A Patchogue man admitted in court Tuesday that he ran over and killed an intoxicated man who was lying in the road, then left the scene.
Abdelghani Dakyouk, 49, pleaded guilty to leaving the scene of a fatal accident that resulted in the death of Arcein Tenache Tocay, 37, of Medford. Because of the unusual circumstances of the death, Suffolk prosecutors and state Supreme Court Justice Fernando Camacho allowed Dakyouk to plead guilty in return for a sentence of 5 years' probation.
"The deceased in this case was highly intoxicated and laying in the roadway," Camacho said. Dakyouk was on his way to work and although he didn't stay at the scene, there was no sign he was intoxicated.
On the other hand, defense attorney Joseph Ferrante of Hauppauge said the victim's blood-alcohol content was more than .30 percent. He said his client didn't recognize it was a man lying on the dark and rainy road early on March 14. The man had come from a nearby bar in Coram on Route 112, near Middle Country Road, before apparently passing out in the street, Ferrante said.
Still, Dakyouk was legally obligated to stay at the scene, and he initially tried to return to his native Morocco before he was arrested, said Assistant District Attorney Raymond Varuolo.
The maximum sentence for the crime is 2 1/3 to 7 years in prison.