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Did Cy Vance’s Office Investigate the Crash That Killed Mike Rogalle?

Cy Vance’s office said it has no record of the crash that killed Mike Rogalle.

Cy Vance’s office said it has no record of the crash that killed Mike Rogalle.

A Manhattan prosecutor says District Attorney Cy Vance’s office has no record of any investigation into the curb-jump crash that killed pedestrian Mike Rogalle.

Rogalle, who delivered packages for UPS, was working his Financial District route on the afternoon of 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. He was 58.

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

NYPD and Vance filed no charges against the driver who killed Mike Rogalle.

Last month NYPD rejected a Streetsblog FOIL request for records pertaining to the crash, citing “an unwarranted invasion of personal privacy.” On May 26 we filed a freedom of information request for documents from Vance’s office, including emails, pertaining to the case.

Assistant DA Sarah Hines responded on June 10:

Utilizing the information provided in your letter, including the name of the man who died and the date and location of the collision, which you specify, I have made diligent inquiries in this Office, including speaking with the Chief of the Vehicular Crimes Unit as well as the Unit Coordinator of that unit. Despite these inquiries, I have been unable to locate any records or documents responsive to your request.

If we do not possess the items you seek, then your request must be denied on that basis. The District Attorney’s Office cannot provide an item that does not exist or that we do not possess. If we do possess some or all of the items you seek, then your request does not “reasonably” describe them in a manner which enables me to locate them, and your request must be denied on that basis.

In the past, Vance’s PR staff told Streetsblog they could not access traffic crash cases without defendants’ names. Since very few traffic crashes in New York City result in criminal charges, there are usually no defendants to speak of. Meanwhile, NYPD generally does not divulge drivers’ names after a serious crash unless charges are filed.

This makes it impossible for the public to know why charges are not brought against Manhattan drivers who injure and kill people. In the case of Mike Rogalle, it appears that either Vance’s office is incapable of locating records when provided key details of a collision, or Vance’s office did not investigate Rogalle’s death.

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NYPD: No ROW Charge for Driver Who Killed Moshe Grun in UWS Crosswalk

A driver turning left fatally struck Moshe Grun as he crossed Broadway at W. 62nd Street, where motorists are required by law to yield to pedestrians. The white arrows represent Grun’s path through the intersection — it is unknown if he was walking east or west — and the red arrow indicates the path of the driver. Image: Google Maps

A driver turning left fatally struck Moshe Grun as he crossed Broadway at W. 62nd Street, where motorists are required by law to yield to pedestrians. The white arrows represent Grun’s path through the intersection — it is unclear if he was walking east or west — and the red arrow indicates the path of the driver. Image: Google Maps

Will NYPD file Right of Way Law charges against a driver who fatally struck Moshe Grun in an Upper West Side crosswalk? A sergeant from the 20th Precinct wouldn’t answer that question, denying Grun had died before deferring to an investigator who was on vacation.

Grun, 59, was crossing Broadway at W. 62nd Street, in the marked crosswalk, when the westbound driver of a commercial van hit him while turning left onto southbound Broadway, according to reports and photos from the scene.

From JP Updates:

FDNY responded to the scene and found Grun trapped under the van. After rescuing him he was transported to St. Luke’s Hospital in cardiac arrest, with serious leg and head injuries.

The crash happened on June 1 at around 7 p.m. Grun died after three days in the hospital, JP Updates reported.

“The man was crossing and the van smashed into him,” a witness told the Daily News.

The News reported that, according to anonymous police sources, Grun was “crossing against the light.” But if the driver had a green light, Grun should have had a walk signal. Photos from the scene show the van in the Broadway crosswalk on the south side of the intersection.

The Post, DNAinfo, and WNBC also reported the crash, and none indicated Grun was violating traffic rules.

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When It Comes to Bike Enforcement, NYPD Can Do Better Than This

Warm weather means more bicyclists on city streets. It also means more ham-handed attempts by NYPD to improve bike safety, and officers are out in force this week ticketing people on bikes.

NYPD's traffic enforcement priorities yesterday on Hudson Street. Photo: BrooklynSpoke/Twitter

NYPD’s traffic enforcement priorities yesterday on Hudson Street. Photo: BrooklynSpoke/Twitter

Instead of ticketing wrong-way cyclists buzzing pedestrians in crosswalks, the police typically camp out and rack up tickets where cyclists break the letter of the law without jeopardizing anyone. Ticketing people for riding through a red light at a T-intersection is the bicycle equivalent of ticketing a pedestrian who crosses against the light when no cars are coming.

Bike enforcement operations have been spotted on the Hudson River Greenway, at the base of the Manhattan Bridge, on Hudson Street, and on Eighth Avenue. These are all locations where there are plenty of people biking, and probably plenty of people who bike through red lights after checking to see if the coast is clear.

Handing out red light violations at these locations is easy for police, but it’s not a good use of resources if the department is serious about Vision Zero.

Officers from the 5th Precinct, for example, can often be spotted issuing red light tickets to cyclists coming off the Manhattan Bridge and on Chrystie Street. The same precinct has issued just 46 speeding tickets and 71 failure to yield tickets so far this year.

