Prosecutors say Steven Schwally was the driver seen on surveillance video, whose car sped and flew into a nail salon in Deer Park.
Schwally, 64, appeared in court in Riverhead on Thursday. He said nothing but his name to the judge.
He was indicted on four counts of second-degree murder, and manslaughter, as well as multiple counts of aggravated vehicular homicide, vehicular manslaughter, assault, vehicular assault, driving while intoxicated, reckless endangerment, reckless driving, and speeding. He was charged with 38 counts in total.
Prosecutors say Schwally's speech was slurred, eyes were bloodshot and his breath smelled of alcohol at the time of his arrest in June.
The marine veteran was arrested in 2013 for driving while intoxicated as well.
Surveillance video captured terrifying the moments Schwally's Chevy Traverse plowed through the front glass doors of the Hawaii Nail Spa as employees and customers sat inside on a Friday afternoon.
Police say Schwally sped through a parking lot across the street before crashing his car into the store.
Prosecutors say he was going 78 mph at the time of the crash and the accelerator pedal was 99% down. They added that he actually increased his speed before the crash.
The four bodies of deceased were stuck under the vehicle. Firefighters had to remove them first before they could extract Schwally.
Prosecutors say three people of the nine others hurt had serious injuries.
Four people were killed, the owner of the salon who was known as Ken Chen, two employees, Yan Xu and Meizi Zhang, and 34-year-old off-duty NYPD Officer Emilia Rennack. She was there getting her nails done before a wedding.
Prosecutors say inside his car they found two huge empty bottles of Long Island iced tea and one full bottle. They say that was his drink of choice and he went to a local liquor store daily, sometimes twice daily, to get it and had for years. Receipts show he purchased the two large bottles of Long Island iced tea at 11:03 a.m. the morning of the crash.
They say after the accident as he was going to the hospital, Schwally never asked if he hurt anyone or killed anyone. He only said, "I haven't broken any laws. Can I get my license back? I'm a Marine. I'm *expletive.*"
Chen's brother and sister were in the courtroom for the arraignment on Thursday.
"He definitely need to pay for what he did and he should never be bailed out, he should never get out of jail," said his brother Steven Chen.
Steven Chen called Schwally "a monster."
"We know there's still a long road to justice in this case and we're going to be there by the sides of all the families in this case until this individual is convicted, sentenced and stays behind bars where he belongs," said Patrick Hendry, NYPD PBA President.
Schwally pleaded not guilty to all the charges. He faces 25 years to life behind bars if convicted.
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