Since January 2012, Streetsblog has maintained a database of all known pedestrians and cyclists killed by drivers in New York City. We collect as much information on each crash as possible, including any charges filed against the motorists who took the victims’ lives.
Of over 400 fatalities tracked by Streetsblog in three years, in only two instances that we know of did a city district attorney file homicide charges against a driver for killing a pedestrian or cyclist following a crash that did not involve one or more aggravating factors, such as impairment by alcohol or drugs, hit-and-run, evading police, or striking a victim intentionally. In 2014, the inaugural year of Mayor de Blasio’s Vision Zero initiative, there were no such prosecutions.
“Why is it that if you kill someone while driving drunk, the district attorney will press charges, but not if you kill or maim someone through reckless behavior on the road,” said Amy Cohen, whose 12-year-old son Sammy Cohen Eckstein was killed by a driver in Brooklyn in 2013, in a press release from Transportation Alternatives. On Sunday, TA and Families For Safe Streets will hold a rally at City Hall to “call on the City’s five district attorneys to become partners in the Vision Zero effort to eliminate traffic fatalities and serious injuries.”
In the past three years, according to Streetsblog data, New York City motorists killed at least 27 children age 14 and under. Five of those drivers were charged for causing a death. Of those five, two were also accused of DWI, one fled the scene, and one was being chased by police. Only once since January 2012 has a city DA charged a sober driver who remained at the scene, and was not fleeing police, for fatally striking a child.
One year ago Saturday, a cab driver hit 9-year-old Cooper Stock and his father in an Upper West Side crosswalk. Cooper was killed, his father injured. The driver was ticketed for careless driving and failing to yield the right of way, but NYPD and Manhattan DA Cy Vance filed no criminal charges. ”Most New Yorkers don’t understand the reality that a driver can kill or maim your loved one, and then get back in their car and drive off, with no consequences,” said Dana Lerner in the TA press release.
TA wants the City Council, which has a say in how much money DAs get from the city budget, to begin holding oversight hearings on whether prosecutors are helping advance the goals of Vision Zero, as well as new legislation to compel DAs to release information about their cases. Three district attorneys — Richard Brown in Queens, Robert Johnson in the Bronx, and Dan Donovan in Staten Island — are up for re-election this year.
“District attorneys are the people’s prosecutors, and they must champion public safety,” said Paul Steely White, TA executive director. “The public needs more information about how D.A.s determine whether to prosecute after serious crashes, and how often they bring charges.”
Sunday’s rally begins at 2 p.m. on the City Hall steps.