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Posts from the "Children" Category

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Hit-and-Run Driver Charged With Reckless Driving for Killing 5-Year-Old

Last night just before 8:30, five-year-old Roshard Charles was crossing Empire Boulevard between Nostrand Avenue and Rogers Avenue with his mother, his baby brother, and a friend. They were just outside his family’s apartment when a double-parked driver threw her car in reverse, hit the gas and killed the boy as he was about to reach the sidewalk. The driver fled the scene, but now faces hit-and-run and reckless driving charges.

Rashard Charles. Photo: DNAinfo

Roshard Charles. Photo: DNAinfo

DNAinfo spoke this afternoon with Roshard’s mother, 27-year-old Rochelle Charles:

“I was with my baby. He was right here with me. She double parked. She wasn’t moving. She was just there. We were already walking, about to go on the sidewalk. And that’s when she started reversing really fast…I said, ‘Stop!’ I banged on [the van]. She reversed back. She heard me. She looked back. She tried to get him out of the wheel. And then she just drove off…How could you leave like that? I kept telling her to stop.”

Witnesses lifted the boy onto the hood of a nearby car and attempted to keep him awake before paramedics arrived, according to the Daily News. Charles was taken to Kings County Hospital, where he was pronounced dead. NYPD says no one else was injured in the crash.

“I love him so much. I took really good care of him,” Rochelle Charles told DNAinfo. “Saturday we went to Applebee’s. It’s just me and him. Last week, we went to the movies.”

The Daily News reported that the child “darted away from his mom” before the driver crushed him, but other media accounts do not include this allegation, and NYPD told Streetsblog this afternoon that this claim was not part of its record of the crash. The Collision Investigation Squad continues to investigate the death.

After striking Charles, driver Elizabeth Mayard, 23, of Brooklyn, fled the scene, running red lights as she drove westbound on Empire. According to the Wall Street Journal, another driver who saw the crash followed her for two blocks before she pulled over and the witness convinced her to go back to the crash scene. Another witness at the scene described Mayard as hysterically crying and apologizing. She now faces charges for leaving the scene of a fatal crash, reckless driving, and three red light violations.

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As Lucian Merryweather’s Family Grieves, Charges Against His Killer Reduced


Lucian Merryweather was one of at least 10 children age 12 and under killed by a New York City motorist in the last 12 months. As his family tries to cope with his death and joins others in demanding an end to traffic violence, court records say charges were downgraded against the driver who killed Lucian and injured his younger brother, Theodore.

“Our life the way it was is over,” said Lucian’s father, Gregory Merryweather, in a video by Sam Hagens, Leon Mastik, and Pieter Munnik, posted last week on The Nabe, a site produced by the CUNY Graduate School of Journalism. ”So ‘normal’ isn’t really the point anymore. It’s about finding another way to exist.”

“When you step back and look at it, you are surprised that that is your new community. You never envision yourself being one of those people.”

Anthony Byrd, 59, was indicted last month for the November 2 crash, which also injured a third pedestrian. Brooklyn District Attorney Ken Thompson described what happened in a February 14 press release:

According to the indictment, video surveillance showed that on November 2, 2013, at 12:49 PM, Byrd drove his 2000 Ford Expedition westbound along Dekalb Avenue. As Byrd made a left hand turn onto Clermont Avenue, he narrowly avoided hitting two pedestrians who were walking their dog. Byrd’s S.U.V. then swerved to the right and onto a sidewalk where he struck the exterior of a restaurant, The Black Iris, located at 228 Dekalb Avenue, and a parked vehicle. Pedestrians can be seen on the video running as the vehicle made a U-turn onto the sidewalk.

Byrd then accelerated his vehicle in a diagonal direction into oncoming traffic on Dekalb Avenue. The vehicle then struck a westbound car while driving in the wrong direction along Dekalb Avenue. According to the indictment, Byrd then veered off Dekalb Avenue and onto Clermont Avenue, where he struck and broke the leg of pedestrian Elaine Driscoll, 29. Byrd then hit 4-year-old and 9-year-old brothers who were walking down the street with their mother, Anna Kovel.

Lucian was pinned under the SUV and died at the scene. Theodore was severely injured, according to the press release.

