By Sadef Ali Kully
A Queens judge has denied a motion to dismiss or reduce a grand jury’s nine-count February indictment for attempted murder as a hate crime of a Long Island man who allegedly ran over a Sikh man in Ozone Park last year after yelling racial remarks, according to court records.
In her decision Acting Queens Supreme Court Judge Toko Serita denied the motion to dismiss the indictment “since the evidence adduced before the grand jury was legally sufficient to sustain the indictment.”
Joseph Caleca, 55, from Setauket, L.I., allegedly parked his truck to confront the victim, Sandeep Singh, 29, and his friends, but then returned to his vehicle and drove head-on into Singh, who became trapped under the truck, according to the criminal complaint filed by the Queens district attorney.
Caleca was charged with dragging Singh along the street until his body dislodged, at which point Caleca fled the scene, the complaint said..
Caleca pleaded not guilty to the charges made against him.
Caleca’s attorney, Murray Richman, alleged that there were defects in the DA’s presentation made to the grand jury but Serita found no such defects, According to the criminal complaint, the victim and three of his friends were standing at the intersection of 101st Avenue and 99th Street on July 30, 2014, when a pick-up truck driven by Caleca approached the group and he allegedly said, “Move your [expletive] ass.” You’re [expletive] slow, you [expletive] Osama. Go back to your country,” before allegedly ramming his truck into Singh. The event was shown in video footage, police said.
Caleca was arraigned in a nine-count indictment in February, charging him with attempted murder as a hate crime and assault as a hate crime, criminal possession of a weapon and leaving the scene without reporting to authorities, the DA said.
Richman also sought the suppression of identification evidence, which was granted to the extent of a Wade/Dunaway hearing, which takes place to prove if a defendant was searched and or arrested illegally. If illegal, any statements, property, and/or identification evidence taken at the time of the arrest can be suppressed and not used against the defendant during a trial.
Richman contended Caleca’s case would not be tried in the press and he would be vindicated of the charges against him in court.
Singh, who required several surgeries, continues to undergo medical treatment for the injuries sustained in the incident.
The next court appearance for Caleca was scheduled for May 27. If convicted, he could face up to 25 years in prison.
