DEER PARK, NY — Progress was made on Tuesday at a court hearing
Christopher Cassar, Schwally's attorney, said he "gave the DA medical records" for a leg injury that made Schwally unable to take his leg off the gas when he drove at high speed through two parking lots and a major roadway before crashing the SUV through the front window of the nail salon in June.
Cassar had been
In addition, Cassar said he "received a written request from the prosecution for a DNA sample" from Schwally, something usually reserved for cases where the identification of the person who committed a crime is in question.
Judge Richard Ambro set the next court date for Feb. 13., Cassar said.
But Schwally, 64, of Dix Hills, was identified at the scene of the crash and he's remained in custody since that fateful day.
At a hearing in July, prosecutors said that Schwally's
Prior to that, Schwally admitted to
The crash killed
After the crash, Schwally pleaded not guilty to the DWI charge and was held on $1 million cash bail, according to reports.
Then on August 1, Schwally was indicted on 38 charges—including four second-degree murder charges—and "
In late August,
Two of the
If convicted, Schwally is facing 25 years to life in prison, Judge Ambro said in court.