The 2009 Taconic
State Parkway crash was a traffic collision that occurred shortly after
1:30 p.m. on Sunday, July 26, 2009, on the Taconic
State Parkway in the town of Mount
Pleasant, near the village of Briarcliff
Manor, New York. Eight people were
killed when a minivan being driven by 36-year-old Diane Schuler traveled 1.7 miles in the wrong direction on the
parkway and collided head-on with an oncoming SUV. Schuler, her daughter and three nieces, and the three
passengers in the oncoming SUV were
killed. The crash was the worst fatal motor vehicle accident to occur in Westchester County since July 22, 1934,
when a bus accident in Ossining
claimed 20 lives.
The ensuing investigation into the crash's cause received
nationwide attention. Toxicology tests conducted by the medical examiner
revealed that Schuler was heavily intoxicated with both alcohol and marijuana
at the time of the crash. Schuler's husband, Daniel, has consistently denied that she used drugs or alcohol "excessively", and has made
multiple national media appearances to defend his late wife and call for
further investigation into other possible medical causes for her erratic
driving. An independent investigator hired by the Schuler family obtained DNA
testing and toxicology testing of Schuler's samples, and also confirmed the results
of the original testing.
Day of incident
2003 Ford Windstar
At approximately 9:30 a.m. on Sunday, July 26, 2009,
36-year-old Diane Schuler left the Hunter Lake Campground in Parksville, New York, in a red 2003 Ford Windstar that belonged to her
brother. Riding with Schuler were her 5-year-old son and 2-year-old daughter,
and her brother's three daughters (ages 8, 7, and 5). Her husband, Daniel Schuler, left the campground at
the same time in a separate vehicle since he had a pickup truck and took the dog
with him. A co-owner of the campground
later said that Diane Schuler
appeared sober when she departed.
On the way to their home in West Babylon, Schuler stopped at a McDonald's fast-food restaurant and a Sunoco gas station in Liberty.
While at the gas station, on surveillance video with no sound, it was reported
that she attempted to buy over-the-counter pain-relief medication, possibly for
a painful tooth, but the gas station did not sell any.
Schuler left Liberty just
after 11 a.m., traveling along Route
17/Interstate 86 and the New York Thruway
(Interstate 87), entering the Ramapo-Sloatsburg service area, and
crossing the Tappan Zee Bridge,
heading east. Several witnesses later
reported seeing a red minivan driving aggressively on Route 17/Interstate 86 and Interstate
87, including aggressively tailgating, flashing headlights, honking the
horn, moving in and out of lanes, and straddling two lanes. At 11:37 a.m., Schuler called Warren Hance, her brother and father of
her three nieces, from the van. She reportedly told him that they were being
delayed by traffic. According to a
police report, Schuler was seen by witnesses at approximately 11:45 a.m. by the
side of the road with her hands on her knees, as if vomiting; she was seen
again in the same position a short time later, north of the Ramapo-Sloatsburg rest stop.
2004 Chevrolet
TrailBlazer
At about 1 p.m., another call was made to Hance from
Schuler's cell phone. During this call, one of Schuler's nieces reportedly told
her father that Schuler was having trouble seeing and speaking clearly. Schuler
herself then talked to Hance and said that she was disoriented and could not
see clearly. Police believe that the car was stopped in a pull-off area beyond
the Tappan Zee Bridge tollbooths for
at least part of this call. Hance reportedly told Schuler to stay off the road
while he came to meet them; follow-up calls from Hance to Schuler were not
answered. For some reason, she left her cell phone on the highway; it was found
by another motorist by the side of the road near the tollbooth.
Investigators have not determined what route Schuler took
from the bridge to the Taconic State
Parkway ramps near Briarcliff Manor.
At 1:33 p.m., two drivers called 911 after noticing Schuler's van edging onto
the northbound exit ramp of the Taconic
State Parkway near Briarcliff Manor.
