DA Spota - New Indictments For Datre Family

Suffolk District Attorney Thomas Spota today announced the indictment and arraignment of a company president and her two adult children for a pair of separate criminal schemes; the overbilling of Islip town for Superstorm Sandy cleanup, and the submission of false payroll records to hide the firm’s non-compliance with state wage laws.

Clara DatreClara Datre, 66, of Hauppauge, the President of the indicted company, Daytree at Cortland Square, her son Thomas Datre Jr., 41, of St. James, and her daughter Gia Gatien, 37, of Hauppauge, pleaded not guilty at their arraignment Tuesday beforeGia Gatien, State Supreme Court Justice Fernando Camacho.  The top charge all of the defendants face in the 492-count indictment is grand larceny in the second degree, a class C felony punishable by five to 15 years in prison.

District Attorney Spota said the company’s inflated billing resulted in a $148,000 overpayment by taxpayers for the Datre company’s Superstorm Sandy tree removal and other work in 2012.

“In reality, it’s a theft of government funds, pure and simple,” Spota said.

“The defendants billed Islip $208,295 for their labor costs – that’s how much Datre claimed they paid their 20 workers during the storm emergency,” Spota said.  “However company payroll records show the actual wages they paid their laborers during the storm cleanup in Islip was $85,000, not $208,000.”     

Thomas Datre JrThe 447 other charges in the indictment allege repeated violations of New York’s prevailing wage law that requires contractors working on public works projects to pay wages equal to the salaries paid on similar projects in the region.  According to the indictment handed up by a special grand jury empaneled by District Attorney Spota in September, Daytree at Cortland Square Inc. submitted 222 falsified payroll reports to Islip town. 

DA Spota said the evidence is on paper.

“The payroll records were signed by defendant Clara Datre and certified as true by Clara Datre, the president of the company.  Each filing certifies her company paid employees the prevailing wage,” DA Spota said.  “In fact, the evidence reveals the truth.  Records show the workers were underpaid by approximately $139,000.”

Following their not guilty pleas, Justice Camacho released the defendants on their own recognizance.

Thomas Datre Jr., the owner of the Datre trucking companies, was formally charged yesterday with 29 crimes detailed in a separate indictment alleging he was the mastermind of a scheme to dump in Suffolk County construction and demolition debris from New York City.  During the eight-month investigation Suffolk DA investigators found evidence indicating nearly 2,000 truckloads of brick, concrete, rebar, glass, metal, and wood were dumped at four locations, including a soccer field under renovation in a town park in

Brentwood.  Tests of the debris showed varying levels of hazardous and acutely hazardous waste present in the debris, specifically pesticides and metals at levels beyond permissible limits. 

Describing the crimes as “an environmental catastrophe now, and for years to come”, Spota said at a news conference December 8 that several criminal charges cite the presence in the debris of Cobalt, a metal classified as an acutely hazardous substance, and of Dieldrin, an acutely hazardous insecticide that is no longer manufactured in the US because of its harmful effect on humans, fish and wildlife.

DA Spota - St. James Man Indicted And Arrested Along With Father And Four Others As 32-Count Indictment Unsealed

Thomas Datre Sr.Thomas Datre Jr.Joseph Montuori 32-count Indictment unsealed, six arrested in illegal dumping of construction debris

(click on photos to enlarge)

Suffolk County District Attorney Thomas Spota today announced the arrests and indictment of six people, including two former Islip town parks employees and a Suffolk trucking contractor and his son, for their roles in the illegal dumping of toxic New York City construction and demolition debris at four locations in western Suffolk. 

Christopher Grabe Ronald J. CianciulliBrett RobinsonThe crimes outlined in the 32-count indictment “paint a portrait of greed, and the abuse of power that has left the residents of Islip with an environmental catastrophe,” said DA Spota.

For over eight months, investigators and prosecutors in the Economic Crime and Government Corruption Bureaus investigated what the district attorney called “brazen environmental crimes.”

Spota described defendant, and former Islip Parks Commissioner, Joseph Montouri Jr., “as almost wistful” when he told detectives  “We wouldn’t be here right now” had the bricks, broken glass, rebar and concrete rubble dumped at Clemente Park been covered with dirt and hidden from sight under topsoil and grass. 

Montouri, 61, of East Islip, resigned from his town job last May. ‘It is clear Montouri outright lied to the DEC when he responded to reports of large piles of construction debris in the town’s Clemente Park in Brentwood,” DA Spota said.  “Montouri simply replied there was “no problem” in the park.”

