Man who caused fatal crash may face longer sentence

A Riverhead man could spend the rest of his life in prison for causing a 2008 auto crash that killed a Manorville furniture salesman, a Suffolk prosecutor said Thursday.

John Licausi Jr., 50, who had faced a maximum sentence Thursday of 12 1/2 to 25 years in prison for the death of Scott Foster, 46, will appear at a hearing next month in Suffolk County Court to determine whether his previous felony convictions make him eligible for a longer prison sentence, Assistant District Attorney Laura Newcomb said.

If Suffolk County Judge James Hudson classifies Licausi as a persistent felony offender, Hudson could sentence Licausi to up to life in prison, Newcomb said.

The move by prosecutors came on the day Licausi was to be sentenced for smashing his sport utility vehicle into Foster's 1995 Toyota Camry in May 2008 in Farmingville. Prosecutors said Licausi had used cocaine before getting into the SUV and was fleeing police who wanted to question him about his alleged theft of lawn equipment.

Licausi was convicted last month of aggravated vehicular homicide, second-degree manslaughter, driving while impaired by drugs and other charges in connection with Foster's death.

Licausi's attorney, Mike Breen of Sayville, said he was surprised when prosecutors asked Hudson for next month's hearing. He said he could not comment on whether Licausi should be deemed a persistent felony offender. "We'll have to investigate it," he said.

Foster's family was not in court Thursday when Hudson scheduled the hearing for Aug. 18.

On Tuesday, Licausi's sentencing was postponed when the county Probation Department failed to deliver a pre-sentence report. Probation officials blamed the mix-up on a scheduling error.

Newcomb said Licausi has served prison time for four felonies: two burglaries, forgery and criminal possession of stolen property.

To qualify as a persistent felony offender, a defendant must have at least two separate prior felony convictions and served separate prison terms for each, Newcomb said.

Charges are pending against Licausi for the alleged lawn equipment theft, which prompted the chase that ended in Foster's death, Newcomb said.