The end of the exit ramp, at the intersection with Pleasantville Road, is marked with two signs that read "Do Not Enter" and two signs
that read "One Way". Within the next minute, four more 911 calls
were placed by motorists who reported that a car was traveling the wrong way
down the parkway going approximately 75–85 miles per hour (121–137 km/h).
2002 Chevrolet
Tracker
The van traveled south for 1.7 miles (2.7 km) in the
parkway's northbound passing lane before colliding head-on, at approximately
1:35 p.m., with a 2004 Chevrolet
TrailBlazer, which then struck a 2002
Chevrolet Tracker. At the time of impact, Schuler was traveling
approximately 85 mph. Schuler, her daughter, and two of her nieces were dead at
the scene of the crash (the children did not appear to have been in car seats,
or even to have had seatbelts fastened), along with the three men in the TrailBlazer: 81-year-old Michael Bastardi, his 49-year-old son Guy, and their friend, 74-year-old Dan Longo. The two occupants of the Tracker suffered only minor injuries.
Schuler's severely injured third niece and Schuler's 5-year-old son Bryan were
taken to area hospitals, where the niece died later that day. Bryan is the only passenger of Schuler's
vehicle to survive, suffering from broken bones and severe head trauma. He
remained hospitalized before returning home in early October.
Two men who witnessed the accident and smoke rising out of
the van ran to assist the occupants. After removing Schuler from the van, the
two men saw a large, broken Absolut Vodka
bottle by the driver's side. The men tried to pull the girls out of the van
and noted that they had no pulse. Because the children possibly were not seat
belted in and thrown together, the men did not even notice Bryan stuck under
another child. Bryan was the only survivor of the accident.
Intoxication levels
The investigation of the collision drew nationwide
attention, as Schuler's husband strongly disagreed with the conclusion that she
was heavily intoxicated at the time of the crash. A toxicology report released on August 4 by Westchester County medical examiners
found that Schuler had a blood-alcohol content (BAC) of 0.19%, with
approximately six grams of alcohol in her stomach that had not yet been
absorbed into her blood. The legal BAC
limit for driving while intoxicated in New
York is 0.08%. The report also said
that Schuler had high levels of THC,
the active ingredient in marijuana, in her system. She could have smoked marijuana as recently as
fifteen minutes before the accident.
In an August 8 press conference, Daniel Schuler and his attorney Dominic Barbara initially denied that Diane did drugs or was
drinking that weekend at the lake since several children were with them.
Schuler then changed the story and consistently denied that his wife ever "drank to excess" or could
have been drunk while driving that day. When Larry
King and Oprah Winfrey asked
Daniel about the vodka in the van, Daniel claimed that they always kept an old
bottle in their camper. He further stated that Diane did all the packing for
the camping trip, so she must have moved the bottle into the van.
Daniel eventually admitted that he and his wife had been
drinking during the camping trip, but denied that Diane had anything to drink
on the day preceding the crash. The
campground co-owner (who knew the Schulers well) saw them off at approximately
9 a.m. that morning, and stated that Diane appeared sober. The gas station
employee whom Schuler asked for Tylenol at
around 11 a.m. also said, "[I knew]
for a fact [that] she wasn't drunk when she came into the station." According to Tom Ruskin (an investigator supposedly hired by Daniel for
$30,000), none of the McDonald's
employees saw anything in Schuler's behavior to suggest that she was
intoxicated. In fact, she was observed carrying on an extended conversation
while ordering her food and orange juice.
Ruskin told reporters in September that he had interviewed
relatives, none of whom had ever seen her in a drunken state. Ruskin also pointed to autopsy results that
showed an absence of organ damage often found in alcoholics, although an
uninvolved medical examiner said such results do not rule out alcoholism. Schuler relatives have also disputed that
Diane was known to drink heavily or irresponsibly.
Daniel denied that his wife did drugs, but told
investigators that his wife smoked marijuana only "occasionally," and the family told People magazine that she used it to relieve insomnia. Although Daniel
Schuler was an officer in the Public
Security Unit of the Nassau County
Police Department, he was not required to report his wife's drug use as he
is a civilian. In November, it was
reported that Schuler's sister-in-law had made a statement to police that she
actually smoked marijuana on a regular basis.
