Thomas Lobianco, of Lake Ronkonkoma, faces upgraded charges in crash that killed road worker in Nesconset

A Suffolk grand jury has indicted a Lake Ronkonkoma man on 19 counts of upgraded charges in a crash that killed a road worker last month in Nesconset.

Thomas Lobianco, 26, pleaded not guilty Wednesday to charges including felony aggravated vehicular homicide and misdemeanor driving while ability impaired by drugs, including marijuana and clonazepam. Prosecutors said he drove across traffic on Townline Road at 6:43 a.m. on Aug. 10 into a construction site, killing Joel Sicon-Porix, a 38-year-old Mastic father of three. Two other workers were seriously injured and had to undergo surgery after their legs were crushed in the crash. 

Lobianco was initially charged with driving while ability impaired by drugs but now faces nine felony counts including aggravated vehicular homicide, aggravated vehicular assault, manslaughter, vehicular manslaughter, three counts of vehicular assault and two counts of assault.

"We have this terrible tragedy in which one hardworking man lost his life, and another two hardworking individuals were seriously injured, and it's all preventable," Suffolk County District Attorney Ray Tierney said after the arraignment Wednesday. "It was all preventable. It was caused by, as is alleged in the indictment, one person's decision to get behind the wheel of a car after taking a cocktail of substances, which greatly impaired his ability to operate that motor vehicle."

Lobianco stood handcuffed, wearing a suit in court, while his attorney, Robert Macedonio, entered a not guilty plea to all charges.

Lobianco's father and family members of Porix sat in the courtroom, including Porix’s wife, who wiped tears from her eyes.

Prosecutors said Lobianco had stopped in the middle of an intersection at a green light when a car behind him honked, and then wove through traffic and sped through a red light near Terry Road.

"As he drove through a steady red light at a high rate of speed, he crossed over the double yellow line into westbound lanes of traffic, and then drove over and onto the sidewalk on the opposite side of the roadway without braking," Assistant District Attorney Ray Varuolo said in court.

Lobianco's car struck the three construction workers, who were contracted by Suffolk County for a paving project and were wearing reflective vests before the crash. Prosecutors said Lobianco continued to drive over the sidewalk and struck a traffic pole and a fence, before coming to a stop against a tree. 

He was arrested after he failed a roadside sobriety test and tested positive for cannabis during an oral roadside drug test. 

A toxicology report showed Lobianco had high levels of THC, found in cannabis, and the prescription sedative clonazepam, known as Klonopin, in his system. He also tested for the herbal substance kratom.

He was also charged with a misdemeanor of driving while under a combination of substances, Tierney said.

"When you look at the level of THC in the system, that was high. The level of Klonopin, that was high. But experts will tell you that when you take these substances together, there's a synergistic effect, which makes the overall effect even more impaired to the individual," Tierney said.

Porix was the father of two sons, ages 8 and 15, and a 12-year-old daughter. He had immigrated from Guatemala and had been working for the East Moriches-based company Rosemar Construction for about 20 years, Tierney said.

"As for the victims, they unfortunately never really stood a chance," Tierney said. "They were walking away from the direction of the car, and the car just came upon them at a great speed."

Macedonio said he was still reviewing preliminary toxicology reports that showed different levels of substances. He said he was not aware of any prescription Lobianco was taking or any medical condition. 

"First and foremost, on behalf of him and his family, this is a terrible tragedy," Macedonio said. "Any indication of what the levels of intoxication were, we cannot draw any conclusions at this time."

Macedonio said Lobianco has shown remorse for the victims following the crash. 

Prosecutors said surveillance footage of Lobianco, working an overnight shift at a nearby 7-Eleven, showed him "swaying, stumbling, nearly falling multiple times, and often nodding in and out of consciousness." Customers also asked throughout the night if he was OK, prosecutors said. 

He was also seen sitting in his car for about 20 minutes after his shift, before leaving and driving for about 1 mile before the crash, prosecutors said.

Acting Suffolk Supreme Court Justice Bryan Browns ordered Lobianco to be held on $7.5 million bail or $15 million bond. He also ordered Lobianco's driver's license to be suspended.

If convicted, Lobianco could face between 8 ⅓ and 25 years in prison. He is scheduled to return to court Oct. 14.

By John Asbury

john.asbury@newsday.comJohnAsbury

John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.