DA: Man dumped debris in embankment

A Uniondale man has been charged with felony criminal mischief after removing sand and soil from an embankment on the Southern State Parkway and replacing it with construction debris, Nassau County prosecutors said Friday.

Everal Chotan, 59, had employees of a construction company he owns remove the fill around a shoulder embankment on the parkway at North Brookside Avenue in Uniondale on Sept. 7, according to a news release from the Nassau County district attorney's office.

Acting on a tip, state Department of Conservation enforcement officers watched Chotan's employees fill a sandy ditch with 30 cubic yards of construction and demolition material from a dump truck, the release said.

Officers also found "several other large areas where sand and soil had been excavated and subsequently replaced with construction and demolition material, and then covered over," according to the release.

Overall, Chotan removed about 400 yards of clean fill that supported the foundation of the section of the parkway and replaced it with the construction material, the release said.

Chotan is charged with criminal mischief, a Class E felony, and misdemeanor unlawful disposal of solid waste. He pleaded not guilty during his arraignment Wednesday in Nassau District Court in Hempstead and was released without bail. Chotan, who is due back in court Dec. 15., faces up to 4 years in prison if convicted.

His lawyer, Camille Russell, of Hempstead, said he was shocked by his arrest and "vehemently denies the charges."

"When the case is over, what will be revealed is that he did not commit any crimes here at all," Russell said.

According to prosecutors, Chotan created a hazardous situation on the parkway "that will require more than $200,000 in repairs." Refilling the areas is "necessary to prevent possible flooding or destabilization of the parkway," the release said.

"This defendant was either too lazy or too cheap to safely dispose of hazardous materials, and because of that, the safety of countless motorists was compromised," Nassau County District Attorney Kathleen Rice said in a statement.

With Ann Givens