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Ethan Villavicencio, 7, Killed by Motorist Inside Bronx Restaurant [Updated]

Update: According to court records, Oduro was charged with one D felony count and two misdemeanor counts of leaving the scene of an accident with injury, plus one traffic infraction. Class D felonies carry penalties ranging from probation to seven years in prison. DA Robert Johnson filed no charges for the act of killing Ethan Villavicencio.

A motorist drove into a Bronx restaurant Thursday, killing 7-year-old Ethan Villavicencio and injuring the boy’s sister and father.

Ethan, his 5-year-old sister and their dad were eating ice cream in Kennedy Fried Chicken at 3275 Westchester Avenue in Pelham Bay at around 5:30 p.m. when a man backed an SUV through the storefront, according to reports.

Ethan Villavicencio

Ethan Villavicencio

From the Daily News:

A Mercedes-Benz SUV reversed into the restaurant, shattering glass, overturning tables and pinning the boy against a side wall, witnesses said.

“There was a crater where the boy hit the wall,” said bus driver Luis Cruz, 52.

Ethan lay on the floor, conscious but barely able to move, Cruz said. His sister and father stood over him.

“The father was a bloody mess. He was covered with blood and he was trying to tend to his son. The blood from his face was dripping down on the boy,” Cruz said. “It was heartbreaking.”

As witnesses pounded on the vehicle, screaming at the driver that there were children under the car, the man drove away, heading west on Westchester Avenue before he was stopped by witnesses and traffic enforcement agents, reports said.

“One gentleman opened the door to try to grab the driver out to keep him from getting away,” witness Luis Cruz told the Post. “He [the driver] just pushed the gas and the person just couldn’t hold on.”

Ethan was reportedly conscious at the scene but died at Jacobi Medical Center. His sister and father were hospitalized.

Kwasi Oduro, 73, of the Bronx, was charged with one count of leaving the scene of an accident resulting in death and two counts of leaving the scene of an injury crash, according to WPIX.

Police said Oduro was attempting to park when the crash occurred. Video of the crash shows the driver backing parallel to the curb before accelerating across the sidewalk into the storefront, pausing for a few seconds, then speeding away.

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Family and Friends Dedicate Cooper Stock Way


On Wednesday dozens of kids joined family members of Cooper Stock to designate W. 97th Street at West End Avenue as Cooper Stock Way. Cooper’s mother, Dana Lerner, shared memories of Cooper, along with classmates — “Cooper’s Troopers” — who waved signs imploring motorists to drive safely.

Cooper, 9, was killed by a turning cab driver in January 2014 as he and his father crossed the street in the crosswalk with the signal.

“On that night — why we have this sign — a driver was impatient,” said Barron Lerner, Cooper’s uncle. “Impatient. Broke the law. Couldn’t wait. And now Cooper is dead. Other children are dead. Adults are dead. Every day.”

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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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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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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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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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DOH: Motorist Crashes, Again the Top Killer of NYC Kids, Are Preventable

Image: DOH

Image: DOH

Each year the Department of Health and Mental Hygiene reports on the top causes of injury-related death for children in New York City, and traffic crashes consistently top the list. That remains true in the newest report [PDF].

The DOH report draws on crash data from the medical examiner’s office and DOT. From 2003 to 2012, an average of 44 kids aged 1 to 12 died annually from injury-related causes, including fires, suffocation, and falls, the report says. The largest share — 40 percent — were killed in traffic crashes. Of the 110 children aged 1 to 12 killed by motorists during that period, 78 were struck while walking.

Between 2009 and 2011, 23 kids aged 1 to 12 and 25 children aged 13 to 17 died in traffic crashes. Of those, 65 percent were struck by drivers while walking, 6 percent were hit while riding bikes, and 29 percent were riding in or driving a car.

Though boys, black children, and children from the poorest neighborhoods are a disproportionate share of the victims, traffic crashes were the top cause of such deaths for boys and girls across all races and ethnicities and all levels of neighborhood poverty.

