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Posts from the "Children" Category

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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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Dana Lerner: Cy Vance Botched the Token Case Against My Son’s Killer

The cab driver who killed Cooper Stock is scheduled to be back in court in two months, thanks to what Stock’s mother Dana Lerner termed “inept” handling of the case by Manhattan District Attorney Cy Vance’s office.

Meanwhile, Koffi Komlani’s apparent defense — that weather was to blame for the crash — is the same excuse Manhattan prosecutors gave Lerner for not pursuing a criminal case.

Cooper Stock

Cooper Stock

Komlani went before a judge this morning to answer a summons for careless driving, the only charge issued to him after the January crash. Though Komlani hit both Cooper and his father, Richard Stock, as they crossed an Upper West Side street in the crosswalk with the right of way, Vance filed no criminal charges.

Today prosecutors added a summons for failure to yield. Komlani is fighting the tickets, so the case was continued. By the time Komlani is back in court to contest the two traffic summonses, it will have been 13 months since the crash.

Lerner released a statement today, via Transportation Alternatives:

Obviously a failure to yield violation should have been issued to the driver who killed my son, Cooper. It is unbelievable that the ticket was not presented to the driver at the scene when he killed Cooper. My persistence has led to heightened attention to the need for justice in this case — it should not be up to the loved ones of victims to ensure that the justice system does its job. Now my family must endure even more heartache as we wait for February when the driver will be in court again related to this long-overdue charge. Both the NYPD and the district attorney, at the very least, owe me a public explanation for this wrong-doing.

“They’re just so inept,” Lerner told the Post, referring to Vance’s office.

Careless driving carries a maximum penalty of up to 15 days in jail, a fine of up to $750, a license suspension of up to six months, and a drivers’ ed course. The minimum is no penalty. Outside the courtroom, Komlani’s attorney Raymond Colon said Vance has offered Komlani a license suspension and a fine.

Colon said there is video of the crash, but neither he nor Komlani have seen it. ”It was dark,” Colon said. “The weather may have been a little inclement, and there may have been a lot of traffic.”

Lerner told Streetsblog during an interview last summer that, in one of their early meetings, a Vance ADA said it would be difficult to make a case against Komlani because “it was raining” at the time of the crash.

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Driver Not Charged for Killing Girl, 10, and Injuring Mother in Borough Park

Workers clean the street after a motorist struck 10-year-old Blima Friedman and her mother. The Daily News reported that, according to NYPD, the victims were crossing "mid-block." Police charged the driver for taking the vehicle without permission, but did not charge him for killing Blima and injuring her mother.

Workers clean the street after a motorist struck 10-year-old Blima Friedman and her mother. The Daily News reported that, according to NYPD, the victims were crossing “midblock.” Police charged the driver for taking the vehicle without permission, but did not charge him for killing Blima and injuring her mother.

A motorist killed a 10-year-old girl and injured her pregnant mother as the pair crossed a street in Borough Park Tuesday night. Blima Friedman was at least the eighth child age 14 and under killed by a New York City driver in 2014, and the third in the last six weeks.

The crash occurred at around 8:57 p.m. The Daily News cited unnamed police sources who said Blima and her mother Sara Freeman were “crossing midblock” on 18th Avenue at 60th Street when Bilal Ghumman hit them with a Honda minivan. But a police spokesperson told Streetsblog the circumstances of the crash, including who had the right of way, remain under investigation, and photos of the scene appear to indicate the victims would have been at most a few feet outside the crosswalk.

Police said Ghumman, 22, was northbound on 18th Avenue when he made a left turn onto 60th Street and struck the victims. Ghumman was reportedly working as a valet for a nearby wedding, and NYPD said he was driving the minivan elsewhere without the owner’s consent. Ghumman had an outstanding warrant for a drug-related offense, according to NYPD and published reports, and he was arrested and charged with unauthorized use of a motor vehicle.

NYPD and Brooklyn District Attorney Ken Thompson filed no charges against Ghumman for killing Blima Friedman and injuring her mother.

From the Daily News:

The mother, apparently pinned under the vehicle, remained conscious after the collision and screamed for her severely injured daughter as both lay on the ground, witnesses said.

“We saw the lady and her child on the ground. She was in shock,” said witness Angel Santos, 18, who was walking to a bodega when he came upon the scene. “She was still on the ground. She was screaming, ‘Oh my God, is (she) OK? Is (she) OK?’”

The frantic woman was also grasping her belly, apparently in the first throes of labor, witnesses said.

“She was holding her stomach, she looked like she was in pain,” said Jasmine Torres, 19.

