A Wantagh man was allegedly driving drunk in January when he...

A Wantagh man was allegedly driving drunk in January when he struck and killed a pedestrian in the parking lot of the On Parade Diner in Woodbury, according to an indictment unsealed Tuesday.  Credit: Howard Schnapp

A Wantagh man was allegedly driving drunk in January when he struck and killed a pedestrian in the parking lot of a Woodbury diner, Nassau prosecutors said Tuesday as they unsealed an indictment against the motorist.

Willem Specht, 62, pleaded not guilty at his arraignment in Mineola on charges of aggravated vehicular homicide, first-and second-degree vehicular manslaughter, second-degree manslaughter, second-degree assault, aggravated driving while intoxicated and two counts of driving while intoxicated.

Nassau County Supreme Court Judge Robert McDonald set bail at $125,000 cash or $250,000 bond. If convicted, Specht faces up to 25 years in prison.

On the afternoon of Jan. 28, Joseph Devito, 61, of Wantagh, was standing on the sidewalk in front of the On Parade Diner in Woodbury, talking to a friend he had known since high school after finishing lunch at the restaurant, prosecutors said. Specht rapidly reversed his 2004 Infiniti G35 from a diner parking spot and struck Devito, while narrowly missing the second man, authorities said.

“Joseph Devito was saying goodbye to a lifelong friend outside a diner after having lunch together, when this defendant, who was allegedly drunk, rapidly reversed his vehicle into the 61-year-old man, and killed him,” said Nassau District Attorney Anne Donnelly in a statement. “The reckless actions allegedly committed by this defendant cost an innocent family-man his life.”

After hitting Devito, Specht continued in reverse, driving over a sidewalk, striking a ramp and a metal fence leading into the diner, and eventually hitting the exterior wall of the diner, prosecutors said.

Specht eventually stopped his car in a diner parking spot before exiting the vehicle and attempting to leave the scene, officials said. He was stopped by a witness and arrested shortly afterward by Nassau County police.

Devito suffered serious head injuries and died at Syosset Hospital.

Stephen LaMagna, Specht’s Garden City-based defense attorney, called the incident “a tragedy of immeasurable proportion. My client is deeply saddened and full of sorrow and praise for Mr. Devito and his entire family.”

Specht is due back in court on Sept. 7.

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