5-DWI Guy Goes AWOL

By LOU YOUNG, CBS 2 NEWS

A habitual drunk driver has received a fifth chance to avoid prison and many are wondering why.

Now, a prosecutor is publicly complaining and the defendant has been staying out of sight.

Christopher Samenga's home on the canal in Massapequa remained empty Wednesday night although he is out on probation following his fifth alcohol-related driving offense -- a felony DWI.

The Nassau County district attorney is steamed.

"This is another example of how society and the judiciary just don't get it. Drunk driving kills and when you see cases like this you shake your head and say 'how can this be?'" Kathleen Rice said.

CBS 2 HD has been showcasing Samenga's November arrest mug shot. The 34-year-old grandson of retired Nassau judge Alfred Samenga checked into a rehab program and apparently made a better presentation when he appeared before Judge Meryl Berkowitz last week. Critics think a well-connected citizen is getting too many passes.

"She did say 'If I see you here again, it happens again, you're going to jail.' I fear that if that should happen somebody's going to be dead as a result," said Annaliese Bosco of Mothers Against Drunk Driving.

Christopher Samenga's attorney seemed to admit in court that his client had gotten off too easy in the past, even as he argued for one more chance.

"The time to sentence him to jail," he told the judge. "Might have been in the past, but now he has finally done what he needed to do."

Judge Berkowitz said she believes that. But others have an uneasy feeling.

"To me it's a big risk, and I don't know that I'm comfortable taking that risk, but I do hope that this gentleman is successful," Bosco said.

Everyone CBS 2 HD has spoken to, no matter how they feel about the court's handling of this case, is genuinely hopeful Christopher Samenga is finally clean and sober. The only person we haven't heard from is Christopher Samenga.

The record indicates he said nothing to the judge at sentencing and so far has said nothing to us.

As part of his probation, Christopher Samenga lost his driver's license for 18 months and will have to use a court-ordered ignition interlock system when he gets back behind the wheel.

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