Manhattan District Attorney Cy Vance dropped assault charges against a hit-and-run driver accused of intentionally ramming a cyclist with an SUV, allowing the defendant to plead guilty to leaving the scene and pay a small fine, according to court documents and the victim’s attorney, Steve Vaccaro.
Vaccaro says the case was one of several handled by his firm, Vaccaro and White, in which Vance’s office declined or otherwise failed to pursue assault charges against motorists and pedestrians who attacked cyclists or purposefully hit them with motor vehicles.
According to Vaccaro and a witness affidavit [PDF], at around 5:00 p.m. on July 13, 2013, Michael (not his actual name) was riding his bike on Avenue B on the Lower East Side. Avenue B is a narrow two-way street with no bike lanes and parking on both sides. To avoid being doored, Michael was riding in the center of his lane. When a motorist approached Michael from behind, tailgating and honking, he responded by flipping the driver off.
Approaching the intersection of Avenue B and E. 13th Street, Michael slowed for a red light. According to the affidavit, the driver, still behind him, accelerated, striking the back of Michael’s bike and flipping him over the handlebars, causing him to hit his head on the ground. With Michael in the street bleeding from his face and head, the motorist swerved around him and attempted to drive off. A second motorist on the opposite side of the intersection tried to block the way, but the SUV driver went around the vehicle and left the scene.
Witnesses noted the SUV’s plate number, and the driver was identified by NYPD as 33-year-old Jose Henriquez, of Queens.
Michael suffered lacerations to his face. Despite his injuries and the circumstances of the crash, NYPD and prosecutors with Vance’s office initially charged Henriquez only with leaving the scene. “We went out and got the witnesses to establish that it was a deliberate strike, and to the DA’s credit, they added assault charges,” says Vaccaro. “Now, inexplicably and without justification, they have dropped them.”