Limo business operator charged

COBLESKILL, N.Y. _ Until Wednesday morning, Nauman Hussain was known as the man whose father owned Prestige Limousine, whose limousine crashed in Schoharie on Saturday, killing 20 people.

Within hours, Hussain, 28, was arrested and gained a new identity: the person charged with criminally negligent homicide in the deadliest transportation incident in America in more than nine years.

Hussain was arraigned in Cobleskill Town Court and was released Wednesday night after making bail, which had been set at $50,000 cash and $150,000 bond. He pleaded not guilty.

Hussain knowingly allowed the limo to be driven when it "should not have been on the road," State Police Superintendent George Beach told reporters earlier in the day.

"The sole responsibility for that motor vehicle being on the road on Saturday belongs to Nauman Hussain," Beach said.

He said the 2001 Ford Excursion limousine failed an inspection in September and, as a result, had no business being used when it crashed at the intersection of routes 30 and 30A. Beach said Hussain was also aware the driver that he hired to drive the limousine, Scott T. Lisinicchia, 53, of Lake George was not properly licensed for that assignment.

Just weeks before the crash, Lisinicchia received a notice of violation for driving the same limo without a proper license. The notice was issued by a trooper who pulled him over in Saratoga Springs after he had dropped off 11 passengers. The trooper's notice directed that the Excursion be taken out of service immediately. It was served on Nauman Hussain as the operator of the Wilton company.

At that time, according to the notice, Hussain would have been made aware that Lisinicchia lacked the credentials needed to drive the limousine.

On Saturday, Lisinicchia was driving the SUV-style stretch limo with 17 passengers bound for a party at Ommegang Brewery in Cooperstown. Everyone in the limo and two people standing outside the Apple Barrel Country Store died when the vehicle went through the stop sign at the intersection, hit a parked car and slammed into an embankment just before 2 p.m.

Hussain, of Cohoes, was charged with one count of criminally negligent homicide, a felony that carries 1 1/3 to 4 years in prison. He was arraigned in Cobleskill shortly before 7 p.m. Wednesday evening wearing a black T-shirt, gray shorts and black sneakers.

Before the arraignment began, he looked back several times and nodded at his brother, seated behind him. Three state troopers and three Cobleskill police officers stood on either side of the courtroom. Hussain's attorney, Lee Kindlon, said the higher-than-normal number of officers were present because he and Hussain had received repeated threats. The arraignment was moved from Schoharie because the Schoharie town justice was unavailable.

Schoharie County District Attorney Susan Mallery asked Justice Dawn Fiorillo to set bail at an amount that is higher than usual for a nonviolent felony. Mallery said there were concerns that Hussain might flee and asked the judge to require him to surrender any U.S. or Pakistani passports. Mallery said Hussain was arrested Wednesday morning after he left his home with a car full of belongings.

Kindlon told reporters that Hussain was not fleeing the area but was leaving home after receiving the threats. Kindlon said in court that Hussain does not have a Pakistani passport or dual citizenship in Pakistan.

Hussain did not say anything to reporters as he left court. Hussain's bail was posted and he is scheduled to appear again in the court on Tuesday, Oct. 23.

Kindlon, speaking to reporters earlier in the day at State Police Troop G barracks in Latham, said that because of the death toll, Hussain faces the possibility of being charged with 20 counts of the crime, which could run consecutively.

On Wednesday morning, Hussain was in a GMC Sierra pickup truck with his brother, Shahyer Hussain, known as "Harris," and Shahyer's girlfriend, when State Police stopped the vehicle on Interstate 787 in Watervliet. They arrested Hussain at the barracks in Latham, where the defendant was joined by Kindlon.

Nauman Hussain is the son of Prestige Limo owner Shahed Hussain, known as "Malik," a longtime informant for the FBI. The elder Hussain is in Pakistan but would return if asked to by law enforcement, Kindlon said.

The attorney said the elder Hussain controls the daily operations and "runs the company."

Kindlon, who spoke for more than 22 minutes, has represented the Hussain family in the aftermath of the crash. Kindlon said he and his client have both received death threats in recent days.

Kindlon said his client has had to change his phone number three times. He criticized what he said was a mob mentality against his client.

"This is something that I've fought for," Kindlon said, highlighting his 18 years of service in the Marine Corps. "So all these people who want to lob death threats from afar just because my clients may be Muslim-American or just because 20 people are dead today, I want to look at you directly and say: 'That's disgusting! How dare you! That is not the way that we are supposed to act in a civilized society.'"

He said he knew charges would be brought "because somebody needs to point a finger."

Asked how his client is faring, Kindlon said: "He is terrified. He hasn't eaten in three days. He hasn't slept in three days. He's got 20 souls who were here a week ago (but) aren't here today; and he's got the eyes of the world looking at him because they want someone to blame."

Kindlon alleged that police were "jumping the gun" with the arrest, saying Mallery indicated to him on Tuesday that an arrest could be months away.

Kindlon shifted blame to the state Department of Transportation, saying the road where the crash took place was problematic.

"I think the state is doing a wonderful job of making sure that all of you are sitting here pointing cameras at the Hussain family and Nauman and the dad," he said.

"Could there be some fault with Prestige? Could there be some fault there? Yes. Is it criminal? Absolutely not. What about the state of New York?"

Kindlon said there were a number of inspections and "minor safety infractions" such as not having the proper sticker and windshield wiper. He said the Department of Transportation and the company were dealing with these issues all the time. He said he obtained maintenance records showing the limo's brakes were fixed in June.

"I know they have that information in their hands and yet here they are charging him with these crimes today," he said.

He said he understood that after the September inspection there was a chance for his client to fix the problems, such as a latch on a back window and a brake line hanging loose.

"They were told to fix these things and the car was fine," he said.

Asked why state DOT officials would not have a record of the limo being fixed, he said, "That's a great question for DOT."

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