Murder Charge for DWI Driver First in Suffolk under Spota

The brought against alleged drunk driver Michael Grasing by Suffolk County District Attorney Thomas Spota on Wednesday was the county's first in more than a decade in relation to a DWI.

Spota noted it was his decision to go ahead with the second degree murder charge against Grasing, the first time he had done so in 11 years serving the county.

The SCDA said it was Grasing's "indifference to human life" and blatant disregard for warnings given to him that evening that forced his hand to bring the charge. Newsday.com reported the county hasn't done so in more than 10 years.

A court document listing the charges against Grasing reads: "The defendant...under circumstances evincing a depraved indifference to human life, recklessly engaged in conduct which created a grave risk of death to another person and thereby caused the death of ."

Grasing is being charged for the death of Brittney Walsh, who died when his vehicle collided with her SUV flipping it several times on June 24.

Walsh, who Copiague High School only days before, passed away at the scene.

Bringing a murder charge against a drunk driver is not new to Long Island, however.

The Long Island Press reported Nassau County charged a man in 2005 for murder in his drunk driving case. Martin Heidgen was convicted of murder after driving the wrong way on the Meadowbrook State Parkway and killing a man and a little girl in a collision. Heidgen is serving 19 years in prison, and currently appealing his conviction.

If found guilty on the murder charge, then Grasing could serve 15 years to life in prison. His additional top charges, if found guilty, would add a minimum of 13 years on to the total.

His other charges include aggravated vehicular homicide, second degree manslaughter and reckless endangerment in the first degree. Grasing pled not guilty to all 11 charges.

Grasing - who has a short history of run-ins with police including a 1999 driving under the influence charge upstate and a 2000 charge of criminal possession of a forged instrument - was held on bail for $1,000,000 cash, $2,000,000 bond and the surrender of his passport.

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