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DA Ken Thompson: Charges for Punching Driver, No Charges for Killing Child

Brooklyn DA Ken Thompson filed charges against the man accused of punching the driver who killed Jadann Williams, but did not charge the driver.

Brooklyn DA Ken Thompson filed charges against the man accused of punching the driver who killed Jadann Williams, but did not charge the driver.

Brooklyn District Attorney Ken Thompson is prosecuting the man accused of punching the driver who killed 8-year-old Jadann Williams in Flatbush, but Thompson filed no charges against the driver.

Jadann was playing with a group of kids on E. 22nd Street on the afternoon of August 26 when a man identified by the Daily News as Reginald Auguste hit her with an SUV. Jadann suffered head trauma and died at Kings County Hospital.

East 22nd Street north of Ditmas Avenue, where the crash occurred, is a narrow, two-way cul-de-sac lined with apartments. The News said Auguste “lived on the block and was known for having a lead foot.” A witness said he “tried to press the brake, but went 15 to 20 feet before he stopped,” an indication that Jadann might be alive today if Auguste had been driving slower.

“The guy was a known speeder,” another witness told the News. “You know the children are present. You have to drive at a decent speed.”

While NYPD let Auguste go, police arrested Ryan Romans, who knew Jadann and witnessed the crash, for allegedly punching Auguste in the face.

NYPD and Thompson filed a number of charges against Romans, including misdemeanor assault, misdemeanor attempted assault, misdemeanor menacing, and harassment, according to court records. The top count against Romans is the assault charge, which carries a maximum penalty of a year in jail.

Romans was released without bail after his arrest. His next court date is in October.

Read more…

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James Oddo Calls for Wider Roads Hours After SI Traffic Violence Claims Life

A UPS worker who lost a leg when a Staten Island driver slammed into him in April has died. NYPD and Staten Island prosecutors issued no summonses and filed no criminal charges in the case.

Tom Ryan. Photo via SI Advance

Tom Ryan. Photo via SI Advance

Tom Ryan, 52, was unloading packages from his truck at 2044 Hylan Boulevard on the morning of April 6 when a driver hit him with a Toyota sedan, according to the Staten Island Advance. NYPD told the Advance the driver was in the left, northbound lane and “tried to avoid hitting a pedestrian who crossed in front of his vehicle.”

The driver lost control of his vehicle and it swerved into the right lane, striking and pinning Ryan against the back of the UPS truck, police said.

Ryan, of Bayonne, died this week, the Advance reported.

The impact from the crash severed one of his legs, causing him to bleed profusely and go into cardiac arrest. He slipped into a coma due to the loss of oxygen to his brain, and never regained consciousness, his wife [Elise Ryan] said.

“He had an anoxic brain injury — that was more of his injury than even the leg,” the grieving wife explained.

The driver who killed Ryan was not identified. Despite indications that driver speed contributed to the crash — and was likely the difference between whether Ryan lived or died — no charges were filed by police, former district attorney Dan Donovan, or acting DA Daniel Master Jr., who took office in May, after Donovan was elected to Congress.

The crash that killed Tom Ryan occurred in the 122nd Precinct — where as of July local officers had ticketed 1,180 drivers for speeding in 2015 — and in the City Council district represented by Steve Matteo.

According to DOT, while overall NYC pedestrian deaths have dropped by nearly 50 percent in the last 30 years, the number of people killed by drivers while walking in Staten Island has not declined. But making streets safer is not a priority for Staten Island electeds.

Matteo has one of the worst records in the council on safe streets legislation. He was one of four council members, along with former Staten Island rep Vincent Ignizio, to vote against lowering the city speed limit. Matteo has said he believes speed cameras are a revenue scam.

When he was on the council, Matteo’s predecessor James Oddo, who is now borough president, called for requiring an environmental review for new bike lanes. Hours after news broke of Tom Ryan’s death, Oddo took to Twitter to brag about upcoming road widenings and call for more such projects on Staten Island.

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NYPD: No Charges for Driver Who Killed Woman on Midtown Sidewalk

Southwest corner of Second Avenue and E. 49th Street, where a driver came to a stop after hitting three people on the sidewalk, pinning Mallory Weisbrod to a pole. Weisbrod died. The driver was not charged. Image: Google Maps

Southwest corner of Second Avenue and E. 49th Street, where a driver came to a stop after hitting three people on the sidewalk, pinning Mallory Weisbrod to a pole. Weisbrod died. The driver was not charged. Image: Google Maps

Update: Newsday identified the driver as Dimas Debrito.

