Outrage Follows Light Sentence For Man With 5 DWIs

NEW YORK (CBS) -- A drunk driver convicted for the fifth time is avoiding serving serious hard time. Now, the outrage is intensifying – and CBS 2 demands answers.

Did he receive preferential treatment?

Judge Meryl Berkowitz told CBS 2 she can't speak about her controversial sentencing because the case is pending.

When confronted by CBS 2's Sean Hennessey, she ducked into her SUV.

Neighbors are stunned that 34-year-old Christopher Samenga is not in prison following five arrests for driving while intoxicated. Out on probation, and lounging on Adirondack chairs, the grandson of a former Supreme Court justice can now sit outside his home on Massapequa's canal.

"Five DWIs, he should be punished to the fullest extent of the law," neighbor John Kritis said. "There should be no exception here."

Mothers Against Drunk Driving has an idea why Christopher Samenga got off easy.

"He's got a connection – his grandfather is a retired judge," Deena Cohen, of M.A.D.D. Long Island, said.

Samenga's drunk driving conviction as a teen is sealed, but in 1998 a DWI earned him probation. Four years later, another conviction led to a two-day jail sentence; in 2003, after driving drunk again, he was again placed on probation. It was the same story when he was caught driving drunk last year.

This time, Samenga crashed into another car at an intersection in Seaford. Police say he had a blood alcohol level of .19, more than double the legal limit.

Nassau County District Attorney Kathleen Rice is blasting the sentence.

"I don't agree with the judge in this case – I don't believe the sentence was appropriate under any circumstances," Rice said.

In New York State, a first DWI conviction carries a maximum prison sentence of one year if it's a misdemeanor, and a felony carries a sentence of between 16 months and seven years.

A second DWI conviction is an automatic felony which carries that same 16 month to seven year sentence.

After three convictions for drunk driving, the maximum penalty doesn't increase – sentences range from 28 months to seven years in jail.

While many are criticizing the action, some legal experts say Samenga probably had very good lawyers, and the judge may have allowed for redemption.

"The judge may be right, the judge may be wrong – we just don't know," Hofstra Law School Professor Nora Demleitner said. "Judges are only human as well."

Judge Berkowitz, who sentenced Samenga to probation, mentioned how he came from "an amazing family," how he'd made an "amazing effort to stay sober," and that she believed he would stay sober.

Christopher's grandfather, Judge Alfred Samenga, denied any suggestion of favorable judicial treatment.

"He even said I should keep out of court so no one gets that impression," he said.

In reaction to the ruling, many in the state are crying for stiffer sentences. After three DWIs, the maximum prison time tops out at 28 months to seven years – even if you're arrested 100 times.

Reached by phone on Tuesday night, Samenga's attorney told CBS 2 this sentence of probation is clearly his client's last chance. An incident during the next five years, he said, will likely send him right to prison.

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