Prosecutors seek cheek swab to boost DNA evidence against Steven Schwally in nail salon crash case

Suffolk prosecutors are looking to strengthen DNA evidence they allege shows Steven Schwally drank the two empty bottles of 42-proof liquor found inside his SUV after he drove it through a Deer Park nail salon killing four last June, court records show.

The Suffolk County District Attorney’s Office is seeking a cheek swab of Schwally, 64, to serve as a comparative analysis to a DNA profile from a blood test of the driver that matched DNA swabs taken from the 375 mL bottles, Assistant Suffolk County District Attorney Alexander Bopp wrote in an affidavit filed Tuesday.

"At this point, DNA evidence belonging to a male has been found on the swabs taken from the Montebello Long Island Iced Tea Cocktail bottles located within the 2020 Chevrolet Traverse that was found within Hawaii Nail & Spa ... of which [Schwally] was the driver," Bopp wrote. "The analysis of these swabs matches the DNA profile of [Schwally’s] hospital blood."

The blood analysis, investigators say, constitutes probable cause that Schwally committed the crime and entitles them to ask the court to compel him to give the cheek swab. 

That blood test also revealed to investigators that Schwally, a former Dix Hills resident who was living alone in a Commack motel, had a blood alcohol content of .17%, more than twice the legal limit, two hours after the crash, court records show.

Defense attorney Christopher Cassar, of Huntington, said shortly after a conference held Tuesday that he had not yet reviewed the buccal swab application made by the district attorney’s office. He said he is continuing to review the evidence in the case, while also turning over to prosecutors medical evidence he said shows Schwally suffers from a leg injury that likely contributed to the crash.

"It’s a lot of evidence," Cassar said. "We will evaluate it and make a determination of what options we have to proceed."

Cassar said Schwally, who appeared in court in a wheelchair Tuesday, is "trying to keep his spirits up" as he continues to stay in the Suffolk County jail after pleading not guilty following the June 28 crash.

"He’s very remorseful for what occurred," the attorney said.

The crash killed salon co-owner Jian Chai Chen, employees Yu Xan and Meizi Zhang and off-duty NYPD officer Emilia Rennhack. Nine others were injured, prosecutors said.

The court papers filed Tuesday allege Schwally left his room at the Commack Motor Inn at 10:30 a.m. the morning of the crash, filled the gas tank of his SUV and purchased two bottles of alcohol shortly after 11 a.m. at a liquor store next to the nail salon.

Schwally then drove around the Deer Park area "for the remainder of the day" before security cameras show him at around 4:30 p.m. speeding through a busy shopping center across from the salon, nearly striking pedestrians, and crossing over Grand Boulevard and into the salon, court records show.

Schwally is due back before Suffolk Supreme Court Justice Richard Ambro Feb. 13. The defense has until Jan. 24 to inform prosecutors and the court should it choose to contest the request for the buccal swab, Ambro said Tuesday.

By Grant Parpan

grant.parpan@newsday.com@GrantParpan

Grant Parpan covers Suffolk County courts and federal courts for Newsday. A Long Island native, he joined Newsday in 2022.