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It took a lawsuit from the family of Mathieu Lefevre to pry information from NYPD regarding the hit-and-run crash that took his life. Now they have reason to believe the police are still withholding vital evidence.

Last week, Streetsblog reported that NYPD had released a detailed description of how the crash unfolded, supposedly based on security video from a business located at 157 Morgan Avenue. But the footage NYPD gave the Lefevre family does not convey the same details as the descriptions of video in the police investigative file.

Here is the description of a security video from 157 Morgan submitted by Detective Gerard Sheehan. It delves into specific detail about the crash:

Here are two videos captured from 157 Morgan that NYPD gave to the Lefevres and their attorney, Steve Vaccaro, showing footage at the intersection immediately before Leonardo Degianni, who fatally struck Lefevre and then left the scene, turned on to Meserole Street. In the first clip, the crane truck operated by Degianni enters the frame at about the 4:50 mark, and a cyclist is briefly visible at about the 5:02 mark. In the second clip, the truck enters the frame slightly after the 6:50 mark. In neither video is the moment Degianni struck Lefevre plainly visible.

(Streetsblog transferred these videos from AVI files NYPD provided to the Lefevres and Vaccaro. The original files supplied by NYPD displayed the videos upside down — you can see how they appeared at the end of this post.)

Adding to the discrepancies, a second police description of security video does not match Sheehan’s description or the videos in the investigative file. The description from Detective Sheehan says that Lefevre was initially struck by the “passenger right side” of Degianni’s truck, which threw him “into the roadway” before Degianni struck him again. A second description, from officer Armand Tasca, says Lefevre “rode directly into the side of the truck as it made the right turn” (note that both Sheehan and Tasca wrote that Degianni and Lefevre were traveling north on Morgan, when they were in fact traveling south — see crash diagram at the end of this post):

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The office of Brooklyn District Attorney Charles Hynes will conduct a review into the death of cyclist Mathieu Lefevre, according to the borough’s top prosecutor for vehicular crimes.

Craig Esswein, chief of the vehicular crimes bureau, told Streetsblog that reviewing deadly traffic crashes is standard procedure. “Any time there’s a fatality the NYPD does their investigation, and we do our own.”

Lefevre’s death at the hands of a hit-and-run truck driver in Williamsburg last October has made headlines, owing to revelations that NYPD withheld details of the crash from the victim’s family and failed to gather evidence at the scene. Asked about NYPD’s handling of the investigation, Esswein said, “We will be looking into the matter.”

Though no photos of the scene have been released to the Lefevre family — police reportedly didn’t take pictures due to a broken camera — Esswein says they do exist. He says those pictures will be examined along with video of the collision, which according to NYPD records shows that the truck driver dragged Lefevre and his bike for several yards as he made an unsignaled right-hand turn. “We’re going to review it all,” said Esswein.

In a statement issued this week, Mathieu’s mother Erika Lefevre revealed that NYPD has charged the driver, identified by police as Leonardo Degianni, for failure to signal and failure to exercise due care. To date, no charges have been issued for the victim’s death, or for leaving the scene of a fatal crash. “We urge the Kings County District Attorney’s Office to carefully review this case,” wrote Lefevre, “and bring appropriate charges.”

Lefevre’s family and friends have launched a letter-writing campaign to Hynes’ office asking for a careful review of the case. More information is available here.

The hit-and-run truck driver who killed cyclist Mathieu Lefevre last October struck the victim with his front driver’s side tire, according to a description in NYPD’s investigative file shared by Lefevre’s family. The description, based largely on video evidence police obtained in December, raises serious questions about the driver’s claim that he was not aware he had struck Lefevre when he left the scene of the fatal collision.

Police released the investigative file on Friday, three weeks after Lefevre’s family filed a suit under the Freedom of Information Law to obtain materials related to the investigation.

In a statement released today [PDF], Erika Lefevre, the victim’s mother, revealed that NYPD has now issued traffic summonses to the crane truck driver, Leonardo Degianni, for failure to exercise due care and failing to signal, but no criminal charges. The statement criticizes NYPD for not charging Degianni with fleeing the scene and criminal negligence, given evidence that Degianni’s front bumper and driver’s side front wheel struck Mathieu Lefevre. The Lefevres are appealing to Brooklyn District Attorney Charles Hynes to review the case.

The Lefevre case has shed light on an aspect of policing that NYPD is loath to conduct transparently. Police and press accounts of traffic fatalities tend to be riddled with gaps, and witness accounts from crash scenes often depict police failing to pursue potential lines of inquiry. Thanks to the Lefevres’ determined pursuit of the truth, the public not only has a better sense of what caused Mathieu Lefevre’s death, but how NYPD conducts crash investigations.