If the department is going to spend time on bike enforcement, it should at least focus on the people riding the wrong way or cutting through crosswalks at speed. That would be harder than ticketing the “scofflaws” who are jaywalking on bikes, but it might actually improve conditions on the street.

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NYPD Bike Crackdown Season Has Nothing to Do With Vision Zero

When the weather warms up you can count on two things: more New Yorkers riding bikes, and NYPD bike ticket blitzes.

Keegan Stephan of Right of Way tweeted that the 19th Precinct was handing out flyers to cyclists this morning and warning of a “crackdown” starting tomorrow.

The flyers feature the city’s Vision Zero graphic along with NYPD, DOT, and TLC logos. They advise cyclists to “be visible” and “use bike lanes.” Pedestrians are directed to “do what you can to be seen.” Drivers are told to “slow down” and “expect people in the crosswalk.”

You might get the impression from the flyer that motorists, pedestrians, and cyclists are equally responsible for carnage on NYC streets. In fact, driver behavior causes most serious crashes.

NYPD bike crackdowns have never been about targeting dangerous behavior. Instead, police stake out locations where infrastructure leads people on bikes to violate the letter of the law, and then the citations pile up.

While the 19th Precinct is gearing up to ticket cyclists, as of April local officers had ticketed just 24 drivers for speeding in 2015.

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Richard Brown: No Charges for Driver Who Killed Boy on Neighborhood Street

A driver fatally struck 8-year-old Sincere Atkins as he played outside his grandmother’s apartment on Sutphin Boulevard. Image: Google Maps

A driver fatally struck 8-year-old Sincere Atkins as he played outside his grandmother’s apartment on Sutphin Boulevard. Image: Google Maps

An 8-year-old boy hit by a driver on a neighborhood street in Queens on Memorial Day died from his injuries. NYPD and Queens District Attorney Richard Brown filed no charges.

Sincere Atkins was playing with his cousin outside his grandmother’s apartment, on Sutphin Boulevard near 125th Avenue, when a 21-year-old man hit him with a Toyota Corolla, according to reports.

A witness told the Post the driver, whose name was withheld by NYPD, hit Sincere “so hard it knocked his shoes across the street,” an indication the driver was probably speeding. Officers from the 113th Precinct, where Sincere was killed, issue an average of about one speeding ticket a day.

The crash happened on a street flanked by apartment buildings and a park, on a sunny spring day when kids were out of school — an environment where motorists should know to drive with care. “This is a very busy street,’’ a witness told the Post. “There are so many kids here. There should be a speed bump or something.’’

Reporters from the Post and the Daily News blamed the child, saying he “ran into traffic” and “darted” into the street.

Sincere died from head trauma on May 29, the News reported. “The driver of the car was not charged with a crime,” the News said.

The crash that killed Sincere occurred in the City Council district represented by Ruben Wills, and in Queens Community Board District 12.

Sincere Atkins was at least the third child age 14 and under killed by a New York City driver in 2015, and the 11th child victim since January 2014, according to crash data compiled by Streetsblog.

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NYPD Denies FOIL Request for Files on NYPD Crash That Killed Felix Coss

NYPD rejected a Streetsblog freedom of information request for files pertaining to a crash in which an on-duty officer killed a pedestrian in Brooklyn.

Felix Coss. Photo via DNAinfo

Felix Coss, 61, was crossing Broadway at Hooper Street, in a crosswalk with the signal, on the afternoon of July 6, 2013, when Officer Paula Medrano struck him with a marked van from the 90th Precinct while making a left turn, according to reports and photos of the scene.

DNAinfo and the Daily News cited witnesses who said Medrano was seen talking on a cell phone at the time of the collision. “She had a cellphone to her right ear,” a witness told the Daily News. “She hit him. When she hit him, he fell on the floor and cracked his head open.”

The crash was reportedly investigated by the Internal Affairs Bureau, but the results of that investigation were not publicized in the media. Medrano’s name never appeared in an online database of court records.

On May 7, Streetsblog filed a FOIL request for records related to the crash. On May 26, NYPD Lieutenant Richard Mantellino rejected our request, citing “an unwarranted invasion of personal privacy,” the same language Mantellino used to deny our FOIL for records pertaining to the 2012 curb-jump crash that killed Mike Rogalle. As with the Rogalle crash, NYPD could have redacted whatever personal information the department deemed necessary, but again chose to withhold all files.

NYPD shields information pertaining to traffic crash investigations from the public — and victims’ families — as a matter of course. NYPD is especially secretive concerning crashes involving police personnel, withholding data even from other city departments.

Streetsblog is appealing NYPD’s rejection of our request for information on the crash that killed Felix Coss.

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New Report Breaks Down Crashes Involving City Agencies, Except NYPD

The city agency most likely to be involved in a traffic crash is missing from a city report on traffic crashes. Image: DCAS [PDF]

The city agency involved in the most traffic collisions is missing from a report on traffic collisions involving city agencies. Image: DCAS [PDF]

A new report sheds light on the extent to which drivers working for city agencies are involved in traffic collisions [PDF]. But the picture is incomplete: NYPD, the agency involved in the most pedestrian injury claims, is withholding its crash information from the city’s database.

