Oceanside resident Diana Kutateladze had almost twice the legal BAC in crash that killed two people, Nassau DA says

An Oceanside woman accused of causing a six-vehicle crash on the Southern State Parkway last month that killed a couple had a blood-alcohol content of 0.15%, Nassau County District Attorney Anne Donnelly said on Friday, nearly double the legal limit.

Diana Kutateladze, 36, was driving 81 mph in a 55 mph zone seconds before the March 15 crash that also left her, her husband and four other people injured, Donnelly said shortly after the defendant pleaded not guilty to vehicular homicide, vehicular manslaughter and other drunken-driving charges outlined in a 23-count indictment.

Acting State Supreme Court Judge Howard Sturim ordered Kutateladze to remain in custody during an arraignment on the charges on Friday in Mineola. The defendant appeared in a wheelchair due to injuries she suffered during the crash and sobbed — at times loudly — through much of the hearing.

Donald Maxwell, 82, and his wife, Liscent Maxwell, 88, were killed in the March 15 crash, Nassau prosecutors said. The couple, leaders in the Pentecostal City Mission Church in Far Rockaway, were returning from church when the crash occurred.

"The defendant’s reckless, drunken actions shattered a community," Donnelly said during a news conference after Friday’s arraignment. "The Maxwells were a cornerstone of leadership and faith. They spent their lives lifting up others through their ministry."

If convicted, Kutateladze could face up to 8 1/3 to 25 years in prison. Sturim ordered her to return to court on May 20.

Kutateladze told investigators who arrived at the scene of the horrific crash that she had been drinking whiskey, Nassau Assistant District Attorney James Taglienti told Sturim during the hearing. He said Kutateladze was driving a 2020 Cadillac Escalade westbound on the Southern State Parkway just after 10 p.m. when she sideswiped another vehicle near Exit 17S in Malverne.

The Escalade spun out and launched over a metal guardrail and onto the eastbound lanes, where it crashed head on into a 2016 Toyota Highlander. The driver of the Highlander, a 71-year-old member of the Maxwell’s church, suffered fractured ribs, a heart injury, a compound fracture of his hand and other serious injuries, according to Donnelly.

Donald Maxwell was sitting in the front seat, and Liscent Maxwell was in the back, Donnelly said. "They never stood a chance. They were killed instantly," she said.

Liscent Maxwell was decapitated in the crash and her husband’s body "was completely crushed," the district attorney said.

"The sheer power of this collision was catastrophic," Donnelly said. The passenger side of the Highlander was destroyed."

Kutateladze’s husband suffered broken bones, head trauma, a brain bleed and other critical injuries and had to be cut out of the car. He was taken to Mount Sinai South Nassau Hospital, where still remains. The husband was placed on a ventilator when he was brought to the hospital but has stabilized and will likely survive the The couple has four children, Donnelly said,

"Four young children, her husband's in the hospital, not capable of taking care of them," Donnelly said. "She's in jail." 

Motorists driving three other vehicles "with nowhere to go" slammed into one another, leaving the drivers with severe whiplash, back pain and a knee injury. The Southern State Parkway was closed for several hours, prosecutors said.

Kutateladze’s attorney, Taryn Schecter of the Legal Aid Society of Nassau County, declined to discuss the case with reporters after the arraignment. Tagliatenti raised questions about the defendant’s eligibility to receive free legal representation, and Sturim ordered her to retain her own attorney or provide him with documents proving financial need before she returns to court next month.

Donnelly said Kutateladze lied to officers at the scene of the crash, telling them she only had one drink "with a little bit of whiskey." She also told police that she had been alone — even as rescuers were trying to extricate her husband from the Escalade.

"I don’t believe anything that she said to the police was absolutely correct," Donnelly said.