Two charged with drugged driving

SAYVILLE, N.Y.

Both indictments, he says, show how oxycodone and other prescription drugs are increasingly linked to fatal accidents.

He was only 5 years old, but John Gaffney never stood a chance back on December 10th as he headed out east to buy a Christmas tree with his brother and sister and their parents.

They were all properly strapped in, riding in the family pickup truck, when out of nowhere a car slammed into them from behind sending the truck flying off the road.

"Here's a young kid, a 5-year-old kid who's going to pick up a Christmas tree, go home, and decorate it and hopefully have a Merry Christmas, and he's dead," Suffolk County District Attorney Tom Spota said.

Monday, Suffolk County District Attorney Tom Spota unveiled an indictment against 30-year-old Steven Kinalis for driving high on a cocktail of Oxycontin, Xanax, and muscle relaxers.

But what's worse, just two days before the crash, Spota says one doctor had prescribed five prescriptions for pain pills, including two for Oxycontin, a total of 480 pills.

"I'm sure they're abusing their oath. It's a matter of proving it. We are taking our time and looking into these matters," Spota said.

Spota would not name the doctor or comment on possible charges.

A special grand jury is now looking into the Long Island crisis of doctor shopping.

It's when addicts move from doctor to doctor to feed their addictions.

John Gaffney is just the latest in a string of innocent victims.

A month later, his parents are still too distraught to talk about him.

Neighbor Tracy Sinqueman says the doctor who wrote those scripts should pay.

"It's a shame, it's a crime, and they should be held accountable as well as the person who committed the crime," Sinqueman said.

The second driver indicted, Elizabeth Peacock, was arrested on New Year's Eve after striking a mother and fatally injuring her daughter.

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