DA Reviewing Case Against Worker After Tree Fell On Boy

The Suffolk County District Attorney's office is reviewing the case against a Springs man charged with reckless endangerment after a tree he was cutting down fell on a 5-year-old boy.

East Hampton Town police arrested Luis C. Gutama, 57, right after the April 26 incident.

Gutama said he was hired to perform yard work at 262 Three Mile Harbor-Hog Creek Road in Springs, police said. He used a chainsaw to cut down three trees that the homeowner, Renee Gaudino, wanted removed, according to police.

The first two trees had been cut without any issues, but the third fell into the neighbor's yard at 264 Three Mile Harbor Rd. at about 7:05 p.m.

It landed on the 5-year-old boy, fracturing the right side of his skull, requiring surgery, police said. His two front teeth were also broken.

The Springs Fire Department treated him, and he was airlifted to Stony Brook Hospital.

Gutama was charged with second-degree reckless endangerment, a misdemeanor, at 8:50 p.m. According to the penal law, the charge is levied when a defendant "engages in conduct which creates a substantial risk of serious physical injury to another person."

He was released on his own recognizance with an appearance ticket.

Detective Lt. Chris Anderson said the case is being reviewed by the Suffolk County District Attorney's office.

Gutama is due in East Hampton Town Justice Court on May 16, according to DA spokesman Robert Clifford.