Freeman, 33, was taken to Lutheran Medical Center, where she delivered her baby. Both were in stable condition as of last night, according to the Times. Blima was declared dead on arrival at Maimonides Medical Center, NYPD said.

This fatal crash occurred in the 66th Precinct, and in the City Council district represented by David Greenfield.

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Families for Safe Streets Meets With Cuomo Rep to Talk DMV Reforms

In a meeting with representatives from Governor Andrew Cuomo’s administration Tuesday, members of Families for Safe Streets called for reforms to New York State Department of Motor Vehicles protocols, with the goal of discouraging reckless driving and obtaining some measure of justice for crash victims and their families.

New York State DMV Commissioner Barbara Fiala did not attend a Tuesday meeting with family members of traffic violence victims. Photo: NYS DMV

New York State DMV Commissioner Barbara Fiala did not attend a Tuesday meeting with family members of traffic violence victims. Photo: NYS DMV

Karen Rae, Cuomo’s deputy transportation secretary, met with relatives of crash victims at the governor’s Manhattan office. The meeting was arranged by Congresswoman Grace Meng [PDF], and was prompted by news that the DMV voided both traffic tickets issued by NYPD to the driver who killed 3-year-old Allison Liao in Queens in 2013.

A recording obtained by WNYC reveals that the administrative judge rushed through the hearing and declared the driver, 44-year-old Ahmad Abu-Zayedeh, ”not guilty” in a matter of seconds. The video that captured the collision was never screened.

Allison’s parents, Amy Tam and Hsi-Pei Liao, attended yesterday’s meeting. Also present were Amy Cohen, mother of Sammy Cohen Eckstein; Kevin Sami, whose father was killed in a crash; and attorney Steve Vaccaro. J. David Sampson, the agency’s executive deputy commissioner, represented the DMV. DMV Commissioner Barbara Fiala was expected to attend but was not there.

Officials and advocates discussed the January DMV “safety hearing” scheduled for Abu-Zayedeh, as well as last January’s hearing for the driver who killed Brooklyn pedestrian Clara Heyworth, when a DMV administrative judge relied mainly on the motorist’s own testimony to determine whether or not he would be allowed to drive legally again.

Families for Safe Streets presented the following recommendations to DMV:

  • A mandatory three-month license suspension for serious offenses while driving, including (a) hit and run; (b) aggravated unlicensed operation; (c) failure to use due care (VTL 1146); and (d) striking someone with the right of way (per NYC Administrative Code Section 19-190).
  • Reform the DMV point system so that higher point values apply to violations where someone is seriously injured or killed; prevent drivers from using adjournments to push points outside the 18-month window and avoid suspension.
  • Greater accountability for commercial drivers, enforced by a mandatory three-month or longer license suspension upon accrual of six or more penalty points.
  • Mandatory, prompt and publicly-noticed safety hearings at which victims, their families, and NYPD crash investigators can attend, present evidence and make statements; quarterly reporting of aggregate safety hearing outcomes and other statistics.
  • DMV’s adoption of the equivalent of the Federal Crime Victim’s Bill of Rights for victims’ families at traffic ticket hearings related to fatal crashes.

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Survey: With Parents Worried About Safety, Few NYC Students Bike to School

Although 70 percent of students said they live Images: Department of Health and Mental Hygiene

Although most sixth-graders surveyed live close enough to school to bike there, few of them do. Most students and their parents said local streets aren’t safe enough for biking. Images: Department of Health and Mental Hygiene

Just one percent of sixth-graders surveyed at 15 schools in Brooklyn, Manhattan, and the Bronx said they get to class by bike, scooter, or skateboard, according to a survey released by the Department of Health and Mental Hygiene last week [PDF]. Although most students live within walking distance of school, many of them take buses or cars to get to class. The report’s implication is clear: The rate of walking and biking to school in NYC may be far higher than other parts of the country, but there’s plenty of room for improvement.

The survey, first reported by Capital New York, is from the newly-formed Center for Health Equity, funded with $3.2 million in the de Blasio administration’s executive budget to address public health problems that disproportionately affect communities of color. The health department surveyed 1,005 sixth-graders, 24 parents, and principals at 15 schools in East Harlem, Bedford Stuyvesant, Bushwick, Highbridge, and Morrisania. It is not a representative sample of all NYC students, but it shows how kids get to school in walkable areas where most people are in the habit of getting around without driving.

Although 75 percent of students live within 20 blocks of school (about a mile), not all of these kids walk or bike to class. About 60 percent of all students said they walk, and just one percent arrive by bike, scooter, or skateboard. Nearly four in ten students don’t walk or bike, with 24 percent taking an MTA bus or subway, 14 percent being driven to school, and two percent riding a yellow school bus.

