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NYPD Denies Request for Files Related to Fatal Manhattan Curb-Jump Crash

Mike Rogalle appeared in a promotional video with Neil deGrasse Tyson, who noted his death on Facebook. Image: NOVA/YouTube via Facebook

Mike Rogalle appeared in a promotional video with Neil deGrasse Tyson before Rogalle was killed by a curb-jumping motorist in 2012. The driver was not charged. Image: NOVA/YouTube via Facebook

NYPD rejected a Streetsblog freedom of information request for files related to a curb-jump crash that killed a Manhattan pedestrian in the Financial District three years ago.

UPS man Mike Rogalle was working his regular route on the afternoon of April 17, 2012, when an SUV driver ran him over on the sidewalk outside 15 Beekman Street. Witnesses described an unthinkably gruesome scene, with Rogalle trapped under the vehicle before he was taken to the hospital in critical condition. Rogalle, 58, was removed from life support a few days after the crash.

Reports said there were two adults and two small children in the SUV at the time of the crash. The adult passenger, a man, was identified in the press as an FDNY inspector, and the driver was reportedly a woman. The names of the people in the SUV were not reported by the media.

NYPD and Manhattan District Attorney Cy Vance filed no charges against the driver who killed Mike Rogalle.

On May 7, Streetsblog filed a FOIL request for records pertaining to the crash that killed Rogalle. On May 19, NYPD Lieutenant Richard Mantellino rejected the request, citing “an unwarranted invasion of personal privacy.” NYPD could have released the records with personal information redacted, but instead denied our request outright. Mantellino’s letter is embedded after the jump.

Streetsblog is appealing NYPD’s rejection of our request. On Tuesday we filed a separate FOIL request for relevant records from DA Vance’s office.

Last month a hit-and-run driver ran over a woman on the sidewalk near the spot where Rogalle was hit. Vance filed felony charges in that case. Both crashes occurred near Spruce Street School, where, according to parents who have kids there, motorists regularly use the sidewalk to drive around traffic. Spruce Street parents and administrators asked DOT for improvements to Beekman before Rogalle was killed. DOT installed a stop light and street markings at Beekman and William streets but has not implemented measures, such as bollards, to keep drivers off the sidewalk.

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Will NYPD Charge Driver Who Rammed Woman on Sidewalk and Left Scene?

Beekman Street, with Spruce Street School and New York Presbyterian Lower Manhattan Hospital at right, where a driver hit Heather Hensl on the sidewalk and left the scene. Parents say motorists routinely drive on the sidewalk in front of the school to get around traffic. Image: Google Maps

Beekman Street, with Spruce Street School and New York Presbyterian Lower Manhattan Hospital at right, where a driver hit Heather Hensl on the sidewalk and left the scene. Parents say motorists routinely drive on the sidewalk in front of the school to get around traffic. Image: Google Maps

A motorist who deliberately drove down a Manhattan sidewalk, rammed a pedestrian, left the scene and reportedly hit a second person in Brooklyn might not be charged with a crime, according to one of the victims.

Heather Hensl was walking on Beekman Street near William Street on April 13 when a motorist struck her, knocking her to the ground, lacerating her head and fracturing her leg. The driver did not stop. In an email to Downtown Express, Hensl, a 37-year-old physician assistant, said she is on crutches and may require knee surgery, in addition to physical therapy.

The crash occurred near Spruce Street School. Parents of kids who attend the school say it’s not unusual for motorists to use the sidewalk to drive around traffic.

From Downtown Express:

Video viewed by Downtown Express shows 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.

Captain Mark Iocco, the First Precinct’s commanding officer, said the same car was involved in an accident in Brooklyn about 30 minutes after that incident. The car was pulling into a parking spot and hit an elderly lady, he said at last week’s meeting of the First Precinct Community Council. The elderly woman couldn’t identify her, and could only confirm that the driver was a female, he said.

