Long Island Dad Carlo Guercia Charged With DWI Under Leandra’s Law

MASSAPEQUA, NY (CBSNewYork) – A Long Island man has been charged with DWI under Leandra’s Law after police say he was driving while high on drugs when he was pulled over with his kids in the car.

Police say 35-year-old Carlo Guercia was pulled over after officers saw him swerving as he left Marjorie Post Park in Massapequa.

1010 WINS’ Mona Rivera talks to neighbors

He was charged with DWI under Leandra’s Law as well as possessing Oxycodone pills and endangering the welfare of a child. Guercia had his two children in the car, an infant and a 3-year-old, when he was pulled over, according to Nassau Police Lt. Det. Kevin Smith.

WCBS 880’s Sophia Hall On Long Island

Officials say witnesses, including Town of Oyster Bay parks workers, saw Guercia in the park leave his baby boy alone, take the 3-year-old by the neck, slap him in the face and shake him while telling him to shut up . “He was yelling and screaming at the child…at one point slapped the child with an open hand and began to choke the child around the neck,” said Smith.

Witnesses then called 911 and Guercia was arrested while driving away with the kids in his car, 1010 WINS’ Mona Rivera reported.

Neighbors told Rivera Guerica has been troubled by a drug and alcohol problem for years. “I think the police actually just saved the kids lives by arresting him,” neighbor Mary Alice Vergara said.

He works in the family construction business and lives with his wife and 2 kids in this waterfront home in a neighborhood bordering a canal in Massapequa.

Carlos Guercia's home - Massapequa, NY - Jul 13, 2011 (credit: Mona Rivera / 1010 WINS)

Carlos Guercia's home - Massapequa, NY - Jul 13, 2011 (credit: Mona Rivera / 1010 WINS)

The kids are now in their mother’s care.

Leandra’s Law enhances penalties for those found to have been driving while intoxicated with a child in the vehicle. It is named for Leandra Rosado, who was killed in a drunk driving wreck in 2009.

  • Chris W

    carlo was my roomate in rehab.. nd i didnt know anything babout hiscase untill 2 weeks later.. hes a nice caring guy and every morning when we woke up he kissed a picture of his kids on the faces of both children.. and was very sirious about his recovery, even going as far as buying every peice of literature the rehab offered

  • Bill Dikant

    The EXCUSE of “ADDICTION” rears it’s ugly head!. As usual. He comitted a Crime Children, Not a Beneficial act.What about “Others”, or dont they count. “Horrible Press???” thats what is needed, not glorification.Alwasy pity for the “Drunk,” on alcohol or drugs
    Bill Dikant, D.W.I. Victim Advocate,
    Castleton, N.Y. 12033-1604

  • Eric&Ken

    i have nown carlo for many years he is a very nice person and is always willing to help someone out; I dont belive that he would ever hurt anyone some one must off takin the sitution way out off proportion. im glade know one got hurt and hopefully the family will get throught ok. best of luck

  • Kate

    I don’t know Carlo but I see him around town with his wife and kids and he always seemed like a caring, attentive and loving father. This is horrible but the amount of press this has received is ridiculous. I only hope that he gets the help he needs.

  • SLG

    Perhaps someone should ask where the wife was..

  • Bill Dikant

    “Leandra’s law ” has more Holes in it than a kitchen siev. Remember how tough it was,uttered by XGov.Patterson, probation and fine, T,T,T,That’s all Folks!.
    All Bark—–no Bite!
    Bill Dikant D.W.I. Victim Advocate,
    Castleton, N.Y. 12033

  • jtorres

    Additction is an illness and it is not easy to just stop. But the wife had to know her husband had a drug problem. To let him take her little children anywhere or leave him alone with them for even a minute was irresponsible and stupid of her. Let’s hope the father gets some help (along with the appropriate jail sentence) and the mother gets some sense. With parents like that, God help those children

  • Justin

    OMG stop saying his name wrong……

  • Rick

    Nick the problem with your method of removing these people from the gene pool is they take out innocent people along with themselves. Smarten up!

    • Nick

      Not true in Long Island. Those vicious trees and utility poles just jumps out of nowhere and causes all these car wrecks whose drivers “lost control”.

  • Nick

    What’s wrong with this country. A parent is no longer allowed to remove his spawns through drunk driving? Let him take out his entire family and save society the headaches later on.

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