Prosecutor: Landscaper had vodka bottle in truck

The landscaper suspected of causing a fatal crash as he drag-raced drunk down Jericho Turnpike in Syosset had a nearly empty bottle of vodka in his landscaping truck, a prosecutor said Tuesday at the driver's arraignment.

According to court records, the truck driver, Everardo Nieto, 32, of Clay Avenue in the Bronx, had initially been "elusive when questioned by investigators" but later talked to cops "at length" and admitted being the driver.

Nieto, who was ordered jailed on $500,000 bond or $250,000 cash bail at his arraignment, blew 0.08 percent blood-alcohol content on a portable breath test after the Sunday afternoon crash, the prosecutor said.

The crash killed Myron Jacobs, 86, of Jericho, a passenger in another car, and injured his wife, Lucille Jacobs, 84, who was driving, said the prosecutor, Assistant District Attorney Katherine Breazier.

A person is considered to be legally driving drunk at 0.08 percent or higher.

Readings from the portable device are not admissible as evidence at trial, and test results of blood drawn from Nieto, which would be admissible, were pending Tuesday.

"After work I was drinking with my friends," Nieto told cops hours after the crash, according to court records.

Charges against Nieto include misdemeanor driving while intoxicated and several felonies, including aggravated vehicular assault, assault, vehicular assault, manslaughter and aggravated vehicular homicide.

Nieto allegedly crossed into oncoming traffic during the race, when he collided with the 2010 blue Mercedes-Benz sedan driven by Lucille Jacobs.

She remained at Nassau University Medical Center in critical condition Tuesday, a hospital spokeswoman said.

Nieto's passenger, Angel Lizama, 63, sustained life-threatening injuries including internal bleeding and fractures. An update on his condition was not immediately available.

Investigators are seeking the driver of a vehicle said to be drag racing Nieto, said Nassau police spokesman Det. Vincent Garcia.

At Nieto's arraignment at First District Court in Hempstead, his Legal Aid attorney said Nieto is married with two children, 11 and 2.

Judge Terence P. Murphy also suspended Nieto's driver's license. Records show Nieto was fined $300 and his driver's license suspended for 90 days after pleading guilty to driving under the influence of alcohol following a 2009 arrest in Queens.

At the arraignment, Nieto's sister and other family members wouldn't speak with reporters.

Nieto, who was driving a Ford dump truck owned by Innovative Design Landscaping Co. of Syosset, is due back in court Thursday.

Officials with the landscaping company were not available for comment Tuesday.