Evidence in the Lefevre file summarized by their attorney, Steve Vaccaro, directly contradicts at least one NYPD account of the crash, in which a police source said the victim ran a red light. The NYPD file indicates that Lefevre and Degianni were passing through the intersection of Meserole Street and Morgan Avenue simultaneously, with a green light, when Degianni turned across Lefevre’s path, without signaling, as the cyclist continued straight.

The new evidence is only coming to light after the victim’s family relentlessly pressed the NYPD to disclose information related to the crash.

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A few readers have written to Streetsblog with anecdotal evidence that NYPD is ramping up its crack bicycle ticketing operation this January. (It seems to be triggered by the calendar; last year’s NYPD bike crackdown also got going in January.)

Police are certainly reviving their tough-on-cyclists PR campaign, bragging to the Post earlier this week about the 19th Precinct’s bike enforcement prowess on the Upper East Side. Meanwhile, the message to motorists remains the same: If you’re sober and stay at the scene, you can do just about anything, like run over and kill a 12-year-old girl who stopped in a crosswalk to retrieve her backpack, and not face repercussions.

By leaking their cyclist summonsing stats to the Post, the police at least made it a little easier to highlight their skewed priorities. As reader Chris O’Leary pointed out this morning, the 19th Precinct issued 2,436 tickets for failing to stop at traffic signals in 2011 [PDF]. Apparently, nearly half of those tickets — 1,101, according to the Post — were handed out to cyclists.

Police are devoting all these resources to cyclist enforcement on streets where disproportionate numbers of New Yorkers get maimed by motor vehicles. Community District 8, which roughly overlaps the 19th Precinct on the Upper East Side, has the third-highest rate of injury-causing traffic crashes in the city.

Here’s what the precinct’s enforcement priorities look like out on the street, according to an account from reader Albert Ahronheim:

At about 1:50 on the afternoon of January 7, as I was walking on First Avenue by 81st Street, I noticed four police “three-wheeled scooters” and four police motorcycles completely straddling the bicycle lane, and eight police milling around, a couple of them writing, most just gabbing and laughing, while there were plenty of empty parking spaces they could have easily moved into. At least one cyclist I saw had to veer out into car traffic to get around what seemed to be a completely unnecessary blockage of basically a whole block. But a run-of-the-mill police blockage of the bike lane isn’t why I’m writing.

I was standing around trying to get up the nerve to ask eight cops to vacate the bike lane as long as whatever threat was over, when an elderly man with a walker, who’d been watching also, started talking to me. He told me that all these police were “just to give a ticket to a bicyclist.”  I asked him if he knew what the cyclist had been ticketed for, and he said he didn’t know — he just saw him ride away afterwards. The man with the walker told me, “I don’t care what he was doing, it takes so many cops just to give a cyclist a ticket?” When he mentioned all the real mayhem on the streets, I told him how NYPD routinely lets motorists kill without filing charges, and he wholeheartedly agreed that they’re failing to protect people.

So then I went up to one of the cops and politely asked what all the excitement was about. He paused, like he was trying to figure out how to tell me just enough to satisfy me, and said, “Uh, we just had somebody stopped — that’s about it.” Then I said, “It would be great if they’d not be blocking the bike lane if nothing is going on,” to which he politely replied, “We’ll be done in a few minutes and be out of your way.”  Only later did I realize that, since I wasn’t on a bicycle at the time and had just gone around a car and walked up to him from the curb, he must have thought I was a driver who needed to get through the bike lane and out of a parking space. After a couple more minutes they all drove away.

The Village Voice reports that Peter Vallone, chair of the City Council’s public safety committee, is planning a hearing on traffic enforcement.

Responding to the Transportation Alternatives probe into how NYPD handles crash investigations, announced after a year that saw reckless motorists face little to no repercussions for taking lives, Vallone said, “They have some legitimate concerns. Clearly, more has to be done.”

Accepting Vallone’s statement at face value — that his committee will indeed focus on pedestrian and cyclist safety, rather than personal gripes — this is welcome news. Here are a few questions we’d like to see the Vallone committee ask the brass at NYPD:

• Is the Accident Investigation Squad dispatched to all cases involving death or serious injury? If not, why not?
• Why must victims’ families resort to the courts to obtain information pertaining to fatal crashes?
• Why isn’t NYPD making use of new state laws intended to hold dangerous drivers accountable for injuring and killing vulnerable street users?
• Does NYPD track rates of traffic violations, the same way it tracks other crime? If not, why not? If so, where is the data?