Daniel and Barbara believed that Schuler drove erratically
due to a medical issue, such as a stroke.
According to Barbara, Schuler was obese for much of her life and
suffered from diabetes, although additional sources cite Schuler as only having
had gestational diabetes, a temporary condition related to a prior pregnancy,
rather than a chronic condition. Barbara has also mentioned an abscess that had
persisted in her mouth for seven weeks before her death, and a lump in her leg,
about which he said, "[It] might
have been an embolism". The
results of an autopsy conducted by a Westchester
County medical examiner one day after the accident found that Schuler had
not suffered a stroke, aneurysm, or heart attack.
In September, New
York's top forensic pathologist said that a hair test should have been done
to determine Schuler's drug history. Daniel and Barbara announced plans to exhume
the body to perform the hair test and other examinations; experts said that
this was unlikely to produce any new information since tests from two separate
labs came up with exactly the same conclusion. Daniel also intended to re-test the fluid
samples taken during the autopsy. The Westchester County medical examiner's
office, which performed the autopsy, said that the degradation of the fluids
over time was likely to result in lowered alcohol and THC readings; however, several toxicology experts said that the
results should be similar to the previous test if the fluid samples had been
properly stored. On November 7, Ruskin
announced that the Schuler family had raised the money to retest Schuler's
tissue samples and that the retesting would take place soon. In July 2010, it was reported that Daniel had
accepted a $100,000 offer from a film company, Moxie Firecracker Films, to record his wife's exhumation for an HBO documentary. The money would
reportedly be placed in trust for Bryan.
Daniel's persistence in disputing his wife's intoxication
and drug use has been condemned by relatives of the three TrailBlazer victims. When
Daniel appeared on CNN's Larry King Live
to demand more testing of his wife's remains, Longo's brother Joseph issued a
statement saying in part, "I want Daniel Schuler to know that he keeps
inflicting more pain on all concerned once again [by] going to the media to try
[to] paint a picture of a perfect wife and mother." Bastardi's daughters appeared with their
lawyer on NBC's Today, during which
they questioned Daniel's culpability in enabling his wife's substance abuse and
called for him to undergo drug testing himself. "It makes me angry that he keeps denying it," said Margaret Nicotina, Bastardi's daughter.
"Every time he does it, he brings it
back for us. I just wish that he would just admit that she was drunk. Maybe if
he knows what happened that morning, if they argued or anything that would be
the truth? He wants the truth. So do we." Their lawyer called Daniel's position totally
outrageous, an insult to the intelligence of the American public, and a hoax. Ruskin said on The Oprah Winfrey Show in October 2009 that Daniel had avoided
media appearances since Larry King Live
out of respect to the Bastardi family.
In June 2010, the New
York State Police issued its final report on the accident following eleven
months of analysis. The report upheld the previous toxicology findings that
Schuler was highly intoxicated and had high levels of THC in her system at the time of the accident.
Legal action
According to a Westchester
County medical examiner, the crash was ruled a homicide soon after it
occurred, because the victims were killed due to Schuler's negligent driving,
regardless of toxicology findings. On
August 18, Westchester County District
Attorney Janet DiFiore said that no charges would be filed in the incident,
because Schuler was the only person responsible for the deaths. "Diane
Schuler died in the crash and the charges died with her," DiFiore
said. In October 2009, DiFiore faced
accusations from both Dan Schorr (a Republican challenger for her office)
and a Bastardi family attorney that she had mishandled the Schuler case by
neglecting to initiate a grand jury investigation into the crash. In response
to Schorr's comments, DiFiore responded, "Is
he suggesting that there was criminal evidence of a crime committed by someone
and we wouldn't pursue it? That's just silly." DiFiore won re-election in November. The
Bastardi family said that if DiFiore did not convene a grand jury, they would
seek support in the matter from the state attorney general and the governor.