The suspect has filed an insurance claim. The police are working with the insurance company and they are “investigating her up and down,” said Iocco.

The driver barely missed striking other people on Beekman, including children, who were able to get out of her path, DNAinfo reported. “[The driver] drove on the sidewalk as if it was a lane,” one witness said. “So fast that I turned my head and I didn’t see the car.”

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No Felony Charge From Queens DA for Repeat Reckless Driver Who Hit Senior

Queens District Attorney Richard Brown agreed to drop felony charges against an unlicensed and allegedly impaired driver who ran over a senior and tried to flee the scene. Brown allowed the motorist to plead to a misdemeanor.

richardbrown

Queens DA Richard Brown

On October 21, 2014, William Stafford “plowed his 2005 BMW into an 89-year-old man” at the intersection of 25th Avenue and 44th Street in Astoria, the Daily News reported.

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

“It’s like the whole neighborhood got together and followed him,” witness Lili Skorpanic, 54, said.

At least three motorists held him for police, who took him into custody without incident.

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

NYPD recorded the incident as an injury crash in the department’s October collision data report.

According to the Daily News, “Stafford was arrested two times before, once for driving on a suspended license in 2008 and once for drunk driving in 2009.” After the October crash, Brown charged Stafford with felony assault, felony leaving the scene, operating a motor vehicle while impaired by drugs, aggravated unlicensed operation, and other offenses, according to court records.

But on Monday, Stafford pled guilty to one count of misdemeanor leaving the scene, court records say. The felony assault charge was dismissed. For hitting an 89-year-old man with a car and attempting to flee the scene, Stafford faces a maximum penalty of a year in jail. The sentence will likely be lighter.

Brown has a long history of failing to impose serious consequences on motorists who injure, maim, and kill people. Brown filed no charges against a man who drove onto a sidewalk and ran down five children outside a school in Maspeth. When a motorist ran over 3-year-old Allison Liao in a Flushing crosswalk, Brown’s office defended him and wrote off the crash as an “accident.”

William Stafford is scheduled to be sentenced in June. Richard Brown is up for reelection later this year.

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Parents of Lucian Merryweather: Our Son’s Killer Should Never Drive Again

Vigil for Lucian Merryweather, November 5, 2013. Photo: Fort Greene Focus/Ben Brody/Flickr

Vigil for Lucian Merryweather, November 5, 2013. Photo: Fort Greene Focus/Ben Brody/Flickr

This week, Anthony Byrd was formally sentenced for fatally striking 9-year-old Lucian Merryweather on a Brooklyn sidewalk.

On November 2, 2013, Byrd drove a Ford SUV into two cars and a building after swerving to avoid two people in a crosswalk at DeKalb and Clermont Avenues. He then made a U-turn and drove against traffic on DeKalb, struck a woman in a crosswalk, hit a parked vehicle, and drove onto the sidewalk a second time, striking Lucian and his younger brother.

Byrd was charged by former DA Charles Hynes with second degree assault — a class D felony — criminally negligent homicide, and other charges and traffic infractions. However, Byrd was indicted on a top charge of homicide — a class E felony, the least severe felony category — and the class D second degree assault charge was reduced to misdemeanor assault, according to court records.

In March, District Attorney Ken Thompson and Byrd agreed to a plea arrangement of five years probation, 20 days of community service, and a five-year license revocation.

Lucian’s parents, Anna Kovel and Greg Merryweather, sent us a statement on Byrd’s plea deal, printed below in its entirety.

We, the parents of Lucian Merryweather, who was killed by a reckless driver on November 2, 2013, in Fort Greene, Brooklyn, worked closely with the Brooklyn District Attorney’s office to construct a plea bargain deal for the driver, Anthony Byrd, so that we could be certain that the killer of our bright and beautiful 9-year-old boy pleaded guilty to the highest charge he received: Criminally Negligent Homicide.