A driver who hit three people on a Midtown sidewalk, killing a 24-year-old woman, was not charged with a crime by NYPD or Manhattan District Attorney Cy Vance.

On Monday August 10, at around 4:24 p.m., Mallory Weisbrod was walking along Second Avenue at E. 49th Street when a motorist drove a Mercedes onto the curb, according to published accounts. Weisbrod was pinned against a pole and suffered severe injuries to her legs. The driver hit two other women — ages 21 and 23, according to WABC — one of whom was also hospitalized.

Weisbrod died last Sunday at Bellevue Hospital.

The Daily News reported that according to police, “the 64-year-old driver lost control after being cut off by another car,” and photos of the scene show the car with extensive front-end damage — indications that speed was a likely factor in the crash.

The crash happened in the 17th Precinct, where as of July local officers had ticketed 82 drivers for speeding in 2015.

The driver’s name was not released, and NYPD made no arrests. NYPD told Gothamist the investigation was “ongoing,” which usually means the Collision Investigation Squad hasn’t completed a report. Right of Way Law violations excepted, NYPD and New York City district attorneys rarely file charges for a serious crash after the driver is released from the scene.

Of the Daily News, the Post, and DNAinfo, the Daily News was the only outlet to mention the driver in its coverage of the crash.

The crash that killed Mallory Weisbrod and injured a second victim occurred in the City Council district represented by Dan Garodnick, and in Community Board District 6.

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Driver Pleads to Felony in Hit-and-Run Death of Manhattan Pedestrian

Doohee Cho. Photo via Daily News

Doohee Cho. Photo via Daily News

A driver who killed a Union Square pedestrian pled guilty to a felony hit-and-run charge this week.

Doohee Cho, 33, was crossing Fifth Avenue between E. 15th and E. 16th streets in the early morning hours of September 28, 2014, when Macgyver Beltran hit him with a Chevrolet sedan, according to published reports.

Police arrested Beltran two days later, after releasing video of him speeding away from the scene in the visibly damaged car. Beltran had taken the car, a rental, to have it repaired, the Post reported.

Beltran, then 25, had an arrest record that included a reckless driving offense, the Post said.

According to court records, Beltran was charged with leaving the scene of an injury crash and evidence tampering, class D and E felonies, respectively. He pled guilty to both charges on Tuesday.

Manhattan District Attorney Cy Vance did not charge Beltran for the act of killing Doohee Cho.

The top charge against Beltran — leaving the scene — carries penalties ranging from probation to seven years in prison. He is scheduled to be sentenced on August 26.

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NYPD: Driver Error Caused Crash That Killed Mike Rogalle

NYPD determined that a driver pinballing down a Manhattan street caused a curb-jump crash that killed a pedestrian, but police and District Attorney Cy Vance filed no charges.

Mike Rogalle

Mike Rogalle

UPS delivery man Mike Rogalle, 58, was working his Financial District route on April 17, 2012, when an SUV driver ran him over on the sidewalk outside 15 Beekman Street. Rogalle was removed from life support days later.

Media reports said there were two adults and two small children in the SUV. The press identified the male adult passenger as an FDNY inspector, and said a woman was driving. The names of the people in the SUV were not reported in the press or disclosed by NYPD.

Last May NYPD rejected a FOIL request for documents pertaining to the crash. Vance’s office, responding to a separate FOIL filing, said it had no record of an investigation.

We appealed the NYPD FOIL denial, and in July the department sent us a one-page report on the crash, embedded below, with the name of the SUV driver and other information redacted.

According to the NYPD report, the driver, traveling westbound on Beekman, “struck the right curb then veered left” to avoid a “parked unoccupied vehicle” before “accelerating and mounting the south sidewalk,” striking Rogalle from behind and pinning him between the SUV and the entrance to 15 Beekman Street.

NYPD concluded that “operator error” caused the crash. According to the police report, the investigation was concluded on June 18, 2015 — more than three years after the crash and a few weeks after the department received the Streetsblog FOIL request.

Vance recently secured a felony indictment against a driver who injured a woman on the sidewalk near where Rogalle was killed.

Read more…

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DA Richard Brown: $500 Fine for Hit-and-Run Driver Who Injured Senior

Pursuant to a plea deal with Queens District Attorney Richard Brown, an allegedly unlicensed and impaired motorist who reportedly has a history of reckless driving arrests was sentenced to a small fine and probation for running over a senior and trying to flee the scene.

richardbrown

Queens DA Richard Brown

William Stafford “plowed his 2005 BMW into an 89-year-old man” at 25th Avenue and 44th Street in Astoria last October, the Daily News reported.

