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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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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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Driver Who Killed 9-Year-Old on Sidewalk Can Regain License in 5 Years

New York Court of Appeals Judges Jenny Rivera, Sheila Abdus-Salaam, Robert S. Smith, Susan P. Reid, and Chief Judge Jonathan Lippman are making it easier for reckless drivers to get away with killing people

New York Court of Appeals Judges Jenny Rivera, Sheila Abdus-Salaam, Eugene Pigott, Susan P. Read, and Chief Judge Jonathan Lippman.

The driver who ran over two children on a Brooklyn sidewalk, killing 9-year-old Lucian Merryweather and injuring his 4-year-old brother, will serve no jail time and be eligible to legally drive again in five years, pursuant to a plea arrangement with Brooklyn District Attorney Ken Thompson.

Thompson’s lead vehicular crimes prosecutor cited case law precedent from the New York Court of Appeals, the state’s highest court, as one reason the DA’s office did not seek a more severe penalty.

On the afternoon of November 2, 2013, Anthony Byrd hit two cars and a building after swerving to avoid two people in a crosswalk at DeKalb and Clermont Avenues. He next 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 brother. Lucian died at the scene.

Byrd was charged by former DA Charles Hynes with second degree assault, criminally negligent homicide, first and second degree reckless endangerment, criminal mischief, and several 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.

The Daily News reports that prosecutors and Byrd agreed to a plea of five years probation, 20 days of community service, and a five-year license revocation. The News reported that Lucian’s family did not object to the agreement.

Though Byrd pinballed through neighborhood streets, killing one bystander and injuring two others, Brooklyn vehicular crimes chief Craig Esswein said he didn’t have a strong case.

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MTA Bus Driver Runs Over 15-Year-Old Girl in Brooklyn Crosswalk [Updated]

Turning MTA bus drivers have killed at least 12 people in the last two years. Image: News 12

Turning MTA bus drivers have killed at least 12 people in the last two years. Image: News 12

Update: NYPD told Streetsblog the bus driver involved in this crash was arrested and charges are pending. Transportation Alternatives tweeted that, according to police, he was charged under the Right of Way law.

An MTA bus driver ran over a teenage girl in a Brooklyn crosswalk this morning.

The 15-year-old victim was walking north across Grand Street at around 8:45 when the Q59 driver, southbound on Union Avenue, struck her while turning left onto Grand, according to NYPD and DNAinfo.

Video from a nearby bodega’s camera shows the bus swinging around the corner just as the girl steps into the crosswalk, hitting her and then dragging her out of the frame.

“Oh my God, the lady was crossing the street. He did not see the lady. The people in the street were screaming,” said Jose Aguilar, 48, who owns nearby Grand Gourmet Deli.

“I saw the girl crossing the street. The bus came in fast,” said Aguilar’s worker, El Mehdi Ouafiq.

He said a woman stayed with the girl when she couldn’t pull her from under the tire.

A video Ouafiq shot shows the girl’s bright green shoes poking out from beneath the bus’ large wheel while a group of people huddle around her trying to help.

The Daily News reported that the victim “was pinned under the left front wheel.”

A spokesperson with the NYPD public information office said the victim suffered a severe leg injury. Reports on social media that the victim died were not true, the spokesperson said, but she had no further information. A tweet for confirmation on the victim’s condition to the Highway Department, which investigates traffic crashes, got no response.

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DOT Unveils Kensington, Windsor Terrace Safety Measures After Child’s Death

Schools dot the area where parents have pleaded with DOT to help slow speeding drivers. Image: DOT

Schools dot the area where parents have pleaded with DOT to help slow speeding drivers. Image: DOT

DOT is planning a number of street improvements for Kensington and Windsor Terrace after a hit-and-run driver killed a child last year.

Last November Lynn Reynolds, 78, drove a minivan over 14-year-old Mohammad Uddin as he walked home from school on E. Seventh Street at Caton Avenue in Kensington. Reynolds reportedly exited her vehicle after the crash before driving off. Her attorney said she “didn’t see” Uddin because it was dark.

As reckless drivers endanger children near neighborhood schools, and with another school under construction at the intersection where Uddin was killed, City Council Member Brad Lander joined parents who have for over a year urged the city to implement traffic safety measures in the area. DOT announced its plan [PDF] last week at a packed community meeting attended by Transportation Commissioner Polly Trottenberg.

DOT is working up a proposal for a road diet on Caton Avenue from Coney Island Avenue to Ocean Parkway, which would convert the street to one through-lane in each direction with a painted median, turning lanes, and pedestrian refuge islands “in select locations.” The plan may incorporate left turn treatments at Caton Avenue and Ocean Parkway, where pedestrians contend with speeding drivers and long crossing distances. No bike lanes included.

DOT is looking to reduce the speed limit around the new PS/IS 437 school, at Caton and E. Seventh, and PS 230 Lower to 20 miles per hour, with signage and speed bumps, pending studies to be completed this spring. New stop signs, signals, and markings would be installed on the streets around PS/IS 437, and E. Seventh and E. Eighth Streets would be made one-way. Parking regulations would be altered to establish drop-off zones for school buses and parents who drive their kids to the new school. Lander and DOT have requested a crossing guard for PS/IS 437.

