David Mascarella returned to the Suffolk County Police Department in New York on Thursday following an 18-month unpaid suspension for driving drunk and crashing into a car carrying two children, one of whom was permanently injured.
In August 2020, Mascarella spent his day off golfing and lunching during which he claimed he drank up to three 12-ounce vodka soda cocktails, Newsday reported after an extensive investigation.
That day, the off-duty police officer drove his pickup truck 20 mph over the speed limit while texting and rear-ended a compact vehicle driven by Kevin Cavooris. Cavooris's two young sons were passengers in his car.
Cavooris was treated for a broken nose and his 2-year-old son, Riordan, was placed in a medical coma to repair multiple skull fractures, Newsday reported. Two years on, Riordan still needs leg braces, cannot run or jump and suffers from lasting neurological injuries
When the crash occurred, instead of calling 911, Mascarella called his union delegate. At the scene, a detective said he wanted to administer a breathalyzer test but the responding sergeant contacted a Suffolk County Police Benevolent Association delegate who drove Mascarella away before the test was given, according to Newsday.
Another officer then lied to a supervisor about Mascarella passing a breathalyzer test. He later retracted his report.
Hours after the crash, the deputy inspector arrived to take a breath test, which Mascarella refused. At this point, police should have obtained a warrant to test his blood for alcohol, but the deputy inspector gave him a ticket instead.
Since there was no proof Mascarella was drunk at the time of the crash, the Suffolk County District Attorney's Office could not pursue vehicular assault charges against the cop.
Suffolk police officer David Mascarella told Internal Affairs he had two or three 12-ounce vodka sodas while off-duty at lunch and golfing in 2020.
— Newsday (@Newsday) December 19, 2024
Evidence showed his pickup truck going as fast as 61 mph — in a 40 mph zone — seconds before it slammed into another car waiting to… pic.twitter.com/iPueKeT8Jv
Although the police department tried to fire him for "egregious" misconduct, adding that he showed "no remorse," an outside arbitrator found "insufficient evidence to justify termination," according to Newsday.
Mascarella is now back on the force, working a desk job for $175,000 a year. He will also be eligible for pension.
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