“The death of this innocent 9-year-old child and the severe injuries to his 4-year-old brother were truly tragic and avoidable and we will seek to hold the defendant accountable for his actions,” Thompson said in the release. “The people of Brooklyn must be free to walk down the streets of our borough without fear that they may be run over or injured by a motorist driving dangerously.”

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DA Dan Donovan: Six Months for SI Hit-and-Run Driver Who Killed 5 Year Old

A Staten Island motorist who fled the scene after hitting a mother and two young children, fatally injuring the woman’s 5-year-old son, will serve six months in jail under a plea deal from District Attorney Daniel Donovan.

Kyrillos Gendy was killed by hit-and-run driver John Sanjurjo. Sanjurjo was not charged by Staten Island District Attorney Dan Donovan for killing Kyrillos or injuring his mother and sister, and will serve just six months in jail.

John Sanjurjo ran over Kyrillos Gendy, his 7-year-old sister Gabriella, and 35-year-old Erieny Thomas at around 8:25 p.m. on August 9, 2013, as they crossed Richmond Road. Kyrillos had “severe internal bleeding and no pulse” when he arrived at Staten Island University Hospital, where he was pronounced dead, according to the Times. Gabriella suffered a broken ankle, and Ms. Thomas “had a gash on her face.”

Mr. [Adam] Gendy [Kyrillos's cousin] said the family had not yet told Gabriella what had happened. “That’s a conversation we’re trying to figure out,” he said. “The mom is just an emotional wreck right now. She barely speaks.”

Adam Gendy told the Times he last saw Kyrillos an hour before the crash. “He hugged me, gave me a kiss. He’s very innocent, very full of energy, very loving. Loved Marvel superheroes. Could name you all the superheroes.”

Sanjurjo, accompanied by an attorney, waited until the next day to turn himself in to police. ”Sanjurjo’s 2013 Mercedes-Benz 350 matched the vehicle description, including dents in the hood from the impact,” the Daily News reported. “The force of the impact sent Kyrillos flying through the air. Bits of scattered food that Kyrillos’ family was carrying were found on the car.”

On the day of Kyrillos’s funeral, Sanjurjo, 33, was arraigned and freed on $35,000 bail. He was charged with one count of leaving the scene of an accident resulting in death, and two counts of leaving the scene of an accident resulting in injury. ”You got the wrong guy, man,” Sanjurjo told reporters outside the courthouse.

A handful of times in recent memory, New York City district attorneys have brought homicide charges against sober drivers in fatal crashes. But Donovan did not charge Sanjurjo with assault or homicide for injuring Kyrillos’s mom and sister and leaving the boy to die in the street.

New York State law gives drivers an incentive to leave the scene of a serious crash. For one thing, the penalty for hit-and-run is less severe than the penalty for drunk driving. And under current law the decision to issue charges for leaving the scene rests on the ability to divine driver intent, lending credibility to the “I didn’t see him” defense. Cleaning up hit-and-run laws is one of the goals in the de Blasio administration’s Vision Zero plan.

On February 28, Sanjurjo pled guilty to the top leaving the scene charge, a class D felony that carries a maximum penalty of seven years in jail, according to court records and the Staten Island Advance.

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DOT Plans Changes for UWS Intersections After Pedestrian Deaths [Updated]

Video: Barron Lerner, uncle of Cooper Stock, speaks at last night’s CB 7 forum.

Update: DOT’s presentation on the intersection of Broadway and W. 96th Street is here.

DOT last night presented proposals to improve conditions for pedestrians in an area of the Upper West Side where three people were killed by motorists in January.

The Community Board 7 forum was packed with residents and electeds, who are looking to the city to take action in the wake of the deaths of Cooper Stock, Alexander Shear, and Samantha Lee.

At 96th and Broadway, where Shear was struck by the driver of a tour bus, the biggest change would be a ban on left turns from Broadway by southbound drivers, and the addition of a crosswalk linking Broadway’s center medians north and south of 96th, according to CB 7 member Ken Coughlin.

There is a subway entrance in the middle of Broadway on the south side of the intersection, a project that precipitated the removal of a significant amount of sidewalk space. Coughlin told Streetsblog pedestrians at the northwest corner of the intersection can be forced to wait almost two minutes to reach the subway entrance, since they have to cross both 96th Street and Broadway.

