'High likelihood' of homicide charges against Thomas Lobianco in crash that killed construction worker

A Lake Ronkonkoma man pleaded not guilty Tuesday to driving while under the influence of drugs Monday morning when he crashed into a Nesconset construction crew, killing a worker, and prosecutors said upgraded charges are likely.

Thomas Lobianco, 26, appeared in First District Court in Central Islip wearing a green 7-Eleven shirt. He pleaded not guilty to a single misdemeanor charge of driving while ability impaired by drugs.

Suffolk District Judge Steven Weissbard set bail at $200,000 cash or $400,000 bond and ordered Lobianco's driver's license suspended.

Suffolk Assistant District Attorney Ray Varuolo said there is a "high likelihood of upgraded homicide charges" in the case and had asked for $1 million bail.

Police said Lobianco had just finished an overnight shift at 7-Eleven and was seen sitting in his 1999 Toyota Camry for 20 minutes.

He left the convenience store and drove about 1 mile and crashed into a construction crew preparing to pave the road at Townline and Terry roads at about 6:40 a.m., prosecutors said.

The crash killed Joel Sicon-Porix, 38, a Mastic father of three, and seriously injured Kevin Chavez-Sarmiento, 30, of Bay Shore, and Jose Gonzalez-Colindres, 33, of Brentwood.

They were taken to Stony Brook University Hospital where Sicon-Porix died. Gonzalez-Colindres underwent surgery for a broken leg with pins and needles inserted, and Chavez-Sarmiento's leg may need to amputated, prosecutors said.

Witnesses saw Lobianco's car stopped in an intersection at a green light but drove forward after another driver honked their horn.

The car was seen "drifting all over the road" and sped through a steady red light into the opposite westbound lanes without braking, Varuolo said in court.

Several witnesses saw Lobianco looking down at his phone before the crash, Varuolo said.

Prosecutors said Lobianco drove through a red light, off the road and onto the sidewalk, where his car hit the three workers, a utility pole and a fence.

When police interviewed him, prosecutors said Lobianco had last smoked marijuana "around 8 p.m." Sunday, according to a criminal complaint.

Police said he appeared at the crash site with bloodshot eyes, was speaking slowly and unsteady on his feet "and swayed as he stood," according to the complaint.

He failed a roadside sobriety test, including failing to touch his nose several times "by a wide margin," Varuolo said.

Surveillance footage from his shift at 7-Eleven before the crash showed him swaying and losing his balance, including up to an hour before the crash, Varuolo said.

Police said he showed signs of marijuana or other drugs, according to court records. He also tested positive for cannabis during an oral roadside drug test, prosecutors said.

Lobianco was arrested and agreed to a police blood test two hours later, with results pending.

Lobianco's attorney, Robert Macedonio, said the case needs further investigation including drug test results.

"First and foremost, our thoughts are with the victims and their families. This is a tragic accident," Macedonio said. "There's much investigation to be done, much forensic evaluation to be done on the tests that were taken, how the accident happened, and what kind of criminal liability Mr. Lobianco has. He maintains his innocence, and we plan on vigorously defending him."

The crew was preparing to start a Suffolk County-contracted construction project for East Moriches-based Rosemar Construction.

In a statement, Laborers' Union 1298 said they would help the workers and their families. Sicon-Porix was a 12-year member of Local 1298.

Chavez-Sarmiento has been a member of the union for two years and Gonzalez-Colindres has been a 12-year member.

"Yesterday morning, three of our brothers went to work to pave a road in Nesconset. One of them didn’t come home," the union's business manager, George Truicko, said in a statement Tuesday. "These men were doing what Laborers do every day: building and maintaining the roads every Long Islander depends on. But mourning is not enough. Work zone crashes keep taking our members’ lives, and it has to stop. We are calling on our elected officials to strengthen work zone protections and enforcement — with real consequences for drivers who put crews at risk. No one should die paving a road."

By John Asbury

john.asbury@newsday.comJohnAsbury

John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.