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Vance Upgrades Charges, Secures Manslaughter Indictment for LES Crash

Manhattan District Attorney Cy Vance secured a manslaughter indictment against a driver accused of killing a pedestrian in a high-speed crash on the Lower East Side.

Cy Vance. Photo: Manhattan DA

A Vance press release says that on the evening of November 24, 2014, Danny Lin was allegedly speeding northbound on the Bowery in a BMW when he drove into 57-year-old Robert Perry near the Rivington Street intersection, hitting Perry with such force that he was thrown a distance of more than 140 feet. “After striking Mr. Perry,” the press release says, “Lin continued a block before driving onto the sidewalk and crashing into a fire hydrant near several pedestrians.”

Perry died soon after he was taken to the hospital.

Lin, 24, was initially charged with homicide and leaving the scene. Earlier this month, Vance issued a more severe charge of manslaughter, according to court records. Vance announced Lin’s indictment today.

From the Vance press release:

“Less than three weeks before this fatal collision, New York City lowered its speed limit, recognizing that pedestrians struck by vehicles traveling at 30 miles per hour are twice as likely to die as those struck at 25 miles per hour,” said District Attorney Vance. “This defendant is charged with speeding down the Bowery at more than twice the new speed limit, allegedly striking and killing a 57-year-old man. Miraculously, no one else was hurt when the car he was driving crashed into a hydrant on a sidewalk filled with other pedestrians. City streets are no place for this kind of reckless driving and dangerous speed.”

In New York State, criminally negligent homicide is a class E felony, the lowest level felony category, with a maximum penalty of four years in jail. Manslaughter is a class C felony, and carries penalties ranging from probation to 15 years in prison.

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Cy Vance: $580 Fine for Driver Who Killed 9-Year-Old Cooper Stock

Following a plea deal agreed to by Manhattan DA Cy Vance, the driver who killed Cooper Stock in a crosswalk was fined $580 and lost his driving privileges for six months.

Following a plea deal agreed to by Manhattan DA Cy Vance, the driver who killed Cooper Stock in a crosswalk was fined $580 and lost his driving privileges for six months.

In separate stories published yesterday, family members of Marilyn Dershowitz and Cooper Stock, both lost to traffic violence, criticized Manhattan District Attorney Cy Vance for his reluctance to file serious charges against motorists who kill people.

Vance declined to apply criminal charges against Koffi Komlani, the cab driver who struck 9-year-old Cooper and his father as the two walked hand in hand in an Upper West Side crosswalk in January 2014. Cooper was killed, his father was injured, and it took Vance 11 months to charge Komlani with two traffic offenses — careless driving and failure to yield.

Komlani’s attorney said weather caused the crash, the same excuse Vance’s office gave Cooper’s family for not pursuing a criminal case.

On Monday, according to the Post, prosecutors agreed to a plea arrangement for Komlani: a $580 fine and a six-month license suspension. Komlani’s attorney said Vance’s office did not ask for jail time, which would have maxed out at 15 days.

[Cooper’s mother Dana] Lerner said District Attorney Cyrus Vance Jr.’s office told her they needed two misdemeanors to charge Komlani criminally — even though the prosecutor campaigned on getting rid of that case law precedent, referred to as the “rule of two.”

“It goes without saying that what happened here today does not even begin to bring justice in the death of my son Cooper Stock,” said a statement from Lerner, read yesterday in court. “Giving this man a traffic ticket for killing my son is an insult to us and to Cooper’s memory. Is a life worth nothing more than a traffic ticket?”

The New York Press reports that a civil jury last week ruled U.S. Postal Service driver Ian Clement at fault for killing cyclist Marilyn Dershowitz in 2011. Clement ran Dershowitz over, stopped his truck for a moment, then drove away. He was cleared by a jury of leaving the scene, a charge filed by Vance after the Dershowitz family complained to the media about the DA’s handling of the case.