In addition to reducing conflicts between pedestrians and turning drivers, Coughlin says “The new plan gives pedestrians a second option, to cross in the middle, and cuts the wait way down.” Left turns from northbound Broadway onto 96th would still be allowed, Coughlin says.

“These [southbound] turns are currently very dangerous for pedestrians because the turn phase starts before those crossing 96th on the east side of Broadway get their walk signal,” says Coughlin. “Seeing traffic on 96th stopped for a red, many pedestrians start walking, unaware that turning traffic is coming toward them to their left.”

At W. 97th Street and West End Avenue, Gothamist reports that DOT has increased the leading pedestrian interval from six to 12 seconds, will be adding “yield to pedestrians” signage, and will consider adjusting signal times on 97th from Amsterdam Avenue to Riverside Drive. Most important, DOT will daylight the intersection by removing three parking spots, according to Gothamist.

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Barron Lerner: It’s Time to Treat Reckless Driving Like Drunk Driving

The most basic flaw in the New York State traffic justice system is that in most cases it fails to hold motorists accountable for deadly recklessness. Unless a motorist is under the influence of alcohol or drugs, killing someone with a car is usually not considered a crime.

Barron Lerner. Photo: ##http://medicine.med.nyu.edu/medhumanities/featured-writing/lerner-why-history-of-medicine##NYU##

Barron Lerner. Photo: NYU

In a column for the Times, Barron Lerner, whose 9-year-old nephew Cooper Stock was killed by a cab driver in Manhattan this month, says it’s time to treat reckless driving like drunk driving. “Reckless driving, circa 2014, is what drunk driving was prior to 1980: it is poorly defined in the law, sometimes poorly investigated by police and almost never results in a criminal charge,” he writes.

An NYU professor and author of “One for the Road: Drunk Driving Since 1900,” Lerner writes that today’s attitudes toward everyday recklessness resemble societal and legal norms during the decades when efforts to criminalize drunk driving were met with “cultural indifference.”

Well into the 1970s, police and prosecutors looked the other way, seeing drunk drivers either as diseased alcoholics, young men sowing their wild oats or, paradoxically, victims themselves, even if they killed or maimed people. Judges and juries — perhaps because they, too, secretly drank and drove or knew those who did — were reluctant to convict.

Police told family members that their loved ones — the actual victims — had been “in the wrong place at the wrong time.” Crashes were called accidents.

This is, of course, exactly how law enforcement reacts to crashes like the one that killed Cooper Stock, who was in a crosswalk with his father when both were hit by a cab driver who reportedly took a turn without slowing down. No charges were filed against the driver, and no action was taken against his hack license.

“The police reassured my brother-in-law, Dr. Richard G. Stock, who was holding Cooper’s hand at the time of the crash, that a Breathalyzer done at the scene was negative,” Lerner writes. “Yet merely looking for alcohol or drug involvement by the driver misses the point.”

In the 80s, Lerner writes, collective action by parents and other loved ones, through groups like MADD, forced a “sea change” that brought about laws that toughened penalties and lowered legally acceptable blood alcohol levels. Their activism also attached a social stigma to driving drunk, making the public realize that “drunk drivers were still responsible for the damage they caused, even though the harms they inflicted were unintentional.”

Lerner says a similar shift is needed if New York City is to achieve Vision Zero. “If Cooper died because an impatient or distracted driver made a careless decision, then that driver should be as guilty of a crime as someone who drank alcohol or used drugs before driving,” he writes. “Let’s make destruction caused by irresponsible driving a true crime. And let’s do it soon.”

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The Suburb Where Everybody Can Walk to School

Lakewood, Ohio, a city of 51,000, makes due with no school buses, thanks to thoughtful planning. Image: Lakewood City School District

In Lakewood, Ohio, a suburb of Cleveland, thoughtful planning means kids can get to school in a healthy way and the city can save money. Photo: Lakewood City School District

Lakewood, Ohio, population 51,000, doesn’t have any school buses. It never has.

Because of the way its schools were designed and sited, this inner-ring Cleveland suburb doesn’t need buses — every child in the district lives less than two miles from their classroom, and most are within one mile.

Lakewood calls itself a “walking school district.” It’s one of just a small handful in the state of Ohio. ”Our community likes the walking,” said Lakewood City School District spokesperson Christine Gordillo. “That’s kind of one of our brands.”

