No sobriety test for driver in fatal Ronkonkoma crash

A driver in a collision that killed two teens was not given a sobriety test, despite being seen running a red light and having a revoked license and a history of drug arrests, because he didn't appear high or drunk, Suffolk police said.

David Heise, 28, who was charged with a misdemeanor and released on bail days after the April crash in Ronkonkoma, was again arrested this week after being found with bags of heroin in his underwear, officials said.

Suffolk police Det. Lt. Edward Reilly of the Fifth Squad said witnesses reported Heise's pickup went through a red light and crashed into a car. Eugene Franjola, 17, of Oakdale and his schoolmate at Connetquot High School, Stephen Massina, 16, of Sayville died from their injuries.

An accident report states that Heise "passed a steady red stop light" before crashing into the car. Heise was uninjured.

"Heise was not by our stringent observations impaired at the time of the crash," Reilly said. "We had probable cause that he ran a red light, we had probable cause he had no license, and we had probable cause he caused the accident, but causing an accident is not in itself a crime."

Detectives at the scene were aware of Heise's history of drug arrests, Reilly said, but said prior arrests cannot legally be the basis for a field sobriety test. State law does allow officers to give a field sobriety test to anyone involved in a crash. However, officers only do so when a driver shows evidence of alcohol or drug impairment, such as slurred speech or unsteady gait, Reilly said.

Heise, of Selden, has been convicted at least four times for drug possession since 2004. He was charged with aggravated unlicensed operation for having a revoked license. The misdemeanor carries a maximum sentence of 30 days.

"Police officers are not God and it shouldn't be up to them to decide if someone is high on drugs or alcohol," said Eugene Franjola's mother, Barbara. "This guy had no license and no right to be on the road. It's unbelievable he wasn't tested."

A Suffolk district attorney's office spokesman said it is awaiting a crash investigation report before deciding if further charges are warranted.

"It's not normally the procedure [to do sobriety tests], but would I like to see it done every time someone is injured or killed?" said Marge Lee, president of DEDICATEDD, a Long Island anti-drunken driving group. "Absolutely, and the way to make that happen is to pass legislation."

On Monday, Heise was a passenger in a car when it was pulled over by members of the a Suffolk heroin task force. A hundred doses of heroin were found in his underwear, as well as a hypodermic needle and 53 pills, believed to be tranquilizers, officials said. He was charged with felony possession of narcotics and remains in jail on $100,000 bail. Calls to his attorney were not returned Thursday or Friday. Heise pleaded not guilty at arraignments following both arrests.