The report says 19 of 31 kids aged 1 to 17 killed while walking between 2009 and 2011 were crossing against the traffic signal or crossing mid-block. But it does not specify how driver behavior or street design factored into those crashes. Instead, the report makes a general statement that driver behaviors “such as” inattention and failure to yield contributed to child pedestrian deaths. The report does not say what role driver speed, the leading cause of NYC traffic fatalities, played in crashes that killed children who were walking and biking.

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Driver “Flying” Through Harlem School Zone Kills Child — Tabs Blame Victim

The car involved in the collision that killed Ervi Secundino had extensive damage to the hood and grille, indicating the crash likely occurred at a high rate of speed. Witnesses said the driver was “flying” through a school zone at dismissal time. Image: WNBC

The car involved in the collision that killed Ervi Secundino had extensive damage to the hood and grille, indicating the crash likely occurred at a high rate of speed. Witnesses said the driver was “flying” through a school zone at dismissal time. Image: WNBC

A driver operating a TLC-licensed vehicle killed a 12-year-old boy outside a school in Harlem Wednesday.

The crash occurred in the 32nd Precinct, where officers issue an average of between one and two speeding tickets per day.

Ervi Secundino was hit at approximately 3:15 p.m. in front of Frederick Douglass Academy, where he was in the sixth grade, the Times reported. He was crossing Adam Clayton Powell Jr. Boulevard at 150th Street, west to east, when the southbound driver struck him and dragged him for one block, according to NYPD and media reports.

Ervi lived on 145th Street, near the school. He was pronounced dead at Harlem Hospital. Ervi was at least the second child age 14 and under killed by a New York City motorist this year, and the tenth since January 2014, according to crash data compiled by Streetsblog.

The driver was a 23-year-old man who lives in Brooklyn, a police spokesperson said. His name was not released by NYPD or the Taxi and Limousine Commission. NYPD had no information on the driver’s speed or who had the right of way, and police had filed no charges as of late this morning. The NYPD spokesperson said the investigation was ongoing.

Images from the scene show the car, a Toyota livery cab, with extensive damage to the hood and grille, indicating the driver was likely exceeding the 25 miles per hour speed limit. While the Post and the Daily News blamed the child for being in the street, WNBC spoke with witnesses who said the driver was speeding.

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Cab Driver Who Killed Cooper Stock Remains Eligible for TLC License

The cab driver who killed Cooper Stock is still eligible to be licensed by the Taxi and Limousine Commission.

Cooper Stock

Cooper Stock

Koffi Komlani struck 9-year-old Cooper and his father, Richard Stock, in an Upper West Side crosswalk in January 2014. This week, Komlani pled guilty to careless driving and was sentenced to a nominal fine and a six-month suspension of his drivers license. Though Cooper and his dad were walking with the right of way, Manhattan District Attorney Cy Vance filed no criminal charges against Komlani.

The TLC opted not to renew Komlani’s probationary hack license when it expired last July — which, under current agency rules, means he could be re-licensed.

“We did opt not to renew, but legally, for all intents and purposes, it was still a simple expiration, and the law provides for the opportunity to reapply for a new license after an expiration,” TLC spokesperson Allan Fromberg told Streetsblog. “But if he were to reapply, he would be subject to a stringent fitness review, which would take his history fully into account.”

Komlani would not be the only cab driver to kill or seriously injure someone and remain in good standing with the TLC. The cab drivers who fatally struck Kelly Gordon and Timothy Keith, and the cabbie who severed the leg of Sian Green, to cite just three instances, reportedly retained their hack licenses.

The law adopted in Cooper’s name, which took effect last September, gives TLC discretion to revoke a hack license only if a cab driver is convicted of a traffic violation or a crime following a crash that causes death or critical injury. The TLC suspended the license of Uber driver Aliou Diallo after he killed Wesley Mensing and injured Erin Sauchelli in Manhattan last January, but reinstated Diallo after the sole charge against him, a ticket for driving without a license, was dismissed by the DMV.

Cooper’s Law was intended to get dangerous cab drivers off the streets. But with drivers who have killed people still eligible for TLC licenses, agency rules clearly need additional reforms.

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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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