the two year anniversary of the crash, Daniel Schuler announced that he is suing the State of New York for not keeping the road safe and his brother-in-law Warren Hance for being the owner of the minivan.[45]

Child Passenger Protection Act

In August 2009, New York governor David Paterson was prompted by the Taconic Parkway crash to propose the Child Passenger Protection Act, which would make it a felony to drive while intoxicated if a passenger under the age of 16 is in a vehicle.[26] The proposal became known as Leandra's Law, following the October death of 11-year-old Leandra Rosado, a passenger in a vehicle whose driver was drunk.[46] The Child Passenger Protection Act was signed into New York law on November 18, 2009.[47]

Media

In September 2009, the talk show Dr. Phil broadcast an episode about drunk-driving moms, which focused heavily on Diane Schuler and the crash.[48] The next month, Oprah Winfrey devoted an episode of her show to the crash, interviewing Schuler's private investigator Tom Ruskin via Skype and responding incredulously to several of his claims.[36][49]

The Law & Order episode "Doped," which first aired in November 2009, centers on a crash extremely similar to the Taconic Parkway incident. The fictionalized version features a woman who speeds down the West Side Highway in the wrong direction before crashing and killing herself, her daughter and her two nieces, and three men in another car.[50] Bastardi relatives reacted with anger upon hearing that the NBC show would be basing an episode on the real-life tragedy.[51]

There's Something Wrong with Aunt Diane (2011), directed by Liz Garbus for HBO Documentaries, establishes a timeline of events prior to the accident. The documentary premiered July 25, 2011 on HBO.[52]