With mainstream media outlets picking up the story of Mathieu Lefevre’s family suing to get information from NYPD, and papers including the Voice questioning how so many deaths and injuries can go unpunished, might the council finally be ready to address the shortcomings of the city’s traffic justice system? We’ll see if Peter Vallone will pick up the slack for his colleague James Vacca.

The family of Mathieu Lefevre has filed a lawsuit against the NYPD for refusing to release information related to the hit-and-run collision that killed the 30-year-old Brooklyn cyclist last October.

According to the complaint, filed in New York State Supreme Court on December 30 [PDF], NYPD denied a freedom of information request from Lefevre’s parents seeking records pertaining to the crash, on the grounds that the investigation is ongoing. The Lefevres appealed, citing their belief that the records in question are not exempt from disclosure under the law. NYPD failed to respond, effectively denying the appeal.

NYPD routinely denies access to information on deadly crashes, often based on the claim that releasing even the most rudimentary details would jeopardize crash investigations. The Lefevre lawsuit challenges that practice, based in part on the fact that NYPD has declared that no charges will be filed for Mathieu’s death.

The summary of the lawsuit, filed on behalf of the Lefevres by attorney Steve Vaccaro of Rankin & Taylor, reads in part:

NYPD admits that it possesses records requested by the Lefevres, but has stonewalled for nearly two months, refusing to disclose those records without a valid justification. The two grounds advanced by NYPD for withholding the records are completely lacking in merit.

First, NYPD asserts that it can withhold all records concerning Lefevre’s death, so long as its investigation of his death is still open. That is incorrect. FOIL exempts from disclosure only records the release of which would interfere with an ongoing investigation. NYPD does not suggest even the possibility of such interference.

Second, NYPD asserts that release of records concerning Lefevre’s death would jeopardize an impartial trial or adjudication. But NYPD has already announced there will be no criminal charges related to Lefevre’s death. Absent criminal charges, there is no right to a trial by jury, and therefore no chance of a tainted adjudication.

In December Vaccaro sent a letter to NYPD indicating that, according to officers involved in the case, the department’s Accident Investigation Squad has all but concluded that the truck driver who hit Lefevre, identified in the crash report as Leonardo Degianni, was unaware of the collision. The letter also points to conflicting accounts of the collision from NYPD, and says Vaccaro was told that the AIS lost vital evidence. (Disclosure: Vaccaro represented Streetsblog for our freedom of information request to obtain documents from CUNY related to the effort to erase the Prospect Park West bike lane.)

“The Lefevres seek only to learn the truth about the death of their son,” reads the suit summary. “NYPD’s stated reasons for hiding the truth from the Lefevres plainly lack merit.”

Time after time, when a person loses his or her life while walking or biking in the city, the narrative unfolds according to script. Pedestrian or cyclist killed. Driver remained at the scene. No charges filed. Not only is it rare to hear of a driver held to even the minimum standard of care by police and prosecutors, more often than not NYPD would have the public believe that if anyone is to blame, it’s the victim.

When Brooklyn cyclist Mathieu Lefevre was killed by a hit-and-run driver in October, NYPD initially told the media that Lefevre had run a red light and that he was riding in the truck driver’s blind spot. The NYPD crash report contradicts both those claims, yet the department’s final public statement on the case may well be “There’s no criminality. That’s why they call it an accident.”

Rasha Shamoon was riding her bike home in the early morning hours of August 5, 2008 when she was struck by the driver of a Range Rover at Bowery and Delancey. Shamoon, 31, was an experienced cyclist whose bike was covered with reflective tape and equipped with front and rear lights. Limiting witness interviews to the driver, who at 21 had amassed a record of six traffic convictions, and his two passengers, NYPD faulted Shamoon for the crash.

In November 2009, 22-year-old Seth Kahn was killed by a bus driver while crossing Ninth Avenue in Hell’s Kitchen. Police at first told reporters that Kahn was running to beat the light when he was crushed by the rear wheels of the turning bus. Days later, however, bus driver Jeremy Philhower was ticketed for failing to yield. Almost a year after the crash it was determined that Philhower, who had a history of texting behind the wheel and had reportedly posted comments on Facebook about his desire to kill people, was driving too fast and not looking where he was going.

In the immediate aftermath of any single crash, it’s impossible to tell whether NYPD has sufficient cause to exonerate the driver. The department won’t release details from investigations and withholds crash reports from public scrutiny. But when the data from those reports is compiled by the New York State DOT and vetted by researchers, the cumulative picture debunks the NYPD’s blame-the-victim-first protocol.