The school system also runs a small transportation program for students with special needs — about 100 students use it, out of 5,800. The rest of the students are on their own, whether they walk, bike, or get a ride (Lakewood doesn’t track how students travel). To transport students to sporting events, the district contracts with another school system.

Gordilla estimates the policy saves the district about $1 million a year, and that allows it to devote more resources to the classroom.

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At Upper West Side Vigil, Families Mourn 9-Year-Old Lost to Traffic Violence

Hours after Mayor de Blasio unveiled his administration’s approach to sharply reducing traffic deaths yesterday, hundreds of New Yorkers gathered at an Upper West Side intersection to mourn 9-year-old Cooper Stock, who was killed last Friday by a turning taxi driver while crossing West End Avenue with his father.

Koffi Komlani, the driver who killed Stock, has received only a summons for failure to yield to a pedestrian, and has not faced criminal charges or disciplinary action from TLC. The case remains under investigation by NYPD and Manhattan District Attorney Cy Vance.

“The fact that people can drive into people and kill them and get away with a traffic violation, which I understand is commonplace, is utterly appalling,” said Barron Lerner, Stock’s uncle, who was joined by the victim’s mother, Dana Lerner, at the vigil. ”I can’t imagine to live in a society that would tolerate that,” he said.

Julie Dermer, who lives in the same building as the Stock family and whose son was friends with Cooper, reminded the crowd that Upper West Siders have been advocating for safer streets for years, including a 2008 report with recommendations for 97th Street, where Cooper was killed. “The response has been, ‘We’ll study it,’” she said. “I’m not an urban planner, but this doesn’t seem like rocket science.”

Last year, Community Board 7 requested an honorary street renaming to memorialize 4-year-old Ariel Russo, who was killed by an unlicensed teen driver, but the same community board has dragged its feet for months and even years on safety fixes for major streets like Amsterdam Avenue. ”This community does not need more streets named after children who were killed by cars,” said Julie Kowitz Margolies, who also lives in the same building as the Stock family. ”What we need is safer streets that will keep our children safe and alive.”

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9-Year-Old Boy, Mother, and Senior Killed in Weekend of Motorist Violence

Three pedestrians were fatally struck by motorists over the weekend, bringing to seven the number of people killed while walking in New York City in the first two weeks of 2014.

Twenty pedestrians were killed by city motorists in January 2013, according to NYPD data, and 12 pedestrians and one cyclist died in January 2012.

Cooper Stock. Photo via DNAinfo

Cooper Stock. Photo via DNAinfo

Nine-year-old Cooper Stock was in a crosswalk with his father at West End Avenue and 97th Street  at around 9 p.m. Friday when both were hit by cab driver Koffi Komlani, according to reports. A motorist in a car behind Komlani spoke with the Daily News:

“He had to be distracted because there’s no way he could not see them, if I did,” [Ramon] Gonzalez, 46, said of the 53-year-old cabbie.

“The father grabbed his son. They were both on the hood of the car for a second. The father fell off the passenger side. The son went underneath the driver’s-side tire, first the front one, then the rear.”

Komlani, of West Harriman, didn’t brake until after he’d run over the boy with both wheels, according to Gonzalez, the assistant director of an educational nonprofit who lives in Chelsea.

Richard Stock suffered a leg injury. Cooper died at St. Luke’s-Roosevelt Hospital.

Cooper Stock was at least the twelfth child age 14 and under killed by a New York City motorist in the last 12 months, according to crash data compiled by Streetsblog. Year after year, traffic crashes remain the leading cause of injury-related death for children in NYC.

From DNAinfo:

The family released a statement about Cooper late Saturday, saying he loved the Yankees, rock and roll, and the Knicks. “Cooper was the life of the party even when there wasn’t a party,” the statement said. “He was light, he was reflective, he was beauty in motion, he was charismatic. He has been described as an old soul, and wise beyond his years.”

Komlani was ticketed for failure to yield on Friday. ”As of now, there are no disciplinary actions available to the TLC,” said Allan Fromberg, spokesperson for the Taxi and Limousine Commission, in an email. ”We’re awaiting the outcome of the NYPD investigation to make a determination of what options are available.”