The NYC School Construction Authority will add curb space on Caton Avenue between E. Seventh and E. Eighth Street, reducing crossing distances at the E. Seventh corner.

This spring, DOT will study new traffic control measures on blocks north of PS/IS 437 and PS 130, from Vanderbilt Street to Terrace Place between McDonald Avenue and 19th Street. Leading pedestrian intervals may be initiated at E. Seventh St. and Caton, Albemarle Road and Dahill Avenue, and Dahill Road at 12th Avenue, depending on the results of a study.

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DA Cy Vance: Most Manhattan Traffic Deaths Aren’t Crimes

Sofia Russo, whose daughter Ariel was killed by a Manhattan driver, is swarmed by reporters after asking Manhattan DA Cy Vance to meet with the families of crash victims. Photo: Brad Aaron

Sofia Russo, whose daughter Ariel was killed by a Manhattan driver, is swarmed by reporters after she asked District Attorney Cy Vance to meet with families of crash victims. Brooklyn DA Ken Thompson has agreed to work with Families For Safe Streets to hold drivers accountable for killing pedestrians and cyclists. Photo: Brad Aaron

All Cy Vance wanted to do was talk computer crime at the Yale Club, but Sofia Russo, who lost her daughter to traffic violence, wouldn’t let him stick to the script.

At a Crain’s breakfast in Midtown today, the Manhattan district attorney assured the capacity crowd that his office is going after gangs, targeting terrorists, and “keeping New York safe for business.” He also revealed that in five years he secured indictments in just 190 vehicular cases — including crashes involving drunk driving — which means he has allowed thousands of motorists to go unpenalized for injuring and killing people in traffic.

It’s pretty well established that Vance is serious about “cybercrime.” The Internet, Vance said this morning, is “our modern crime scene,” with fraud and other nefarious activity at “epidemic levels,” committed by perpetrators who “operate with impunity.” Vance touted a new lab dedicated to computer crimes, as well as a prosecutor training program. There are 85 assistant district attorneys assigned to computer-based crime in Vance’s office, he said, 15 of them full-time.

“Please consider this, those of you who are in the business world, my direct appeal,” said Vance. “If you see cybercrime, report it to us. Call me, call the head of our investigation division … and we will respond to you promptly.”

Though he promised to make traffic justice a priority when he first ran for office in 2009, Vance hasn’t been as committed to holding motorists accountable for causing physical harm to pedestrians and cyclists. His prepared remarks didn’t touch on the thousands of people killed and injured by reckless Manhattan drivers on his watch — victims whose experiences with the DA’s office have often been frustrating. Traffic violence didn’t come up this morning until moderator Erik Engquist, Crain’s assistant managing editor, asked him the following:

“It’s basically legal in New York City, with the exception of the $250 fine you get, to turn into a crosswalk and run over pedestrians — kill them, maim them, mutilate them — if you stop, get out, express sympathy, and pay your $250 fine for failure to yield to pedestrians in a crosswalk. During your campaign in 2009 you said that that was wrong, that if you kill a person it was a crime, and this ‘rule of two’ … that you have to be doing something else at the same time to justify a conviction, like be drunk for instance, should not apply. In fact, doesn’t it still apply? Have you really kept to that?”

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DMV Judge Delays Action Against License of Driver Who Killed Allison Liao

Amy Tam and Hsi-Pei Liao speak to reporters after the New York State DMV failed to take action against the driver’s license of the man who killed their daughter Allison. Photo: Brad Aaron

Amy Tam and Hsi-Pei Liao speak to reporters after the New York State DMV failed to take action against the driver’s license of the man who killed their daughter Allison. Photos: Brad Aaron

An administrative law judge for the New York State Department of Motor Vehicles today deferred a decision concerning the driver’s license of the motorist who killed 3-year-old Allison Liao.

In a packed hearing room at a DMV office in Jamaica, Sidney Fuchs watched video that showed an SUV driven by Ahmad Abu-Zayedeh run over Allison as she and her grandmother, Chin Hua Liao, crossed Main Street in Flushing, in a crosswalk with a walk signal. And he heard from police investigators, including the officer who summonsed Abu-Zayedeh for failure to yield and careless driving.

“My entire family has been suffering heartbreaking pain,” said Chin Hua, who stopped several times to compose herself as she described the crash via a translator. “It’s better to revoke the driver’s driver’s license.”

Fuchs twice asked Abu-Zayedeh if he wished to testify on his own behalf and, through his attorney, Abu-Zayedeh twice declined to speak. Fuchs rejected a request from Abu-Zayedeh’s attorney to dismiss the video, which Abu-Zayedeh has refused to watch, on the grounds that the person who gave it to police was not at the hearing to vouch for its authenticity.