During the eight-month investigation, dangerous toxins, including Colbalt, Dieldrin and Asbestos, were found in the dumped material at Roberto Clemente Town Park in Brentwood, at a site at the corner of Route 111 and Sage Street in Central Islip, in a state-protected wetlands area on the Islip-Babylon town border at 175 Brook Avenue in Deer Park, and in material dumped as fill to elevate a berm at an affordable housing development for military veterans in Islandia.

In the 32 count-indictment, Montouri, and his former parks colleague, Brett A. Robinson, 30, are each charged with 12 crimes related to the dumping at Clemente Town Park, including conspiracy, two counts of official misconduct, three charges of reckless release of an acutely hazardous substance into the environment (for the dumping of material containing Cobalt on the soccer field and recharge basin, and Dieldrin, a banned pesticide on the soccer field), two counts of endangering in the third degree for the reckless release of more than 2,000 pounds of a hazardous substance at Clemente, endangering in the fourth degree for the reckless release of a hazardous substance (for Asbestos dumped onto the soccer field and the recharge basin), and one count of operating an illegal solid waste management facility that causes the release of more than 70 cubic yards of solid waste into the environment (specifically onto the soccer field and recharge basin).

Montouri, Robinson and the four other defendants; Thomas Datre Sr. and his son, Thomas Datre Jr., Christopher Grabe, of Islandia Recycling; and Ronald Cianculli of Atlas Asphalt, pleaded not guilty this morning at their arraignments before State Supreme Court Justice Fernando Camacho.  The defendants were released on their own recognizance.

Thomas Datre Jr. faces 29 charges including five counts criminal mischief in the second degree, the top charge in the indictment.  Criminal mischief in the second degree is a class “D” felony punishable by a maximum of two and one-third to seven years imprisonment (see the pedigree information below for specific information about the defendants and the charges alleged in the indictment).

The counts against Datre Jr, 41, of St. James, allege involvement in the illegal dumping at all four locations.

Thomas Datre Sr., 68, is charged with five crimes, each occurring, according to the indictment, at the Islandia affordable housing development for military veterans.  The charges are criminal mischief in the second degree, two counts of endangering in the third degree for the reckless release of an acutely hazardous substance into the environment, one count of endangering 3rd degree for the  reckless release of more than 2,000 pounds of a hazardous substance, and one charge of operating an illegal solid waste management facility. 

Christopher Grabe is charged with 17 crimes alleged to have been committed at two sites; Roberto Clemente Town Park and Islip Avenue in Central Islip.

Four Datre family businesses are charged. 5 Brothers Farming Corp. and Daytree at Cortland Square Inc. are charged with 28 counts involving crimes at all four dumpsites, Datre Family Farms Inc. is charged with 11 crimes committed at Clemente Park, and DFF Farms Corp. is charged with criminal mischief in the second degree and five other charges, all crimes committed at the dumpsite at the corner of Route 111 and Sage Street, referred to formally in the indictment as 1625 Islip Avenue in Central Islip. The criminal and environmental law charges against the Datre businesses are punishable upon conviction by substantial fines.

District Attorney Thomas Spota began the probe in April of this year when investigators, informed of a possible dumpsite by DEC police, discovered contaminated fill at the soccer field and a recharge basin at Clemente Park in Brentwood. The investigation soon widened to include three other locations where contaminated debris was found; a vacant lot at the corner of Sage Street and Islip Avenue in Central Islip, the six-home development for veterans in Islandia, and the lot adjacent to state-protected wetlands on Brook Avenue in Deer Park.

“Each one of these defendants saw an opportunity to make money and ignore the consequences of endangering the health of thousands of people,” DA Spota said.

“They took truckloads contaminated demolition and construction debris from NYC and they dumped it here, in their own county, in places where they thought they’d never get caught.  By not going to a landfill or registered waste facility,’ DA Spota said, “they avoided paying dumping costs - and the net gain was pure profit.”

A criminal charge is an accusation.  A defendant is presumed innocent until proven guilty.

DEFENDANTS ARRAIGNED MONDAY, 12/8/14

Thomas Datre, Jr. (DOB: 3/9/1973)

St. James, NY

Criminal Mischief 2^nd – 5 counts

Endangering Public Health, Safety, or the Environment 3^rd – 14 counts

Endangering Public Health, Safety, or the Environment 4^th – 4 counts

Operating a Solid Waste Management Facility w/o a Permit – 5 counts

Freshwater Wetlands Violation – 1 count

Defense Attorney: Kevin Kearon

Thomas Datre, Sr. (DOB: 6/19/1946)

Hauppauge, NY

Criminal Mischief 2^nd – 1 count

Endangering Public Health, Safety, or the Environment 3rd – 3 counts

Operating a Solid Waste Management Facility w/o a Permit – 1 count

Defense Attorney: Kevin Kearon

Christopher Grabe (DOB: 9/18/1977)

