No Charges for Curb-Jumping Driver Who Killed Michael Munoz in Queens

Photo: New York Post

Another curb-jumping driver has killed a NYC pedestrian, and as usual no charges have been filed by NYPD.

Michael Munoz, 42, was selling water on a Whitestone Expressway service road at 20th Avenue, in Queens, when he was struck at around 2:15 p.m. Monday. From WABC:

The 78-year-old driver was in a black Toyota Camry when investigators say for one reason or another, the driver lost control of the vehicle and slammed into Munoz and a steel post that holds a gate entering a corporate plaza.

The car hit with such force that it nearly pushed the post out of the asphalt.

Munoz died at New York Hospital in Queens. The driver and a passenger were treated for injuries.

Michael Munoz. Photo via NY Post

Neither police nor WABC reporter Joe Torres are apparently interested in why the driver “lost control,” but Torres does include this bit of victim-blaming: “Eyewitness News has learned that Munoz sold water not just from the sidewalk, but also from right on the service road.”

At least nine NYC pedestrians have died in 2013 after motorists drove onto sidewalks, according to crash data compiled by Streetsblog, and countless victims have sustained life-altering injuries. Unless a driver is drunk or fleeing police, curb-jump crashes, no matter how severe, rarely result in criminal charges. City Council Member Mark Weprin is exploring the possibility of legislation that would make it a crime to drive on a New York City sidewalk.

Reports say Munoz suffered a serious head injury, and that a witness performed CPR until responders arrived. He lived in a nearby hotel with his father, and was selling bottles of water to motorists after he lost his job as a tennis coach, according to the Queens Courier and the Post.

The victim’s brother told WABC that their mother was killed by a driver years ago. “I’m angry but that’s not gonna do nothing, I’m more sad because I’m not going to see my brother again,” said Raphael Munoz. “We were just making plans to go see my mother at the graveyard.”

Less than four hours after the crash, the Post reported that, according to NYPD, “no criminality” is suspected.

This fatal crash occurred in the 109th Precinct. To voice your concerns about neighborhood traffic safety directly to Brian J. Maguire, the precinct’s commanding officer, go to the next community council meeting. The 109th Precinct council meetings happen at 7:30 p.m. on the second Wednesday of the month at the precinct, 37-05 Union Street in Flushing. Call the precinct at 718-321-2268 for information.

Michael Munoz was killed on the border of City Council districts represented by Dan Halloran and Peter Koo. Halloran is a lame duck under federal indictment. Contact Koo to encourage him to take action to improve street safety in his district and citywide.