He stopped and tried to drive away, but horrified witnesses said they stopped him from speeding off.

The senior, known in the neighborhood as Benny, was bleeding from the ears.

Stafford was arrested two times before, once for driving on a suspended license in 2008 and once for drunk driving in 2009.

Brown charged Stafford with felony assault, felony leaving the scene, operating a motor vehicle while impaired by drugs, aggravated unlicensed operation, and other offenses. But in May, Brown dismissed the top charge — felony assault — and allowed Stafford to plead guilty to one count of misdemeanor leaving the scene.

Stafford could have gotten a year in jail. On Monday Judge Dorothy Chin Brandt sentenced him to a $500 fine and three years probation, plus $88 in court costs, according to court records.

Richard Brown, who has a horrendous record of failing to prosecute drivers who hurt and kill people, is currently running unopposed for another term. He has held the office of Queens DA since 1991.

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Vance Nets Felony Indictment for Driver in Beekman Sidewalk Hit-and-Run

A woman accused of deliberately driving onto a sidewalk in the Financial District, injuring a pedestrian, and leaving the scene was indicted on felony charges today, according to the office of Manhattan District Attorney Cy Vance.

Cy Vance. Photo: Manhattan DA

Vance says Tiffany Murdaugh was behind the wheel of her Dodge Challenger on the morning of April 13, 2015, when she drove for close to half a block on a crowded Beekman Street sidewalk, nearly striking a mother and two young children before knocking another woman to the ground.

Murdaugh continued down the sidewalk “at the same high rate of speed” before turning onto Beekman Street and leaving the scene, according to the DA’s office. Murdaugh was allegedly involved in a second collision in Brooklyn shortly after the Manhattan crash.

The Manhattan victim, 37-year-old Heather Hensl, was hospitalized with a broken leg and a head laceration.

The Downtown Express reported that video showed the driver “backing up several times in order to be able to make the turn onto the sidewalk and head west past a traffic jam” before hitting Hensl. Police and prosecutors reviewed video evidence and interviewed witnesses to build the case against Murdaugh, according to Vance’s office.

Murdaugh, 34, was charged with two counts of assault, one count of reckless endangerment, and two counts of leaving the scene. The top count of the indictment was first degree assault, a class B felony, which carries penalties ranging from five to 25 years in prison. In total, Vance charged Murdaugh with four felony offenses and one traffic violation.

“Pedestrians have the right to feel completely safe and secure on our sidewalks and when crossing the street, which is why the conduct this driver is accused of is so egregious,” Vance said in a press release. “After allegedly striking and seriously injuring a female pedestrian, the defendant is accused of fleeing the scene. There is no place for this type of recklessness in New York City.”

Citing the evidence and seriousness of the charges against Murdaugh, prosecutors asked Judge Gregory Carro to set bail at $100,000. Carro declined. Murdaugh is free on $2,500 bail.

New York City district attorneys don’t normally charge hit-and-run drivers for the act of causing injury or death, but Vance shows signs of bucking that trend. In other cases now in progress, Vance charged the drivers accused in the deaths of Robert Perry and Charity Hicks with manslaughter.

Murdaugh’s next court appearance was scheduled for August.

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Will Ken Thompson Charge Driver Who Killed Alejandro Moran-Marin?

No charges have been filed against the driver who killed a cyclist and injured several other people in a multi-vehicle crash in Brooklyn last week, according to the office of District Attorney Ken Thompson.

Claudio Rodriguez was driving against traffic on Fourth Avenue when he hit Alejandro Moran-Marin head-on near Atlantic Avenue, according to reports. Moran-Marin died instantly.

Rodriguez hit two other vehicles, sending four people to the hospital. The crash scene stretched for blocks. Photos showed pieces of Moran-Marin’s bike protruding from the front wheel of the SUV Rodriguez was driving.

A witness told the Daily News he thought Rodriguez was trying leave the scene because he backed up after hitting the first vehicle, a Toyota sedan, before striking Moran-Marin. Published accounts said Rodriguez told police he had a seizure because he didn’t take his medication.

In 2009, sanitation truck driver Auvryn Scarlett was convicted of murder for killing two Manhattan pedestrians after failing to take medication for epilepsy.