While a 61 percent mode share for active transportation might sound good compared to a national average of 13 percent, there’s a lot of room for improvement. The schools surveyed are located in zip codes that had a Walk Score greater than 85 out of 100, placing them in some of New York’s more walkable neighborhoods.

It’s hard to say how these numbers compare to other NYC schools because students and parents are rarely surveyed on travel choices. DOT said that in the relative handful of schools it works with directly, it typically finds that three-quarters of elementary students walk to school. At most middle and high schools, three-quarters of students walk or take transit. As with the DOHMH study, DOT said bike-to-school numbers barely register.

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Queens DA Richard Brown on Driver Who Killed Allison Liao: Accidents Happen

The lead vehicular crimes prosecutor for Queens District Attorney Richard Brown (pictured) says a motorist who was cited by NYPD for failure to yield and careless driving, and who tested positive for alcohol, “had a green light” when he killed 3-year-old Allison Liao and injured her grandmother by striking them in a crosswalk. Brown’s office filed no charges. Photos via WNYC and Queens DA’s office

A letter from District Attorney Richard Brown’s office explaining why no charges were filed against the driver who killed 3-year-old Allison Liao offers disturbing insight into the mindset of prosecutors charged with holding motorists accountable for serious traffic crashes in Queens.

The crash was captured on video. On the afternoon of October 6, 2013, Allison was walking hand in hand with her grandmother in a crosswalk at Main Street and Cherry Avenue in Flushing when the driver approached from behind and to their right. The motorist turned directly into them, striking both with the front corner of his SUV and pulling Allison under the left wheels. Her grandmother, Chin Hua Liao, was injured.

Police summonsed Ahmad Abu-Zayedeh for failure to yield and careless driving. Neither NYPD nor Brown filed criminal charges against him, despite concluding that Allison and Chin Hua had the right of way.

According to a civil suit filed by Chin Hua and Allison’s father, Hsi-Pei Liao, Abu-Zayedeh told police he had consumed two glasses of wine before the crash. Abu-Zayedeh tested positive for alcohol in his bloodstream, the suit says, but his BAC threshold was below the .08 legal limit for driving.

Even with video evidence, unless a driver is drunk, New York City prosecutors rarely charge for injuring and killing pedestrians and cyclists. Brown, for example, filed no charges against a motorist who drove onto a Maspeth sidewalk and hit five children, one of whom died shortly after the crash.

A December 2013 letter to City Council Member Peter Koo from Charles A. Testagrossa [PDF], the assistant district attorney who supervises investigations and prosecutions of fatal crashes in Queens, says the DA didn’t prosecute the driver who killed Allison Liao because he had a green light and stayed at the scene.

Wrote Testagrossa:

As you know, the accident occurred as Allison crossed Main Street in a crosswalk with her grandmother. The motorist who struck her had a valid driver’s license and a green light to make a left turn. The driver remained on the scene and waited for police to arrive. The driver was administered two breathalyzer tests (PBTs) on the scene and the results of the test did not rise to the level of impairment. In fact, the PBT readings were such that, pursuant to Vehicle and Traffic Law (VTL) Sect. 1195(2)(b), they were “prima facie evidence that the ability of such person to operate a motor vehicle was not impaired by the consumption of alcohol and that such person was not in an intoxicated condition.” Additionally, there was no evidence of excessive speed or phone usage at the time of the collision.

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NY State DMV Dismisses Tickets of Driver Who Killed Allie Liao [Updated]

The New York State Department of Motor Vehicles dismissed summonses for failure to yield and careless driving issued to the driver who killed 3-year-old Allison Liao in 2013. Image via ##https://twitter.com/KeeganNYC/status/530515713405231105##@KeeganNYC##

The New York State Department of Motor Vehicles dismissed summonses for failure to yield and careless driving issued to the driver who killed 3-year-old Allison Liao in 2013. Image via @KeeganNYC

Update: Streetsblog has filed a freedom of information request for documents related to the DMV’s dismissal of tickets issued by NYPD to Ahmad Abu-Zayedeh.

An administrative law judge with the New York State Department of Motor Vehicles threw out tickets issued by NYPD to the driver who ran over 3-year-old Allison Liao as she and her grandmother walked hand in hand in a Queens crosswalk.

The driver, identified by police as 44-year-old Ahmad Abu-Zayedeh, was turning left from Cherry Avenue onto Main Street in Flushing when he hit Allison on the afternoon of October 6, 2013. Though NYPD and the media initially said Allison “broke free” from her grandmother, video of the crash showed the pair walking together as Abu-Zayedeh approached from behind, striking Allison and pulling her underneath the SUV.

