Suffolk lawmakers OK $1M bond settlement for Selden man hurt in police crash

Suffolk lawmakers approved borrowing $1 million to cover a settlement reached this summer involving a police officer who drove through a red light and injured a Selden man in a January 2020 crash.

Michael Franco suffered "serious" and "permanent" injuries, according to court filings, when Sgt. Richard Grice crashed his police SUV into his vehicle at a Centereach intersection.

The Suffolk Legislature unanimously approved the rare bond vote on Wednesday to authorize serial bonds to cover the settlement. Two legislators were absent.

Legis. Chad Lennon (C-Rocky Point), chairman of the Ways & Means Committee, where settlements are approved at the legislative level, said prior to the vote that bonding for settlements "is not something we really should be doing and making a habit of."

Presiding Officer Anthony Piccirillo (R-Holtsville) told Newsday the county typically pays out settlements through its self-insurance fund and will bond when that's depleted. The resolution approved Wednesday said "sufficient funds" are not available in the 2026 operating budget for settlements.

No other financial details, including the bond's maturity date or how much interest Suffolk will ultimately pay, were released.

The settlement ends more than six years of litigation. The Ways & Means Committee approved the settlement in July, and Suffolk Supreme Court Justice Thomas F. Whelan signed off on it in August.

The crash occurred at 1:10 a.m. on Jan. 25, 2020, at the intersection of Mark Tree Road and Route 347 in Centereach. Grice was driving a marked police SUV north on Mark Tree Road toward the intersection with Route 347. He was responding to a report of a burglary, according to court filings.

In a deposition, the officer said he did not have emergency lights or sirens on at the time of the crash. When asked why not, he said, “It’s just not the type of call that I would respond to with lights and sirens.”

He also admitted to looking away from the approaching traffic light to view his computer. He could not say how long he was looking down when questioned in the deposition. He said the light was green when he first approached it and looked down, although testimony from the injured driver contradicted that when he testified his light had been green for the full duration he could see it — about 35 seconds.

Grice was asked what color the traffic light was for his direction of travel when the impact occurred and he said, "It was red." Franco also testified that Grice "admitted fault" and "apologized" immediately after the crash, although Grice testified that while a conversation happened, he "did not recall what took place in that conversation." 

County Attorney Chris Clayton did not respond to a request for comment on the settlement.

John Zervopoulos, a Woodbury attorney who represented Franco, also did not respond to a request for comment.

The legislature this year has approved resolutions totaling about $19.7 million to cover settlements in cases involving  "injuries or property damage resulting from actions by County employees during the course of the performance of their duties and functions as County Employees."

Asked if the county could use reserves to cover the cost, Piccirillo said those are "dedicated accounts" and he would need to check with the budget review office to see if that money could be used for a settlement.

Lennon said in an interview the county has made it a priority to resolve lawsuits that have been ongoing for years dating back to the prior administration. He said the county is "getting caught up" in outstanding lawsuits. Suffolk County Executive Edward P. Romaine had said settling old cases was a priority when he first took office in 2024. 

Lennon said the county typically does not want to bond for settlements and pay interest. He said part of the decision to bond for this case was about looking ahead to other potential settlements that may be coming this year. 

“Unfortunately, we got into a position that we had so many cases that we had to settle for a lot of money," he said. "Some of those cases we’ve all seen. Now we’re just in this situation.”

The county recently approved $60 million in bonds to cover the red light camera settlement in which drivers will be reimbursed the illegal fee. The county has also approved police-related settlements this year of $2.1 million and $3.9 million, among others.

By Joe Werkmeister

joe.werkmeister@newsday.com

Joe Werkmeister joined Newsday in 2022 and covers Suffolk County government and politics. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.

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