We emailed Thompson’s office to ask about the status of the investigation, and whether NYPD or the DA had failed charges against Rodriguez. “This investigation is continuing,” a Thompson spokesperson replied.

Streetsblog will follow this story as it develops.

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Cy Vance: Repeat Hit-and-Run Killer Shouldn’t Drive Again; Judge: Disagree

A driver who killed two people in separate hit-and-run crashes could be driving again in two years after a judge disregarded a sentencing recommendation from Manhattan District Attorney Cy Vance.

020713beerdriver

Jack Montelbano killed two people in separate hit-and-run crashes. Manhattan DA Cy Vance recommended he never be allowed to drive again, but a judge revoked his license for just two years. Photo: Facebook via Gothamist

In 2013 Jack Montelbano ran over 69-year-old Shu Ying Liu with a private dump truck as Liu crossed 41st Street at Ninth Avenue in the crosswalk and with the right of way. Montelbano kept driving, and was later arrested in New Jersey, where he lived and where the truck was registered.

Vance charged Montelbano with felony leaving the scene, and last month he was convicted at trial.

Montelbano had killed while driving before. Incredibly, according to Vance’s office, he fatally struck another person and left the scene at the same Manhattan intersection in 2008.

Vance’s office said Montelbano was involved in a third hit-and-run crash, after which he registered a blood alcohol content of .18.

Montelbano accumulated over 20 offenses on his driving record in 30 years, according to Vance’s office, including speeding, following too closely, and driving with a suspended license. Some of those incidents occurred while Montelbano was operating commercial vehicles, Vance’s office said.

Given the class D felony conviction and Montelbano’s exceptional history of reckless driving, prosecutors recommended a sentence of two to six years in state prison and a permanent license revocation.

Instead Judge Anthony Ferrara sentenced Montelbano to six months in jail and five years probation, and revoked his driving privileges for two years. Per the terms of the sentence, Montelbano is prohibited from driving a commercial vehicle for five years, and his New York commercial vehicle license was permanently revoked.

“This driver showed cowardly and callous disregard for human life when he knowingly abandoned a critically injured person who wound up dying from injuries related to this crash,” said Vance spokesperson Joan Vollero, in a statement emailed to Streetsblog. “Making city streets safer for all New Yorkers is a priority for this Office, and has been the guiding principle behind our participation in regular meetings with the NYC Department of Transportation, Vision Zero panels, discussions with members of Families for Safe Streets and Transportation Alternatives, among others.”

In New York State, a revocation means a driver must apply to have his license reinstated. From what we can tell the process is similar in New Jersey. While it’s possible Montelbano won’t get his license back, Ferrara could have taken a reckless killer off the roads for good.

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Cy Vance to Albany: TWU Bill Would Hinder Cases Against Drunk Drivers

Manhattan District Attorney Cy Vance sent a letter to state lawmakers warning that a bill to prevent police from detaining bus and taxi drivers at crash scenes would undermine law enforcement’s ability to collect evidence of impaired driving.

The bill, which sailed through the State Senate yesterday with no public notice and without a public hearing, would bar police from detaining many professional drivers — including bus drivers, taxi drivers, and limo drivers — following a crash. Instead, a driver suspected of breaking the law would receive a desk appearance ticket.

The bill passed the Senate at the behest of the Transport Workers Union, which doesn’t think bus drivers who kill and injure people should be subject to charges under the NYC Right of Way Law.

On Tuesday, Vance sent a letter to Senate Majority Leader John Flanagan and Assembly Speaker Carl Heastie. It read:

Although the amended bill attempts to exclude drivers who may be driving under the influence of alcohol, police officers often conduct field sobriety tests even when there is no immediate suspicion of impairment, and must often wait a significant period of time for the arrival of equipment to conduct those tests. By prohibiting the detention of omnibus drivers at the scene of collisions, the bill prevents law enforcement from gathering evidence vital to bringing criminal charges in appropriate cases.

“In a city full of pedestrians and cyclists, we should be working on ways to make the city safer for New Yorkers, and certainly not promoting changes that would hold some drivers to a lower standard than others,” Vance wrote. “For these reasons, I urge our lawmakers to vote against this bill.”

NYPD and Mayor de Blasio’s office oppose the bill, along with Families for Safe Streets, Transportation Alternatives, and Mothers Against Drunk Driving.

The bill is now in the Assembly, where it’s the last day of the 2015 legislative session. Families of people killed by New York City drivers are in Albany today trying to convince Assembly members to stop the bill. You can support them by contacting your representative right now.