Legal News

Families quietly remember drowned C.I. teens
- by David Greene

Attorneys for the parents of four teens who drowned off the coast of City Island a year ago this week have threatened a lawsuit after the city failed to implement the new E-911 system that would allow emergency operators to trace any cell phone call in the city.

It was on January 24 of last year when it is believed the four teens - Andrew Melnikov, 16; Harry Badillo, 17; Charles Wertenbaker, 16; and Max Guarino, 17 - took a small boat from a City Island marina and set out on a late night journey to Hart Island when the dinghy they began to take on water.

The teens made a desperate attempt to call for help, but the 911 operator and her computer could not identify where the caller said he was phoning from - the Long Island Sound - because it was not a street address. Because the call was cut short, the operator failed to notify the NYPD Harbor Unit, and so the search for the missing teens did not begin until the next day, causing extra grief for the families involved.

Well before the tragedy occurred, an upgrade that would allow 911 operators to trace cell phone calls had been in the works and was supposed to be in place by the end of last year. However, that has not occurred and the grieving parents have chosen to fight for the system to be installed in memory of their lost children, so that others won’t have to experience the ordeal they have all suffered through.

The parents used part of the first anniversary of their children’s tragic deaths to address their concerns during a press conference at the Madison Avenue office of attorneys Joe Belluck and Jay Halfon.

The families reminded New York City that if the enhanced 911 system is not implemented soon, they will follow through with a lawsuit. However, the families remain optimistic. Belluck said of the situation, "Basically we had meetings with the City and the State. There is progress being made, but the fact of the matter is it still hasn’t been implemented in several areas."

Belluck added the enhanced 911 system is already in place in Syracuse and Rochester, but not in the five boroughs. He continued, "The technology, for a variety of different reasons, is not running in New York City." Belluck also said that the families will continue to monitor the situation, trying to remove any existing barriers to seeing the new system fully implemented.

"The main issue is the cost involved as well as certain technological issues," Belluck said of getting the new system up and running. Cell phone companies have to update their operating systems and make sure cell phones are compatible to the enhanced 911 system. In addition, the central 911 system at police headquarters must first be upgraded before the enhancements can be implemented citywide.

Belluck stated that the families have about three months to file a lawsuit, but believe the City can have the improved system in place before they must file the suit. The families have stated they would drop any claims against the City for the mishandling of the cell phone call for help placed on that fateful, frigid night if the new system is fully installed and utilized.

Halfon added, "The City has collected hundreds of millions of dollars [for this system] and has been behind the eight-ball since this tragedy. Police Commissioner Raymond Kelly said he believed the City will be on track in three months, and we must decide in that short period of time what we plan to do."

The NYPD has indicated that two phases of the upgrade have already been completed. Currently, 14 counties in upstate New York have an E-911 system that is operational.

"We’re hopeful," Halfon said of the City implementing the new system. "Obviously we’ll be watching and we hope more counties get on board."

Belluck was asked how the families spent the somber anniversary. "They spent the anniversary on City Island...just the families and a few close friends," the attorney said. "At 9:58 p.m., the exact moment the teens used their cell phone, they had some moments of silence at the water’s edge at the cemetery on City Island," the spot on shore where the teens departed from.