The Press reports that Judge Sarah Netburn ruled Clement “was negligent in his operation of his vehicle, causing the accident and [Dershowitz’s] death.”

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Two People Were Killed in This Crash and the Bronx DA Hasn’t Filed Charges

Warning: Graphic video

Update: DNAinfo reported that the victim in the video is Manuel Quiñones, who was hospitalized in critical condition. The Post reported that the victim is Kadeem Brown. This post has been edited to reflect uncertainty of the victim’s identity. The green cab driver was identified by the Post and the Daily News as Emilio Garcia.

Video posted online shows a speeding green cab driver strike a pedestrian on the Grand Concourse. The driver killed Kadeem Brown and 5-year-old Tierre Clark and injured two others. No charges were filed by NYPD or Bronx District Attorney Robert Johnson.

Bronx DA Robert Johnson

Bronx DA Robert Johnson

The crash happened at the Grand Concourse and E. 170th Street on March 20. The video, posted on Facebook by a man who identified himself as the owner of a bodega on the northeast corner of the intersection, shows the green cab driver strike a victim at high speed on a Concourse service road.

Brown, 25, died at the scene. In addition to Brown, the cab driver struck Clark and two adults who were standing on the sidewalk, reportedly waiting for a bus. Clark died at a hospital. A 55-year-old man and a 39-year-old woman, who according to some reports was Tierre’s mother, were hospitalized.

The driver was identified only as a 44-year-old man. His name was withheld by NYPD and the Taxi and Limousine Commission.

The TLC told Streetsblog the driver’s TLC license was suspended, pending the outcome of the crash investigation. If NYPD and Johnson decline to file charges it’s likely the driver will have his TLC license restored.

Streetsblog has asked Johnson’s office for an update on this case.

Johnson did not file charges against the woman who drove onto a sidewalk outside a Bronx school last October, hitting 10 people and killing 8-year-old Rylee Ramos.

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Cy Vance: Senior’s Crosswalk Death Remains Unsolved After Seven Months

No charges were filed by NYPD or Manhattan District Attorney Cy Vance against the driver who fatally struck 82-year-old Sui Leung in a Manhattan crosswalk last fall. Though Council Member Margaret Chin said the NYPD crash report indicated Leung was walking with the right of way, Vance’s office says the investigation has yet to conclude seven months after the crash.

Cy Vance indicted 190 drivers for vehicular crimes in five years. Will he try for 191? Photo: Manhattan DA

commercial van driver hit Leung as she crossed at the intersection Kenmare and Elizabeth Streets on the afternoon of September 25, 2014. NYPD didn’t release the driver’s identity. The van belonged to Party Rental Ltd. of Teterboro, New Jersey.

Shortly after the crash, NYPD told Streetsblog the driver had a green light. A visit to the intersection revealed there is no exclusive turn phase at Kenmare and Elizabeth, so Leung would have had a walk signal when the driver had a green, and would therefore have had the right of way.

“She had the right of way,” local City Council Member Margaret Chin told Streetsblog last October. Along with council reps Rosie Mendez and Ydanis Rodriguez, Chin sent a letter to NYPD Chief of Transportation Thomas Chan urging police to charge the driver under the Right of Way Law, which took effect last August. According to details provided in the police report, Chin said, Leung “unquestionably did nothing wrong.”

Streetsblog contacted Chin’s office last December to check up on the case, and at that time no action had been taken against the driver.

“It looks like no charges were ever filed,” Chin spokesperson Sam Spokony told Streetsblog last week, “and that’s obviously something we’re really unhappy with, as Council Member Chin has communicated to both the Manhattan DA’s office and NYPD.”

“At this stage, the investigation remains open, so we cannot make further comment,” said Vance spokesperson Joan Vollero. Vance’s office usually does not comment on vehicular cases, even when cases are disposed or no charges are filed in the first place.

