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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.”

Cabrera, 41, of Port Jefferson, was fired shortly after the incident. He pleaded guilty to official misconduct in October.

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.

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