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Newsday.com
Court papers: Fatal DWI suspect denied he was driving
November 17, 2008

BY ROCCO PARASCANDOLA

rocco.parascandola@newsday.com



The Plainview man accused of speeding through a red light and killing two women had more than twice the legal limit of alcohol in his blood, according to court papers.

Daryush Omar, 24, allegedly plowed his SUV into a livery cab in Astoria early Sunday morning, killing the driver, single mother Bessie Velasquez, 41, and her passenger, Panayiota Demetriou, 30, a child psychologist.

Omar of 35 Eldorado Blvd., is charged with vehicular manslaughter and has been ordered held without bail on Rikers Island. He had a blood-alcohol level of .17, court papers say. A level of .08 is considered intoxicated.

At the time of the crash, Omar already faced murder charges in a Chelsea slaying in 2006, but had been set free because prosecutors were still looking for witnesses to shore up the case. He was also twice in the custody of immigration officials - once before the Chelsea homicide and once after, but was released because the 180-day deadline to deport him had expired.

Omar, who works at a coffee supply company, could barely stand straight and was slurring his speech when police interviewed him at the accident scene moments after the 3:10 a.m. double fatality, court papers say.

At first, according to the court papers, he told police he wasn't driving, then later admitted he was behind the wheel of his 2004 Range Rover and was heading home after having two drinks.

And he blamed Velasquez, telling police the livery driver passed through a yellow light, causing the accident, the papers say.

"I swerved right and the accident occurred so quickly," he said, according to court papers. "My airbag went off and the police came."

Police and the Queens district attorney's office give a much different picture.

They say the suspect was going at least 45 miles an hour - 15 miles above the speed limit - when he blew a steady red light at 34th Street and 31st Avenue.

"When a person drives under the influence of alcohol, a vehicle ceases being a means of transportation, and instead becomes a deadly weapon capable of inflicting great bodily harm, not just to the driver but to all innocent lives that cross his path," District Attorney Richard Brown said in a statement.

Also charged in the case was Evangelos Fotiou, 42, who came by the accident scene and stole money - less than $30 - that belonged to one of the victims and had fallen loose on the ground. Fotiou pleaded guilty to disorderly conduct and was sentenced to five days' community service.

Omar and two others were charged two years ago with murder after police said they beat and robbed Thomas Whitney, 24, a banker, at Chelsea's Spy Club. But the case has stalled because investigators have not been able to locate witnesses needed to bring the case to trial, law enforcement sources say.

Thomas Whitney Sr., 54, says federal authorities are to blame. He says immigration officials had Omar in custody, then released him.

"I'm really outraged at immigration. This person was released by them before he murdered my son.

"He should have never been on the streets."

Immigration and Customs Enforcement said Omar was released on an order of supervision in April based on a 2001 Supreme Court ruling that limits to 180 days the time an immigrant can be held while attempts are made to deport him.

Daniel Edward Rosen contributed to this story.

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