The investigation into the death of 9-year-old Cooper Stock was officially “open” for months after Vance’s office told family members no charges would be filed against the cab driver who killed him.

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No Charges for Cab Driver Who Killed Two People on Bronx Sidewalk

Image: News 12

NYPD and the TLC are withholding the name of the cab driver who hit four people on a Bronx sidewalk, killing two. No charges were filed. Image: News 12

No charges have been filed against a cab driver who drove onto a sidewalk in the Bronx and killed a man and a young girl.

The crash happened at around 6:30 p.m. Friday. Reports say the 44-year-old driver, whose name is being withheld by NYPD and the Taxi and Limousine Commission, hit a parked car on a Grand Concourse service road, then crashed onto the sidewalk near a bus stop at E. 170th Street, about a block away, and ran over four people.

Kadeem Brown, 25, died at the scene. Five-year-old Tierre Clark died later at a hospital. A 55-year-old man and a 39-year-old woman, who according to some reports was Tierre’s mother, were hospitalized.

“The car came up driving on the sidewalk,” witness Ronald Luis told the Daily News. “After it hit the people, it hit the corner of the building and spun around. The whole front was smashed in.”

“On this side they were pressing on her chest — the little girl,” witness Raymond Fermin told WCBS. “I’m guessing also she couldn’t breathe. I wasn’t sure. The guy that was laying here on the floor — they weren’t giving him any treatment. I guess he was already gone.”

Photos and video footage from the scene show the heavily-damaged cab at rest against a building. WABC noted that there are cameras attached to a neighboring building.

No arrests were made and an investigation is ongoing, according to NYPD and the office of Bronx District Attorney Robert Johnson. News 12 reported that police believed the driver was speeding. The Daily News said NYPD was looking into whether the driver “was having a medical episode.”

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Will DA Ken Thompson Drop Case Against Bus Driver Who Killed Senior?

On the evening of December 23, 2014, 78-year-old Jean Bonne-Annee was crossing New York Avenue at Farragut Road in Brooklyn when an MTA bus driver ran him over while making a left turn.

Brooklyn DA Ken Thompson

Brooklyn DA Ken Thompson

Bonne-Annee died at the scene. He was the eighth pedestrian killed by a turning MTA bus driver in 2014.

Police arrested driver Reginald Prescott and charged him with violating the Right of Way Law, which is intended to hold drivers accountable for killing or injuring pedestrians and cyclists who are following traffic rules.

Because Prescott was driving a bus and was charged for killing someone, TWU Local 100 and some members of the press have devoted much attention to a crash that otherwise would have received little or no notice. On Tuesday Pete Donohue of the Daily News reported that District Attorney Ken Thompson may bow to pressure from the TWU and dismiss the case.

Arraignment proceedings for Prescott were canceled, Donohue reported, “as prosecutors and his union defense lawyer agreed neither to go forward with a formal reading of the charges nor require Prescott to enter a plea, as is customary.”

“We pressed a pause button to say ‘stop’ with the view towards the district attorney ultimately dismissing the charges completely against Mr. Prescott,” TWU Local 100 legal director Kenneth Page said.

A spokeswoman for Brooklyn prosecutors would only say that the case remains under investigation. No new court date for Prescott was set during his appearance in court Tuesday morning.

“[T]he case is still being investigated and the charges have not been dropped,” a Thompson spokesperson told Streetsblog via email.

As Ben Fried wrote this week, before the Right of Way Law NYPD and prosecutors didn’t investigate the vast majority of serious traffic crashes, and declined to pursue charges in fatal collisions that did not involve extenuating circumstances like DWI or leaving the scene. The strength of the Right of Way Law is that it removes driver intent from the equation: If you harm someone who is walking or biking with the right of way, you committed a misdemeanor.

The court process may reveal that Prescott was not at fault. What shouldn’t be in doubt is a full and fair disposition of the case. Otherwise, people who are following all the rules will continue to be denied the protection of the law, as they were before.