New York Woman Sues Police for Not Arresting Son | NBC New York

New York Woman Sues Police for Not Arresting Son

A New York woman says in a lawsuit that her 29-year-old son died in a drunken driving crash because police decided not to arrest him on driving-while-intoxicated charges earlier that night. Greg Cergol reports. (Published Wednesday, Dec. 17, 2014)

A Long Island woman says in a lawsuit that her 29-year-old son died in a drunken driving crash because police decided not to arrest him on DWI charges earlier that night.

Kathi Fedden made the claims in a federal wrongful death lawsuit this week and is seeking $30 million.

She says some officers were friendly with her son, Peter Fedden, because he owned a deli that they frequented. 

The lawsuit says that when Peter Fedden was in a car crash in July 2013, officers drove him to his Commack home, even though he was "severely intoxicated" and visibly injured. Fedden later took his mother's car and was killed when he crashed it into a Hauppauge marketing firm. 

Fedden family lawyer Harry Thomasson said Wednesday, "He was clearly intoxicated. If you elect to take him home, you can't leave him in a driveway full of cars and drive off." 

Thomasson showed reporters some 20 PBA cards he claimed Fedden had in his possession the night he was killed. 

Suffolk County officials didn't comment, citing the litigation.

The owner of the marketing firm that suffered $100,000 in damage when Fedden fatally crashed into it said the lawsuit was frivolous.

"He put the community in harm's way," said Mitchell Levine of Advantage Marketing, which underwent four months of repairs after the crash. "He decided to take the law into his own hands by getting into a second car that evening." 

Levin was a customer at Fedden's deli and knew him. He said he even comforted Fedden's mother when she visited the firm after the crash. 

Restaurant chain Ruby Tuesday's is also named in the lawsuit, because Fedden was drinking there before the two crashes, according to Thomasson. The lawyer claimed a bartender there served Fedden too much alcohol because of lack of training in recognizing an intoxicated person.

Ruby Tuesday's could not be reached for comment Wednesday. 

-- Greg Cergol contributed to this story. 

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