Fuchs refused to consider documentation offered by the Liao’s attorney, Steve Vaccaro, that Abu-Zayedeh had alcohol in his system an hour after the crash. According to a civil suit filed by Allison’s family, Abu-Zayedeh told police he had consumed two glasses of wine before the collision. He tested positive for alcohol in his bloodstream, the suit says, but his BAC was below the .08 legal limit for driving. “That would be an issue for some other forum,” said Fuchs. “I prefer not to go into that.”

Fuchs also refused to allow the admission of Abu-Zayedeh’s New Jersey driving record, which Vaccaro said “demonstrates numerous violations,” and indicates that Abu-Zayedeh once surrendered his driver’s license.

“I do have my exhibits and evidence,” said Fuchs at the conclusion of the hour-long hearing. “I’ve heard the testimony. I will reserve decision.”

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DA Robert Johnson: No Charges for Driver Who Killed Child on Bronx Sidewalk

Bronx DA Robert Johnson filed no charges against the driver who hit 10 people, including at least three children, on a sidewalk outside a school, killing 8-year-old Rylee Ramos.

Bronx District Attorney Robert Johnson filed no charges against the driver who hit 10 people, including at least three children, on a sidewalk outside a Kingsbridge Heights school, killing 8-year-old Rylee Ramos.

Bronx District Attorney Robert Johnson filed no charges against a motorist who drove on a sidewalk outside a Bronx school in October, striking 10 people and killing 8-year-old Rylee Ramos.

New York City motorists have killed at least eight children age 14 and under in 2014 — one in the Bronx, two in Manhattan, and five in Brooklyn — according to crash data compiled by Streetsblog. NYPD and city DAs charged just one driver for causing a death.

On Friday, October 24, Sonia Rodriguez backed onto a curb outside PS 307 on Eames Place in Kingsbridge Heights as children exited the school after dismissal, according to the Daily News. At least three of the people she hit were children. A classmate and friend of Rylee’s was hospitalized, along with a 4-year-old girl and four women, the News said. Rylee’s mother was among the victims.

Rodriguez pinned Rylee to a pole with her car. “She must have not put her brakes on, and the car comes zooming out toward where the kids are coming out of the school,” witness Lenora Croft told the Daily News, which posted video of the crash. “What finally stopped the car was the green pole — and that’s where the little girl was standing.”

Rylee was pronounced dead at Saint Barnabas Hospital.

The Times reported in October that Rodriguez was questioned and released by NYPD. At that time a source with Johnson’s office told Streetsblog the crash was under investigation.

That was seven weeks ago. When as of last week the case hadn’t turned up in an online database of court records — likely indicating that no charges were filed — Streetsblog asked Johnson’s office for an update. Our message was not returned.

On December 11, the Riverdale Press reported that Rodriguez, whom the paper did not identify by name, “has not been charged, though police said an investigation is ongoing.”

Some perspective on “ongoing” crash investigations: The investigation into the death of 9-year-old Cooper Stock was officially open for months after Manhattan DA Cy Vance’s office told family members no charges would be filed against the cab driver who killed him.

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Does Cy Vance Use His Surveillance Camera Bank to Fight Traffic Violence?

In New York City, if you hit someone with a motor vehicle and keep driving, odds are you will get away with it. NYPD made arrests in just 25 percent of fatal hit-and-run crashes in 2012, according to Transportation Alternatives. And in many cases where the driver is eventually identified, a simple “I didn’t see her” is all it takes to satisfy prosecutors and police.

A hit-and-run truck driver nearly killed Wendy Ruther and her 3-year-old son Justin. Is Cy Vance putting his lauded video surveillance system to work on the case? Photo via DNAinfo

A hit-and-run truck driver nearly killed Wendy Ruther and her 3-year-old son Justin. Is Cy Vance putting his lauded video surveillance system to work on the case? Photo via DNAinfo

On December 1, a truck driver hit Wendy Ruther and nearly ran over her young son, Justin, as the pair walked to Justin’s preschool. The two were in a crosswalk at W. 65th Street and Broadway, DNAinfo reported, when the driver made a right turn, hit them both, and continued south on Broadway. CBS reports that NYPD has yet to make an arrest, and Wendy Ruther remains hospitalized with serious injuries.

“She recalls feeling the three wheels of the truck going over her,” said the woman’s husband, Aldo Lombardi.

The hit-and-run accident, steps away from Lincoln Center, a week ago Monday nearly killed her.

“She still cannot believe she is alive,” Aldo Lombardi said.

Wendy Lombardi has a crushed leg, a fractured pelvis, and a deep gash near her eye. The injuries came as she managed to save the life of her 3-year-old son Justin.

“He recalls being hit by a big wheel,” Aldo Lombardi said. “Wendy managed to push him off of danger.”

CBS says Aldo Lombardi “was told that the Lincoln Center security cameras at the scene were pointing the wrong way,” and “no one got a close look” at the driver. “I would ask him to come forward,” Lombardi said. “I would like him not to be on the streets.”

It seems that in Manhattan, at least, NYPD and vehicular crimes prosecutors have a powerful tool to help catch hit-and-run drivers, and collect evidence for other traffic crash cases. The recent New York Times profile of Manhattan District Attorney Cy Vance described a web of video surveillance cameras spanning the borough, with access at investigators’ fingertips.

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