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Man accused in L.I. drugged-driving death was high on cocktail of drugs, never hit brakes, prosecutors allege

There has been a major escalation in the case of a driver accused of killing a construction worker on Long Island.

Thomas Lobianco originally faced a misdemeanor drugged-driving charge, but now he's facing 19-count indictment.

A memorial made up of flowers and candles marks the spot along Townline road in Nesconet, where police say 38-year-old Joel Sicon-Porix of Mastic, a father of three, was killed in August.

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Joel Sicon-Porix of Mastic, top left, a father of three, was killed in the August crash. CBS News New York

Sicon-Porix was working a construction job when prosecutors say a driver blew through a red light, crossed into oncoming lanes, and struck Sicon-Porix and two other workers.

"When it comes to the victims, they never stood a chance," Suffolk County District Attorney Ray Tierney said.

During arraignment Wednesday, Lobianco pleaded not guilty. The 26-year-old Lake Ronkonkoma resident is now facing a 19-count indictment, including aggravated vehicular homicide.

Sicon-Porix's emotional widow and family stood behind the Suffolk County DA moments after the indictment.

"They are obviously devastated," Tierney said.

Prosecutors say not only was he driving at a high rate of speed, he never braked before plowing into the work zone. It is also alleged he was high on a cocktail of drugs, including marijuana and clonazepam.

"Experts will tell you, when you take these substances together, there is a synergistic effect which makes the overall effect even more impairing," Tierney said.

Before the crash, officials say Lobianco was working the night shift at a 7-Eleven a mile away. While it wasn't played in court, prosecutors say video surveillance from inside shows Lobianco, "... swaying, stumbling, nearly falling multiple times and nodding in and out of consciousness throughout the course of that shift."

Tierney said cannabis, clonazepam and drug paraphernalia were also recovered from the defendant's backpack.

One customer told CBS News New York that he was at the 7-Eleven on the night of the incident and alleged Lobianco was so high, he didn't even know how he was working the cash register.

Other customers said the crash should have never happened.

"You smell the stuff pumping out of car, and I don't even know how they see when they're driving," Lake Ronkonkoma resident Dave Beierle said.

Robert Macedonio, Lobianco's defense attorney said the lab reports he received are still inconclusive.

"We need further toxicology reports to make a determination what was his level of impairment, if anything, at the time of the operation and the accident," Macedonio said.

If convicted, Lobianco could face up to 25 years behind bars. His bail was set at $7.5 million and he's due back in court on Oct. 14.

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