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Last month we noted that Ray Kelly’s NYPD made a highly visible show of bike enforcement in Prospect Park in response to a pair of crashes where cyclists injured pedestrians. Normally, police don’t react so decisively to locations with high crash rates, but in Prospect Park, the 78th quickly handed out more tickets to cyclists at one spot than they do to speeding motorists in the whole precinct in an average month.

If only NYPD targeted the most dangerous intersections with similar vigor. Streetfilms’ Clarence Eckerson and Streetsblog publisher Mark Gorton went out to Canal and Lafayette, which saw 13 crashes in the month of August alone, to see how traffic is being policed. Here’s what they found.

It isn’t often that stories of traffic justice denied make the pages of New York Times, but the case of Mathieu Lefevre got the attention of Jim Dwyer, whose article in today’s paper highlights NYPD ineptitude and provides further details of the inhumane treatment suffered by the Lefevre family at the hands of the 90th Precinct.

Having flown in from Canada after learning of their son’s death, Mathieu’s parents Erika and Alain went to the city morgue to view his remains. There, they were told by a detective to go to the station house for a copy of the crash report and to pick up Mathieu’s belongings. Here’s what happened next:

The 90th Precinct station house proved to be a House of No, as Ms. Lefevre described it: the family was told at the desk that there was no detective available to speak with them, that Mr. Lefevre’s property was not there and that no report on the accident was available.

So they waited.

“After some time elapsed, I called the detective at the morgue, who had given us her phone number in case we ran into problems,” Ms. Lefevre said. Eventually, a detective in the 90th Precinct explained that the person handling the investigation of their son’s death would not be back for several days. “The detective we saw said he had no access to the information, that they do not share files,” Ms. Lefevre said.

After four hours, she said, they left.

It took a week for the Lefevres to claim Mathieu’s effects — though according to the Times they were at the station house all along — and almost two weeks to obtain a copy of the crash report, which conflicted with NYPD statements to the media and has generated more questions than answers.

The most enraging aspect of NYPD’s mishandling of the Lefevre case is that there is nothing unusual about it. We can’t say it any better than Streetsblog commenter Media Maven, who writes: “The way the NYPD is treating the Lefevres is standard operating procedure. This isn’t a particularly bad case. It’s entirely normal. Virtually all ped and cyclist fatalities are treated as ‘accidents’ and blamed on the victim. The drivers who did the killing are rarely investigated or brought to justice. Getting information about the circumstances of the killing out of the NYPD is almost impossible unless you can afford a lawyer who is really willing and able to go after it.” Witness, for example, the detective who handed the Lefevres an attorney’s business card, knowing the swamp they were about to wade into.

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The Park Slope Patch and the Brooklyn Paper both reported this week that the 78th Precinct will soon be ticketing cyclists in Prospect Park, in response to two crashes in the past six months where cyclists injured pedestrians on a downhill slope of the park loop.

Now that NYPD has shown a willingness to respond to crashes with targeted enforcement, here are some other locations where police might want to devote some resources:

• Eastern Parkway near Bergen Street in Brooklyn, where the Reverend Theauther Love, 87, was struck and killed during his morning walk last month.
• Hillside Avenue near 198th Street in Queens, where a motorist killed Queens Civic Congress President Pat Dolan as she was walking to a community board meeting two weeks ago.
• Fifth Avenue and 65th Street in Manhattan, where this October an 86-year-old grandmother walking in the crosswalk was run over and killed by a turning tow truck driver who failed to yield.
• Broadway and 106th Street, where a motorist struck and killed Daniela D’Ercole as she exited a cab and crossed the street, the impact reportedly sending her body across multiple lanes of traffic.

Ray Kelly’s NYPD did not respond to these deaths with a display of targeted enforcement to deter dangerous driving. They responded by saying “no criminality” was involved and exonerating the drivers without much of an explanation why. Of the hundreds of other fatalities and thousands of injuries caused by motorists each year in NYC, the overwhelming majority receive a similar non-response from police.

It remains to be seen how many cyclists will be subject to summonses by exceeding the 25 mph Prospect Park speed limit, but it won’t take many for the 78th Precinct to exceed the number of speeding tickets it gives out to motorists. In October, the 78th issued just five summonses for speeding [PDF].

Failure to observe the speed limit is ubiquitous citywide and contributes to hundreds of deaths and life-altering injuries each year. Where is the NYPD response?