Excluding the police department, drivers of city-owned vehicles were involved in eight of the 250 traffic fatalities in New York City last year, according to the Department of Citywide Administrative Services. Of those eight, half involved sanitation vehicles.

Of the 5,805 collisions tracked by the report, 584 resulted in injury, including 49 crashes that injured pedestrians and 15 that injured bicyclists. Of the agencies in the database, fire department vehicles were involved in the most crashes with injuries, at 148, followed by sanitation with 98.

If NYPD were included in the city’s data, it would likely outpace the rest of city government. The police department is far and away the top agency for pedestrian injury claims, according to Comptroller Scott Stringer. While NYPD’s feed of reported crashes indicates whether the vehicle involved was a passenger car, truck, ambulance, fire truck, bus, or taxi, it doesn’t say whether the driver was behind the wheel of a police vehicle.

DCAS is “still working with NYPD” to bring its crash data into the city’s database, Deputy Commissioner for Fleet Management Keith Kerman told Streetsblog.

Almost half the crashes in the city’s database involved sideswipes, 18 percent were rear-end collisions, and 9 percent were head-on crashes. Rear-end collisions, however, comprised almost one in three crashes with injuries. DCAS has begun piloting driver alert systems focused on sideswipe and rear-end crashes, Kerman said, and has made these types of collisions a focus of its training for city drivers.

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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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Motorists Kill Three Pedestrians and Seriously Injure Two Kids in Five Days

New York City motorists killed three adults and seriously injured two children in five crashes since last Thursday.

Police say a driver hit 7-year-old Abriana Carrasco with a Jeep, then ran her over to get away from the scene. Photo via Daily News

Police say a driver hit 7-year-old Abriana Carrasco with a Jeep, then ran her over to get away from the scene. Photo via Daily News

At around 10 p.m. Sunday, the driver of a Jeep Wrangler hit 7-year-old Abriana Carrasco near an ice cream truck on E. 214th Street at Paulding Avenue in the Bronx, according to the Daily News.

“You could hear her crying and she was saying something, but you couldn’t hear it,” said witness Miele Rue, 38, who saw the little girl, crumpled and bleeding, on the street shortly after the collision on E. 214 St. near Paulding Ave. in Allerton. “There was ice cream on the ground and there was blood around her.”

The Post reported that the driver, who witnesses said was a woman, ran Abriana over while fleeing the scene:

“She was speeding,” one witness said of the driver. “She was going way too fast. She hit her and the little girl flew.

“The driver hit the brakes.’’

But after she stopped, the heartless driver took off and “ran over the girl with her front and back wheels,’’ a police source said.

Abriana was hospitalized in critical but stable condition with two broken legs and a broken hip. The motorist who ran her over was not immediately identified or apprehended.

“The driver was driving recklessly,” Elvis Perez, Abriana’s cousin, told the Daily News. “It’s Memorial Day weekend. You can see there’s an ice cream truck, you know there are gonna be kids. How can you just speed down the road?”

Sincere Atkins, 8, was crossing Sutphin Boulevard near 125th Avenue in Queens Monday when a driver struck him with a Toyota Corolla. The Daily News reported that Sincere was headed to join his cousin at a playground when he was hit.

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Cy Vance Files Felony Charges for Beekman Street Sidewalk Hit-and-Run

Manhattan District Attorney Cy Vance has filed felony charges against a woman accused of driving onto a downtown sidewalk, striking a pedestrian, and leaving the scene.

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.

Cy Vance. Photo: Manhattan DA

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” prior to the collision, according to Downtown Express. DNAinfo reported that the driver barely missed hitting other people, including children, who were able to get out of her path. The crash occurred near Spruce Street School, where, according to parents who have kids there, it’s not unusual for motorists to use the sidewalk to drive around traffic.

Police said the same car was involved in a second hit-and-run crash, involving a pedestrian in Brooklyn, shortly after Hensl was hit.

Earlier this month, Hensl said NYPD was prepared to close the case without filing charges because the woman identified as the vehicle’s owner lives in New Jersey. Police also said they were unable to find a witness who saw the driver through the vehicle’s tinted windows.

But on Wednesday the alleged driver, Tiffany Murdaugh, appeared in New York Criminal Court on multiple charges, according to Downtown Express and court records. Vance charged Murdaugh with assault, reckless endangerment, and leaving the scene of an accident, court records say. Assault and reckless endangerment are both class D felonies, with penalties ranging from probation to seven years in prison.

From Downtown Express:

According to the complaint, on Tuesday evening at the First Precinct, Murdaugh was shown video of the incident and identified the 2013 white Dodge Challenger in it as her vehicle. She also told police that “she had taken the Holland Tunnel into Manhattan that morning and that no one else had driven her vehicle that day,” according to the complaint.

“I’m very relieved,” said Hensl in a phone interview. “I’m glad that she is in jail right now and not on the street.”

Hensl said the assistant district attorney who called her felt confident in the case and she will testify before the grand jury.

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