LIRR Passenger "Confident That He Will Be Vindicated"

2009_08_lirrmug.jpg
Mugshots of LIRR passenger William L. Kutsch, left, and LIRR Engineer Ronald Cabrera, right

With his client facing charges of reckless endangerment in the second degree for allegedly operating a Long Island Rail Road train, LIRR passenger William Kutsch's lawyer said, "Mr. Kutsch is anxious to let this take its course. When the facts and circumstances are known, he is confident that he will be vindicated." Kutsch is accused of being behind the controls of a westbound LIRR train on July 2—and the engineer at the time, Ronald Cabrera, was also charged with second degree reckless endangerment as well as official misconduct.

Nassau County District Attorney Kathleen Rice had emphasized yesterday that Kutsch's alleged 25-mile route—from Hicksville to Hunters Point Avenue in Queens—had seven car crossings, one pedestrian crossing, and 24 home signals. And the train, a double-decker 500 ton train, held 400 passengers. Rice said, "We can prove that the cabin only has space for one person and that the passenger went in and out of the cabin right before and right after the train’s trip. We can also prove that the train needed a foot on the safety pedal to operate and that the train’s engineer was outside of the operator’s cabin during the whole trip. On top of that, we have witnesses who report hearing the passenger make incriminating statements after the train arrives in Hunters Point. People on the train and in the communities along the tracks deserve to know someone’s being held accountable for this unimaginably reckless act.”

The LIRR says it has started disciplinary proceedings ("up to and including possible termination") against Cabrera. Additionally, there is some sort of relationship between Cabrera and Kutsch, a court stenographer, but it's unclear what their connection is.

Email This Entry


Comments (21) [rss]

Snore. The only crime here is that it will be an uphill battle to get that union worker fired.

user-pic

these photos make them both look evil.

They are out murdering children when they're not playing trainset with the LIRR.

In the passenger's defense, how would he know his driving the train is illegal? If the engineer allowed him to do it, wouldn't he assume it's ok? Not saying that it was a smart move though..

Yes, in a country where a license is required to drive a car, how could this poor man possibly have guessed that some kind of training was necessary before driving a train carrying 400 passengers?

A train is safer to operate than a car. Traffic lights don't stop a non-compliant car, and steering/where you go is upto you. Train can go forwards and backwards. Thats it. A car can go through your living room.

Good point, but then he's not being charged with "illegally operating a passenger train." He presumably should know that he doesn't really know how what he's doing, that if something goes wrong people will be less safe with him at the controls than with a qualified engineer, so for him to operate it is reckless.

Reckless endangerment is "conduct which creates a substantial risk of serious physical injury to another person. That's what the prosecution will have to prove.

If a pilot were to offer me a chance to take the controls of an airliner in midflight, I'd say thanks but no thanks. Even if it was just taking control of a machine in a factory. If I don't know how to work it, I'm not operating any kind of heavy machinery.

So the two men have a "relationship," eh? I'm guessing some kind of railfan club, but still, I can't get that scene of Peter Graves out of my head. "Joey, have you ever seen a grown man naked?"

I know someone who did sales for FedEx, used to catch rides in the cockpit of their planes, and in fact was allowed to take control of a cargo jet just for the fun of it. In retrospect he's lucky he didn't wind up like Tom Hanks in Castaway.

Wow, I never thought about the trainspotters club theory.

yeah fun boy, where's your engineer hat now?

Wow, there is the dumb blond quote of the day

'In the passenger's defense, how would he know his driving the train is illegal?'

I'm sorry, are the rules posted somewhere? I think it was dumb of him, but the engineer is more at fault.

And I'm a brunette, dickwad.

I wouldn't trust either of these bozos to push a shopping cart.

I don't care, it's not like he was texting while driving the train, thus killing a dozen people (LA last year). No harm no foul.

Stick to prosecuting the DWIs as murder, Ms. DA Rice of Nassau.

Also, these guys are only a 2 of 10 on the LI guido scale (the bar is very high in LI), so hopefully there wasn't too much hair gel that might have caused his hand or foot to slip from the controls.

Let 'em walk, case closed. Next time let me know when it's my turn to pilot a train.

"No harm no foul.

Stick to prosecuting the DWIs as murder"

So DWIs should be prosecuted as murder if they kill someone, but let off completely if they don't... no harm no foul?

PTG has been pushing his "let the big kids have their fun" agenda for a while now.

Wasn't the guy on the right a character in the old Mike Tyson Punchout?

Jen, when you say, "Additionally, there is some sort of relationship between Cabrera and Kutsch, a court stenographer, but it's unclear what their connection is."

Are you referring to this piece of the NYPost article, and if so, can you explain why you expand on it ?

A law enforcement official said Kutsch is a LIRR "regular," but didn't know the relationship between the two men.

Post a comment (Comment Policy)

Tips

Get your daily dose of New York first thing in the morning from our weekday newsletter, now in beta.

About Gothamist

Gothamist is a website about New York. More

Editor: Jen Chung
Publisher: Jake Dobkin

Newsmap

newsmap.jpg

Contribute

Latest Tip:

Wake up people!!! message from a doctor and former classmate of Nidal Hasan: "He was an outspoken
[more]

Latest Photo:

Subscribe

Use an RSS reader to stay up to date with the latest news and posts from Gothamist.

All Our RSS

Follow us