References

  1. ^ Ali, A., "4 Kids, 4 Adults Die on Taconic," The Journal News (Lower Hudson), July 26, 2009.
  2. ^ "Bus Owners Ask Change in Venue". Archived from the original on 2009-09-16. http://fultonhistory.com/Newspaper%205/Brooklyn%20NY%20Daily%20Eagle/Brooklyn%20NY%20Daily%20Eagle%201934%20Grayscale/Brooklyn%20NY%20Daily%20Eagle%201934%20a%20Grayscale%20-%200148.pdf. Retrieved 2009-09-13. 
  3. ^ "Crash Mom Was Fully 'Loaded'", New York Post, August 5, 2009.
  4. ^ NY Police: Woman Was OK at Restaurant Before Crash, WCBS, Aug 7, 2009.
  5. ^ a b c d e Fitz-Gibbon J, Bandler J., "A Week after the Crash, Questions Remain," The Journal News (Lower Hudson), August 3, 2009.
  6. ^ a b Gendar, A., Chapman, B., Goldsmith, S.,Driver in deadly Taconic crash Diane Schuler was drunk, had marijuana in system, New York Daily News, August 4, 2009.
  7. ^ "Taconic-Crash Mom Drunk, High, Tests Reveal," Times Herald-Record, August 5, 2009.
  8. ^ "Private Eye: Wrong-Way Driver Stopped at NY Store," Associated Press, August 14, 2009.
  9. ^ a b c Lam, C., Schuler's husband meets again with State Police, New York Newsday, August 14, 2009.
  10. ^ a b Baker, A., and Kovaleski, S., "Alcohol and Phone-Call Details in Wrong-Way Crash," The New York Times, August 8, 2009.
  11. ^ Crowley, Kieran. "Taconic ma twice car sick." New York Post, 2009-11-09.
  12. ^ Cohen S, and Bandler J, "Driver Spoke on Phone with Brother 25 Minutes Before Fatal Crash," The Journal News (Lower Hudson), July 30, 2009.
  13. ^ Baker, A., "Investigators Reconstruct a Route That Led to 8 Deaths," The New York Times, August 2, 2009.
  14. ^ Foderado, L.W., Schweber, N.,"Bad Omens, a Fateful Turn, and 8 Lives Lost," The New York Times, July 28, 2009.
  15. ^ Marchant, R., "Wrong-way Turn onto Taconic Puzzles Many," The Journal News (Lower Hudson), July 28, 2009 (Video).
  16. ^ Gorman, S., "Child's Helpless Eyes Haunt Ossining Firefighter," The Journal News (Lower Hudson), August 10, 2009.
  17. ^ Lysiak, Matthew and Gaskell, Stephanie. "Sole Survivor of Taconic Parkway Crash, 5-Year-Old Bryan Schuler, is Home from Hospital." New York Daily News, 2009-10-08.
  18. ^ a b Ferran, Lee. "Diane Schuler, Wrong-Way Highway Driver Who Killed 8, Had 10 Drinks, Was High." ABC News, 2009-08-04. Accessed 2009-09-16. Archived 2009-09-18.
  19. ^ a b c Welch, William M. "All Reported Normal Before Woman's Fatal Wrong-Way Drive." USA Today, 2009-08-13.
  20. ^ a b c d e Fitz-Gibbon, Jorge and Shawn Cohen. "Husband: Wrong-way Driver Didn't Drink." USA Today, 2009-08-06.
  21. ^ a b c Amon, Michael. "ME: Schuler retests will show lower alcohol content." Newsday, 2009-09-08.
  22. ^ a b "Wrong-Way Crash: "Diane Would Not Do This." CBS News, 2009-08-07.
  23. ^ a b c d Ali, Aman. "Victims' Families Express Revulsion at Schuler's TV Appearance." The Journal News (Lower Hudson), 2009-09-03. Accessed 2009-09-16. Archived 2009-09-18.
  24. ^ a b c Millman, Jennifer. "Taconic Mom Drank But Was No Drunk: Hubby Changes Story." NBC New York, 2009-11-07.
  25. ^ a b O'Connor, Anahad and Schweber, Nate. "Driver Said to Have Used Marijuana Regularly." The New York Times, 2009-11-06.
  26. ^ a b Lysiak, Matthew. "Family of Victims in Deadly Taconic crash Support Gov. Paterson's Plan to Toughen DWI Laws." New York Daily News, 2009-08-14. Accessed 2009-09-16. Archived 2009-09-18.
  27. ^ Lysiak, Matthew and Siemaszko, Corky. "Death Driver Diane Schuler Was Sober in McDonald's Before Crash, Says Family Investigator." New York Daily News, 2009-11-19.
  28. ^ Melas, Chloe. "Family: No Signs of Long-Term Drinking in Driver in Fatal Crash." CNN, 2009-09-01.
  29. ^ a b "Autopsy: Wrong-Way Crash Driver Not an Alcoholic." New York Post, 2009-09-02.
  30. ^ a b Amon, Michael. "Expert: Diane Schuler Should Have Had Hair Drug Test." Newsday, 2009-09-01.
  31. ^ a b Crowley, Kieran and Ginger Adams Otis. "Crash Ma Was a Toker." New York Post, 2009-08-17.
  32. ^ New York Times Topics: Diane Schuler, New York Times, 2009-08-06.
  33. ^ Amon, Michael. "Authorities: Autopsy Offers No Explanation for Crash." Newsday, 2009-07-28.
  34. ^ Lysiak, Matthew, et al. "Families Fight over Planned HBO Film of Taconic Death Driver Diane Schuler on Anniversary of Tragedy." New York Daily News, 2010-07-27.
  35. ^ a b c Celizic, Mike. "Family of Wrong-Way Driver’s Victims Fires Back." MSNBC, 2009-09-04.
  36. ^ a b Ali, Aman. "Victims' Families Angered by Schuler Claims." The Journal News (Lower Hudson), 2009-10-29.
  37. ^ Ferrete, Candice. "Taconic Tragedy: Schuler Was Going 85 MPH in Wrong Direction, Final Police Report Says." The Journal News (Lower Hudson), 2010-06-29.
  38. ^ "No Charges in Fatal Wrong-way Crash." CBS News, 2009-08-18.
  39. ^ Aiello, Tony. "Challenger Pokes Holes In Westchester DA's Record WCBS, 2009-10-09.
  40. ^ Bandler, Jonathan. "DiFiore Pleased with Easy Win, Schorr Proud of Campaign." The Journal News (Lower Hudson), 2009-11-05.
  41. ^ Ali, Aman. "Updated: Victims' Family Wants DA to Investigate Schuler Case." The Journal News (Lower Hudson), 2009-11-01.
  42. ^ Amon, Michael. "Court May Name Executor of Diane Schuler's Estate." Newsday, 2009-10-22.
  43. ^ Ali, Aman. "Judge to Appoint Administrator for Diane Schuler’s Estate." The Journal News (Lower Hudson), 2009-11-18.
  44. ^ Zraick, Karen. "Suit Filed in Wrong-Way Crash That Killed 8 on Taconic." The New York Times, 2009-12-10.
  45. ^ Michelin, Robert. "Husband of Wrong Way Driver Sues State, In-Laws". The Daily Eastchester, 2011-07-26.
  46. ^ Blain, Glenn. "GOP Senator Fuschillo Demands Action, Tougher Laws for Drunken Driving: 'Leandra's Law.'" New York Daily News, 2009-10-31.
  47. ^ Robinson, Cheryl. "New York Toughens Drunken Driving Law." CNN, 2009-11-19.
  48. ^ Dr. Phil.com—Shows—Drunk Driving Moms
  49. ^ Feldman, Emily. "Oprah Challenges Taconic Crash Investigator on Show." NBC New York, 2009-10-28.
  50. ^ Melillo, Amanda. "Taken from the Taconic." New York Post, 2009-11-06.
  51. ^ Crowley, Kieran. "Taconic Van-Wreck Kin Blast Law & Order Copy Episode." New York Post, 2009-10-20.
  52. ^ HBO

External links

Coordinates: 41°07′11″N 73°48′25″W / 41.119729°N 73.807051°W / 41.119729; -73.807051


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