Driver Sped 106 MPH Before Crash; No Action Against Officer: PD (2024)

"It appeared...the vehicle was traveling at over 100 MPH, which sounded like a race car, taking my breath away." Quogue crash witness.

Posted Fri, Oct 8, 2021 at 11:57 am ET|Updated Sat, Oct 9, 2021 at 8:59 pm ET

According to Quogue Village Police, the crash took place at 11:19 p.m. on July 24 near the intersection of Montauk Highway and Quogue Street (East). A red Nissan Maxima, driven by Justin Mendez, 25, who was alone in the vehicle, was heading west on Montauk Highway when it left its lane of travel and crashed head-on with the Prius with Uber driver Farhan Zahid and his four passengers that was traveling east on Montauk Highway, police said.

James Farrell, 25, Michael Farrell, 20, their lifelong friend Ryan Kiess, 25, and Zahid, 32, died in the crash, police said. Kiess' girlfriend Brianna Maglio was critically injured in the crash, police said. Mendez also died in the crash.

The notice of claim, which seeks $40 million in damages, states that the Farrell brothers died as the result of "carelessness, recklessness, gross negligence, negligence and reckless disregard for the safety of others" by Quogue Village Police, including an officer who "improperly" pursued Mendez.

On Friday, the Quogue Village Police Department said the New York State Police's collision reconstruction unit recovered data from the event data recorders, known as the black boxes, of both vehicles, which showed Mendez' Nissan Maxima’s speed at the time of the collision was 86 miles per hour, with its top speed of 106 miles per hour 3.5 seconds prior to the collision, with no indication of braking.

The speed of the Uber, a Toyota Prius, at the time of collision was 27 miles per hour, with a top speed of approximately 38 miles per hour 4 seconds prior to impact with braking, police said.

A witness who was traveling in a car east on County Road 80 was also interviewed, police said.

“I saw a red car near the old VFW in Quogue on Montauk Highway," the witness said. "I did not realize until after my headlights had illuminated the vehicle that the red car had no lights on and was completely blacked out. When this vehicle passed me, it appeared as the vehicle was traveling at over 100 miles per hour, which sounded like a race car, taking my breath away. Next, I saw a police car with the emergency lights on around 100 yards or 10 to 15 seconds behind the red car, with the police car not making any headway of closing the distance between them.”

Any death of a person potentially caused by an act or omission of a police officer is reviewed by the New York State Attorney General’s Office, police said. "That office reviewed this incident and indicated that there was no cause to pursue action against the police officer," police said.

The most recent notice of claim was filed by James Farrell, father of Michael O'Brien Farrell and James Patrick Farrell, Jr. — Farrell also previously filed a notice of claim against Suffolk County.

Farrell, who lives in Plandome Heights, is represented by Garden City-based attorney Robert Sullivan.

Sullivan had no comment after the Quogue Village Police Department's release.

Kurt Kiess, who lost his son Ryan in the crash, spoke on the Quogue Village Police Department's release: "While the Quogue Village Police Department seems eager to release to the public data highlighting the reckless conduct of the driver of the Nissan Maxima, we are greatly troubled by the lack of transparency with regard to the Quogue Police’s own conduct in this tragedy."

He added: "Notwithstanding the alleged findings of the New York State General, it seems apparent that the Nissan driver was pushed to such reckless conduct in an attempt to evade the pursuit by the Quogue Police, a pursuit that, at this point, seems unjustified and reckless in itself."

Kiess said he and his family were previously advised by the Quogue Police that the pursuing officer first identified the Nissan three-quarters of a mile away from the crash site traveling at a rate of 55 miles per hours in a 30 mph zone, a routine traffic violation that would have warranted an attempted stop by the police but not a high-speed pursuit causing the driver to double his speed toward a dangerous, curved section of Montauk Highway, he said.

"Many questions remain unanswered by the Quogue Police: I would like to know the maximum speed of the police car and the length of the pursuit? What is the QPD policy on pursuits and what training did the officer have in this area? We await the release of the full collision reconstruction report by the New York State Police as well as the dashcam footage and radio communications of the Quogue Police Department," Kiess said.

Quogue Village Police said they had no further comment.

Kiess said for 11 weeks, the "Quogue Village Police Department has failed to meet or respectfully communicate with any of the families."

Kiess also asked, with Mendez documented as speeding 106 miles per hour, if "the police officer may have even exceeded that speed himself and if so, that is a reckless act by the police." Kiess said he believes, In light of five people dying, the Chief of Police should resign."

Also, Kiess maintains, although the AG's findings did not warrant criminal charges, "that does not mean there weren't misdoings and I will be seeking civil damages. In the end, the whole truth will come out," he said.

According to the notice of claim, damages are being sought for "severe personal injuries, conscious pain and suffering, pre-impact terror, and fear of impending death" for the Farrell brothers, as well as for claims of wrongful death, funeral, burial and wake expenses, loss of inheritance, loss of wages, and loss of financial support and guidance to their family.

The notice of claim also alleges "the carelessness, recklessness, gross negligence, of the pursuing officer's supervisory Quogue Village Police Department police officers charged with the training, management, control, supervision and decision making of its Quogue Village Police officers on patrol."

According to the notice of claim, police failed "to properly follow established and recognized standards and procedures for motor vehicle pursuits and following motor vehicles;" failed to "have and/or implement proper standards and/or procedures for motor vehicle pursuits and high-speed motor vehicle pursuits."

Police also failed to have or had "insufficient and outdated policy on vehicle pursuits and vehicle following practices as part of the standard operating procedure of the Quogue Village Police," the notice of claim said.

Quogue Police supervisors permitted the patrol officer to pursue the Mendez vehicle and failed to properly monitor or break off the high-speed pursuit, conducting the pursuit in a "grossly negligent manner," and violating internal protocols and regulations, the notice of claim alleges.

Mendez, the notice of claim says, was aware that he was being pursued by the officer and "following the Mendez vehicle in light of its actions was too great and unjustified given the physical location of the pursuit and the time of day." Following Mendez encouraged him to increase his speed to attempt to "outrun the village police cruiser," the notice of claim said.

When asked for comment, Quogue Village Police responded: "We do not have a comment on the notice of claim that was filed."

Keiss said, of the notice of claim: "I agree with the Farrell position." When asked if he would pursue litigation as well, he said he could not comment yet.

At the funeral for the Farrell brothers, hundreds turned out in mourning. Letters were read from the many friends, heartbroken, who shared memories.

After the crash, Quogue Village Police unveiled further information at a press event.

Investigators believe Mendez' excessive speed may have been a factor in the crash; police said.

Marijuana was found in his vehicle and unconfirmed witness reports indicated Mendez may have turned his headlights off after police began to follow him, authorities said.

When asked for the results of the toxicology report on Mendez, the Suffolk County Medical Examiner's Office referred the request to Suffolk County.

A media rep for Suffolk County Executive Steve Bellone told Patch: "We do not release toxicology reports. It is considered a medical record."

The heartbroken families left behind have been united in crying out for safety improvements on the road where their loved ones lost their lives.

The young people called an Uber to be safe, Kiess said, after the crash. "They were doing the right thing." His son and his friends, Kiess said, "were all good kids." Through tears, Kiess said: "Our hearts are broken forever. Our lives will never be the same."