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Unlicensed Truck Driver Kills Noshat Nahian, 8, in Northern Blvd Crosswalk

Unlicensed truck driver Mauricio Osorio-Palaminos killed Moshat Nahian, a third-grader who was walking to school this morning with his sister. Photo: WNBC via Daily News

Unlicensed truck driver Mauricio Osorio-Palaminos, 51, killed Noshat Nahian, a third-grader who was walking to school this morning with his sister. They were in the crosswalk on Northern Boulevard. Photo: WNBC via Daily News

This morning just before 8:00 a.m., Noshat Nahian, age 8, was on his way from his home on 32nd Avenue to school at PS 152 when a tractor-trailer driver turning left onto Northern Boulevard struck Nahian in the crosswalk along 61st Street. He was pronounced dead at Elmhurst Hospital.

The driver of the truck, Mauricio Osorio-Palaminos, 51, of Newark, New Jersey, has been arrested by police and charged with aggravated unlicensed operation of a motor vehicle and operation of a motor vehicle in violation of safety rules. The office of Queens District Attorney Richard A. Brown tells Streetsblog that Osorio-Palaminos has been charged with driving with a suspended license and that representatives from the DA’s office were at the crash scene this morning.

Aggravated unlicensed operation in the third degree is, in practice, the default charge against unlicensed drivers who kill pedestrians and cyclists in New York City. It carries a maximum penalty of a $500 fine and 30 days in jail.

According to reports, Nahian was with his 11-year-old sister, who ran home to get his mother. Once she arrived on the scene, a witness told the Post, “She was crying and asking ‘what’s going on?’” A small red holiday gift bag that Nahian was carrying to school was left in the street where he was killed.

Nahian is the eleventh New York City child under age 13 killed by drivers so far this year, according to data compiled by Streetsblog. Traffic crashes are the leading injury-related killer for New York City children, according to the Department of Health. In a similar crash last February, Amar Diarrassouba, 7, was killed by a turning truck driver while walking to school in East Harlem with his 10-year-old brother.

The truck involved in today’s crash is registered in New Jersey and owned by Roadtex Transportation Corporation. Streetsblog’s inquiries with Roadtex about the driver have not been returned. Because the truck is not registered in New York, it is exempt from state laws requiring crossover mirrors, which improve visibility near the truck’s cab.

The truck appears large enough to require an oversize permit from the city, which are necessary for trucks longer than 55 feet to operate on surface streets. NYPD said its Collision Investigation Squad is looking into whether the driver had the required permits. Video from the crash scene captured by DNAinfo reporter Katie Honan shows NYPD investigators testing the truck’s brakes this morning.

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Cab Driver Who Killed 5-Year-Old Remains in Good Standing With TLC

The cab driver who killed a 5-year-old child in Brooklyn last year is still on the road. Meanwhile, the civil suit filed by the victim’s parents was transferred to NYC this week from Texas, where the family lives.

Timothy Keith

Timothy Keith

In April 2012, Timothy Keith and his mother and father were on their first trip to the city when, shortly after they dropped off their bags at a hotel, the child was struck on Hicks Street, in Cobble Hill. Reports published after the crash said Timothy, who was deaf, ran into the street.

“I saw taxi yellow so fast,” Timothy’s mother Eva Keith, who is also deaf, told the Daily News. “Driver hit my son but my son can’t hear.”

“There was no time,” cab driver Usman Gul told the Post at the scene. “He stepped out and I hit the brake.”

Timothy died from his injuries days later. Gul was not charged by NYPD or Brooklyn District Attorney Charles Hynes.

The suit, which names Autumn Cab Corporation and NYC Taxi Group as defendants, claims Gul was speeding.

The intersection of Hicks and Amity in Brooklyn, New York is a busy, residential intersection where vehicles are commonly parked on the side of the road. Defendants’ employee and/or agent, Mr. Gul was negligently traveling at high speed under the conditions presented and failed to keep a proper lookout. Mr. Gul’s taxi struck Timothy Keith and caused his body to impact the street pavement with severe force.

The complaint says the defendants were “negligent in failing to properly train and supervise” Gul, and claims the cab companies failed to “have necessary safety policies and procedures in place regarding the operation of Yellow Cabs in residential, high foot-traffic areas.”

According to TLC records, in November Gul’s license to drive a cab was renewed for two years.

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