Following a request from the Bastardi family that an
administrator be appointed for Schuler's estate so that a lawsuit could be
filed, Daniel Schuler officially
declined the role in November 2009, leaving it to a county-court judge to
appoint a public administrator. On
December 10, the Bastardi family filed suit against Diane Schuler and her brother, Warren
Hance, seeking unspecified damages for wanton, willful, and reckless
conduct. According to the family's lawyers, they were required by state law to
include Hance in the suit, Jackie Hance, because he was the owner of the van.
In July 2011, Jackie
Hance, who lost her three daughters in the accident, filed suit against her
brother-in-law, Daniel Schuler. The
suit claimed that the three deceased Hance girls suffered terror, fear of
impending death, extreme horror, fright, and mental anguish. On July 26, 2011, the day after the premiere
of HBO's documentary There's Something Wrong with Aunt Diane,
and on the second anniversary of the crash, Daniel sued the state for not "keeping the road safe" and
his brother-in-law Warren Hance as
the owner of the minivan that Diane was driving. By July 2014, all lawsuits by all parties were
either settled or dropped. The judge sealed all the settlements.
Child Passenger
Protection Act
In August 2009, New
York Governor David Paterson proposed the Child Passenger Protection Act, which would make it a felony to
drive while intoxicated if a passenger under the age of 16 is in a vehicle. The proposal became known as Leandra's Law, following the October
2009 death of 11-year-old Leandra Rosado,
a passenger in a vehicle whose driver was drunk. The Child
Passenger Protection Act was signed into New York law on November 18, 2009.
Media
In September 2009, the syndicated talk show Dr. Phil broadcast an episode about
drunk-driving moms that focused heavily on Schuler and the crash. The next
month, Oprah Winfrey devoted an
episode of her show to the crash, interviewing Schuler's private investigator Tom Ruskin via Skype, with Winfrey responding incredulously to several of his
claims.
The Law & Order
episode "Doped," which
first aired in November 2009, centers on a crash extremely similar to the Taconic Parkway incident. The
fictionalized version features a woman who speeds down the West Side Highway in the wrong direction before crashing and
killing herself, her daughter and her two nieces, and another family in another
car. Bastardi relatives reacted with
anger upon hearing that the NBC drama
would be basing an episode on the real-life tragedy.
There's Something
Wrong with Aunt Diane, directed by Liz
Garbus for HBO Documentaries
establishes a timeline of events prior to the accident. The documentary
suggests that Schuler could have been suffering from severe pain caused by a
tooth abscess during the drive home, causing her to look for painkillers at the
gas station and, upon failing to find any, self-medicating with drugs and
alcohol. The pain of the abscess, combined with vodka and marijuana, could have
put her in a temporary state of delirium that triggered her fatal behavior. In the documentary, Daniel and Barbara claim
they gave Ruskin $30,000 to conduct an independent investigation and to re-test
samples. Throughout the documentary, Daniel and Jay Schuler, Diane's sister-in-law, claim that Ruskin was not
returning their phone calls for nine months. At the end of the documentary,
Ruskin states that he had called her months ago with the results and that she
refused to pick up her phone. She is seen claiming that "she was told not to pick up" and "that she didn't understand any of it." Ruskin then
informs her that his tests corroborated the previous tests; that Schuler was
highly intoxicated from alcohol and marijuana. Schuler's family persisted in
refusing to accept the test results.
Jackie Hance
wrote a book called I'll See You Again
in which the tragedy is revisited, focusing on her initial grief and later
reemergence into life. Stephen King's short story "Herman Wouk is Still Alive"
in Bazaar of Bad Dreams (2015) is,
according to King, a fictional attempt to find answers to questions about what
led to the crash and "perhaps to
obtain some sort of closure."
The Hance Family
Foundation
Jackie and Warren
Hance formed a foundation, the Hance
Family Foundation, whose main purpose is to honor the lives of their three
daughters by ensuring healthy, happy, and safe children through innovative
self-esteem educational programming. The foundation's central project is Beautiful Me, a self-esteem program
designed to educate girls by promoting appreciation for their genuine
qualities, accurate self-awareness, and the satisfaction of helping others.
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