Marc Gann Quoted in the Long Island Press
Case Dropped for LIRR Rider Accused of Driving Train
A Nassau County court judge has dismissed the case against a Long Island Rail Road rider who authorities said had a rush-hour train’s controls turned over to him by an engineer.
William Kutsch had been charged with reckless endangerment, a misdemeanor. The judge threw out the case last month.
Prosecutors had accused the 46-year-old East Setauket man of endangering nearly 400 fellow passengers after Ronald Cabrera, a former LIRR engineer, was accused of allowing him to drive a train in July 2009 at speeds of up to 80 mph.
“I think there’s a feeling of vindication,” said Marc Gann, the Mineola-based attorney for Kutsch, who called the case against his client “trivial.”
A spokesman for the Nassau County District Attorney’s office said prosecutors may file a motion to reargue the case based on belief that a witness affidavit was separated from the file and was not considered by the court.