A 33-year-old Staten Island driver involved in a deadly 100 mph car race was drunk, prosecutors said Sunday.

Korey Swatz had a blood-alcohol content of .10 - slightly above the legal limit of .08 - as he raced Philip Boney-Scrivano, who was killed when his car crashed early Saturday, according to law enforcement sources.

Boney-Scrivano's body was thrown from the 2009 Honda he bought last week for his 20th birthday when it plowed into a parking meter and utility pole before hitting a Citgo gas pump and exploding in flames.

Swatz, of Staten Island, was arraigned on a DWI charge Sunday and released on $2,000 bail.

He had just met Boney-Scrivano at a local bar, On the Rocks, relatives said.

The men were headed in two cars to White Castle.

Witnesses reported seeing Swatz and Boney-Scrivano racing down Bay St. in the St. George neighborhood at speeds of between 100 mph and 130 mph, the sources said.

At a treacherous bend locals call "Dead Man's Curve" near Hannah St., Boney-Scrivano lost control of the Honda. It skidded wildly for more than 100 feet before hopping a curb, police said.

His body was cut in two when it hit a utility pole.

Boney-Scrivano's passenger, Jean Carlos Aleman, 25, miraculously survived the crash and was rescued from the flaming wreck.

Aleman, who is also Swatz's brother-in-law, suffered serious burns but was released from a Staten Island hospital Saturday.

He was readmitted to the hospital early Sunday.

Aleman denied Swatz and Boney-Scrivano were drag racing.

"I feel bad for the guy's family," he said from his hospital bed.


http://www.nydailynews.com/ny_local/2010/09/06/2010-09-06_booze_factor_in_deadly_si_race.html