Coram, NY

Criminal Mischief 2^nd – 3 counts

Endangering Public Health, Safety, or the Environment 3rd – 8 counts

Endangering Public Health, Safety, or the Environment 4th – 3 counts

Operating a Solid Waste Management Facility w/o a Permit – 3 counts

Defense Attorney: Matthew Tuohy

Ronald J. Cianciulli (DOB: 10/7/1966)

Brightwaters, NY

Criminal Mischief 2^nd – 1 count

Endangering Public Health, Safety, or the Environment 3rd – 3 counts

Endangering Public Health, Safety, or the Environment 4th – 1 count

Operating a Solid Waste Management Facility w/o a Permit – 1 count

Freshwater Wetlands Violation – 1 count

Defense Attorney: John Carman

Joseph Montuori (DOB: 3/17/1953)

East Islip, NY

Endangering Public Health, Safety, or the Environment 3rd- 5 counts

Endangering Public Health, Safety, or the Environment 4th – 2 counts

Operating a Solid Waste Management Facility w/o a Permit – 2 counts

Official Misconduct – 2 counts

Conspiracy 6th – 1 count

Defense Attorney: John Halverson

Brett Robinson (DOB: 7/4/1984)

Lindenhurst, NY

Endangering Public Health, Safety, or the Environment 3rd – 5 counts

Endangering Public Health, Safety, or the Environment 4th – 2 counts

Operating a Solid Waste Management Facility w/o a Permit – 2 counts

Official Misconduct – 2 counts

Conspiracy 6^th – 1 count

Defense Attorney: Patrick O’Connell

5 Brothers Farming Corporation

Ronkonkoma, NY

Criminal Mischief 2^nd - 5 counts

Endangering Public Health, Safety, or the Environment 3rd – 14 counts

Endangering Public Health, Safety, or the Environment 4th – 4 counts

Operating a Solid Waste Management Facility w/o a Permit – 5 counts

Defense Attorney: Kevin Kearon

Daytree at Cortland Square, Inc.

Ronkonkoma, NY

Criminal Mischief 2^nd - 5 counts

Endangering Public Health, Safety, or the Environment 3rd – 14 counts

Endangering Public Health, Safety, or the Environment 4th – 4 counts

Operating a Solid Waste Management Facility w/o a Permit –5 counts

Defense Attorney: Kevin Kearon

Datre Family Farms, Inc.

Ronkonkoma, NY

Criminal Mischief 2^nd – 2 counts

Endangering Public Health, Safety, or the Environment 3rd – 5 counts

Endangering Public Health, Safety, or the Environment 4th – 2 counts

Operating a Solid Waste Management Facility w/o a Permit – 2 counts

Defense Attorney: Kevin Kearon

DFF Farms Corporation

Ronkonkoma, NY

Criminal Mischief 2^nd – 1 count

Endangering Public Health, Safety, or the Environment 3rd – 3 counts

Endangering Public Health, Safety, or the Environment 4th – 1 count

Operating a Solid Waste Management Facility w/o a Permit – 1 count

Defense Attorney: Kevin Kearon

No Speed Cameras For Suffolk County

No speed cameras for Suffolk County.  The worst best-kept-secret may be that Suffolk County will not be getting speed cameras.  Apparently, the debacle in Nassau County has Suffolk County’s elected officials rethinking its speed cameras for safety plan.  Speed cameras were scheduled to be installed and become operational in 2015.   It is expected that County Executive Bellone will be announcing later today* that he is scrapping the extremely controversial speed camera plan. The camera program was seen by many as a revenue generator that had nothing to do with safety at schools. Nassau County has generated over $12 million (fines and administrative fees) in revenue in the three months their program has been operational. 

In April of 2014 the Suffolk County Legislature voted 14-3 with Legislator Browning abstaining in favor of a speed camera program for school zones throughout Suffolk County. The proposal would sanction those caught on camera driving ten miles over a school zone speed limit. 

There are sixty-nine school districts in Suffolk County and a portable camera was to be assigned to each school district. The cameras were to be operational one half-hour before, during and after school events.The cameras were to be rotated at various schools throughout each district.

Legislators Trotta (13th LD.), Kennedy (12th LD) and Cilmi (10th LD) opposed the speed camera proposal in April and have scheduled a press conference for Tuesday morning. Legislator Trotta issued the following statement to Smithtown Matters:

 “As I have said from the start and when I voted against this legislation, speed zone cameras are nothing more than a money grab. When the County Executive gets caught with his hands in the taxpayer’s pocket, there is little choice but to pull the plug. This is no different from the overwhelmingly majority of red light tickets, which is simply taxation by citation,” said Suffolk Legislator Robert Trotta.