Abu-Zayedeh was summonsed for failure to yield and failure to exercise due care. Neither NYPD nor Queens District Attorney Richard Brown filed criminal charges against him for striking Allison. According to the Wall Street Journal, “Brown described the accident as a ‘tragedy’ and said he wouldn’t bring charges.”

On Thursday Allison’s parents, Amy Tam and Hsi-Pei Liao, learned that the DMV dismissed both tickets. The revelation came during a deposition of Abu-Zayedeh, according to attorney Steve Vaccaro, who is representing Tam and Liao in a civil suit. Allison’s family was not contacted by the DMV.

Streetsblog has reported before that, at least in some cases, the DMV adjudication process relies mainly on testimony from drivers involved in fatal crashes, not police reports or other evidence.

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Halloween: A Lot Less Scary If Drivers and Roads Were Safer

Halloween is fun because we get to be afraid of things that we know aren’t really scary. But for little trick or treaters in the United States, the danger posed by reckless drivers and unsafe roads is real.

A 2012 study by insurance company State Farm found that motorists kill more children on Halloween than on any other day of the year. Reported LoHud:

From 1990 to 2010, 115 pedestrians under the age of 18 were killed by motor vehicles on Oct. 31, an average of 5.5 fatalities a year during that period.  There are an average of 2.6 child pedestrian deaths other days of the year, the report found.

Above is a tweet from the Maryland State Highway Administration, which is loaning reflective vests for kids to wear tonight. The agency has a tip sheet for pedestrians and motorists, but holiday-themed PR campaigns are not a substitute for streets that are safe for walking 365 days a year.

Yet that doesn’t stop us from victim-blaming. ”Crowds of trick-or-treaters traveling the streets contribute to the increased risk,” wrote LoHud.

The State Farm study also noted that more than 70 percent of crashes that kill kids on Halloween “occurred away from an intersection or crosswalk,” implying that unsafe pedestrian behavior, rather than lack of pedestrian infrastructure, is the issue. State Farm advises parents and kids to “stick to neighborhoods with sidewalks.” While this advice is easy to follow in some major cities, complete streets are not the norm in most of the country.

Suggesting pedestrians wear reflective tape and asking motorists to not kill people isn’t getting the job done. To keep kids safe every day, we need streets designed to accommodate them.

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It’s Still Legal to Run Over a Child on a New York City Sidewalk [Updated]

An 8-year-old girl run over on the sidewalk outside her Bronx school Friday was one of at least two New York City pedestrians killed by motorists over the weekend. A woman struck while walking to work in Brooklyn Sunday morning was the second victim. No charges have been filed in either crash. NYPD and the Post blamed the Brooklyn victim for her own death.

Rylee Ramos. Photo via Daily News

A driver fatally struck 8-year-old Rylee Ramos and injured several others, including two more children, on the sidewalk outside a Bronx school. No charges were filed. Photo via Daily News

On Friday afternoon, Sonia Rodriguez backed onto a sidewalk adjacent to PS 307, striking 10 people, according to reports. At least two victims, including third-grader Rylee Ramos, were students who had just been dismissed from school. From the Daily News:

Rylee and her friend, Genesis Rodriguez, were only paces away from the school’s front door along Eames Place in Kingsbridge Heights when a blue Honda Accord hopped the curb and hit them about 2:45 p.m. The 55-year-old woman behind the wheel then tried to drive forward but all that did was “hit more people,” said Eliasser Lopez, 11. “It was something out of this world,” Eliasser said of the horror.

When the driver finally stopped, Rylee was injured beyond saving, though some tried to give her CPR. The car hit the girl so hard it crushed one of her lungs, family members said.

“[Sonia] Rodriguez hit a chain-link fence,” the Daily News reported, “a wrought-iron gate and a parked vehicle before pinning little Rylee to a pole, police said.” 

Ramos was pronounced dead at St. Barnabas Hospital. Genesis Rodriguez was hospitalized, as was a 4-year-old girl and four women.

Video posted by the Daily News, embedded after the jump, shows the car backing onto the sidewalk as Rodriguez appears to accelerate. Friday’s incident was reminiscent of a 2013 crash in which a motorist hit five children on a sidewalk near a school in Maspeth. Several children sustained severe, life-altering injuries as a result of the Queens crash, and one victim died days later from a reported asthma attack. The driver, identified as Francis Aung Lu, was not charged by NYPD or District Attorney Richard Brown.

Rodriguez was questioned and released by police after the Bronx crash, according to the Times. Streetsblog has asked DA Robert Johnson’s office if charges are being considered. Update: A source with Johnson’s office says the crash is under investigation.

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