No charges for passenger in LIRR ride
LIRR engineer Ronald Cabrera was arrested on charges of letting a passenger drive a LIRR train. He later accepted a plea deal, which stated only that he allowed an unauthorized person into the train's control cab. (Aug. 5, 2009) Credit: Newsday / Karen Wiles Stabile
A Nassau judge has dismissed criminal charges against an East Setauket commuter accused of illegally operating a rush-hour LIRR train with the engineer's permission.
William Kutsch, 49, faced misdemeanor reckless endangerment and official misconduct charges for the July 2, 2009, incident.
Prosecutors said former Long Island Rail Road engineer Ronald Cabrera allowed Kutsch, a court stenographer and regular commuter, to operate a crowded morning train from Hicksville to the Hunterspoint Avenue station in Queens -- a distance of more than 20 miles.
The train, which was carrying about 400 people, reached speeds of 80 mph. Cabrera last year pleaded guilty to official misconduct for allowing Kutsch into the engineer's cab. He did not admit allowing Kutsch to operate the train.
The LIRR fired Cabrera in 2009, citing his "failure to protect passengers, the public, his fellow employees and himself." He is appealing his termination with labor arbitrators.
Nassau District Court Judge Margaret Reilly, in a Feb. 28 decision, dismissed charges against Kutsch due to lack of evidence.
Kutsch's attorney, Marc Gann, of Mineola, said his client was "thrilled and feels vindicated." Witnesses placed Kutsch in the engineer's cab, Gann said, but none could testify that he was controlling the train.
A district attorney spokeswoman said prosecutors will ask Reilly to look at the case again, saying she may not have considered a "key document," an affidavit from a witness.
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