* County Executive Bellone at a 2pm press conference announced his decision to scrap the speed camera program. His statement is attached.

Update on Monday, December 8, 2014 at 4:08PM by .

“Today I announced my decision that Suffolk County will not implement speed cameras. This comes after a year of research and analysis of programs throughout the nation.

We will be working with our legislative partners led by Legislator Sarah Anker, the Suffolk County Department of Public Works, the Suffolk County Police Departmentand teachers and parents groups to find better ways to improve school safety.” — with Jay Schneiderman,Legislator Thomas Muratore, Legislator Thomas Barraga, Legislator Kate Browning, Legislator Al Krupski, Legislator Steve Stern, Suffolk County Legislator Bill Lindsay III and Sarah Anker for County Legislator.

Jan. 1, 2015 Smithtown's New Recycling Program Begins See What Will And Will Not Be Accepted

January 1, 2015 Smithtown residents will be changing to a single-stream recycling program. Residents will continue to place their recycle bin by the curb once a week. The new program eliminates the need to separate paper from glass. Recyclables can be combined in the same container.  More materials will be collected. The following letter identifies what can be recycled and what will not be collected. Click here for Town Message

Hauppauge HS Senior Daniel S. Smith Wins Smithtown's VFW 2014 Voice Of Democracy Competition

2014 VFW Voice of Democracy Essay Competition 

The VFW National Voice of Democracy competition provides high school freshmen, sophomores, juniors and seniors the opportunity to write and record a 3-5 minute broadcast script on a patriotic theme, competing for more than $2.3 million in college scholarships and incentives. State winners receive an all-expenses-paid trip to Washington, D.C. to enjoy our nation’s capital and compete for $152,000 in scholarships—first place receiving a $30,000 scholarship.

Dan Smith First Place winner In 2014 VFW Voice Of Democracy CompetitionSmithtown VFW Post 10870 sponsors the competition locally every year and has now expanded the program to include Smithtown HS East, Smithtown HS West, and Hauppauge HS. The Post awards scholarships to winners of the competition, as judged by the Post Voice of Democracy committee, and presents Certificates of Achievement to all winners and finalists.

The theme for this year’s essay was “Why Veterans are Important to our Nation’s History and Future”. This year’s 1^st place winner is Daniel S. Smith, Hauppague High School with an overall high score  of 668 out of a possible 700…. Daniel’s essay will advance in the National competition to VFW County level judging.  Matthew J. Stewart and Ryan L. Scheinberg, both from Smithtown HS West,  won second and third place respectively. 

Daniel Smith’s winning essay:

“VOICES OF DEMOCRACY” 2014

Daniel S. Smith

They are the strongest of strong, yet the humblest of humble. They are revered as heroes, yet they view themselves as being no more noble than their fellow citizens. They are our veterans; a class in itself.

Veterans have always played a key role in the way that I perceive our government and culture. I had been introduced to these extra-ordinary heroes the same way that many other youth had; through the colorful images and posters that were showcased with pride on our classroom walls. Displayed here were the service men and women who put their all on the line, so that I might have the opportunity to give my all in life.

Through adolescence, I grew to see why they were so unique and different. They weren’t two dimensional or fictional…they were real life heroes, who I could aspire to be in strength and character.

Now, as I prepare to enter my young adult life, I often reflect on just how fortunate I am to live in the greatest nation on Earth. To think that cohorts of brave men and women before me have fought for the rights and liberties that I enjoy today. To think that individuals have laid their own lives down, just so that we could have a chance to herald in the next day. To think…that we are a nation that has been built on the selflessness, generosity, and kindness of others.

As wonderful as it may sound in concept though, Sometimes you really just have to stop and ponder how someone could be so selfless, to put their own life at stake so that you may have the opportunity to excel in your own. There is so much that can be accomplished in a life well spent. So may experiences to savor, and relationships to grow from, all of the things that define the human experience.

Why are Veterans important to our nation’s history and future? Because a veteran gives us the single greatest gift that anyone can receive. They may not give us the gift of life, but they give us the gift of a life that can have potential to flourish. They are our beacon and our hope, as we continue to struggle in these ever changing times to maintain the right to life, liberty, and the pursuit of happiness.

I owe everything I know and love to the generations of individuals who have made it accessible to me. You the veterans of our nation are the sealant that seals our credo to bring peace and justice to a world in need. Thank you for giving it your all. Thank you for defining who we are. And most importantly, Thank you for the opportunities