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Posts from the Children Category


DA Ken Thompson: Felony Plea for Driver Who Killed Roshard Charles, 5

A driver who fatally struck a little boy in Crown Heights and left the scene has pled guilty to felony hit-and-run.

On March 16, 2014, 5-year-old Roshard Charles was walking with his mother, little brother, and a friend on Empire Boulevard between Nostrand Avenue and Rogers Avenue when a driver aiming for a parking spot backed into him with a minivan. According to reports, as Roshard’s mother screamed and pounded on the van, Elizabeth Mayard drove away. Reports said Mayard ran red lights as she fled westbound on Empire, and was convinced by a witness who followed her to return to the scene.

Roshard Charles

Roshard Charles

From the Daily News:

[Witness Thomas] Barry and two others lifted the boy and put him on the hood of a parked car to try to keep him awake until help arrived, he said.

“Three or four times it was like he was going into the fetal position, and then he wasn’t moving anymore,” said a witness who lifted the boy. “He didn’t move again. He just didn’t move.”

The Daily News reported that Roshard “darted away from his mom,” a claim that did not match accounts from other media outlets, NYPD, or Roshard’s mother.

Rochelle Charles spoke with DNAinfo :

“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.”

Brooklyn District Attorney Ken Thompson charged Mayard with leaving the scene of a crash that resulted in death, a D felony, as well as misdemeanor reckless endangerment, reckless driving, careless driving, and unsafe backing of a vehicle. According to court records, last week Mayard pled guilty to leaving the scene, the top charge against her. Thompson did not charge Mayard for taking the life of Roshard Charles.

Class D felonies carry penalties ranging from probation to seven years in prison. Mayard is scheduled to be sentenced in January.


Sidewalks Are No Sanctuary: Driver Jumps Curb, Kills 3 in the Bronx

Nyanna Aquil, left, and Kristian Leka, were two of three people killed in the Bronx by a curb-jumping driver on Halloween, along with Nyanna’s grandfather Louis Perez. Photos via Daily News

Nyanna Aquil, left, and Kristian Leka, were two of three people killed in the Bronx by a curb-jumping driver on Halloween, along with Nyanna’s grandfather Louis Perez. Photos via Daily News

A motorist killed three people Saturday, including a 10-year-old girl, and injured three others when he drove onto a Bronx sidewalk crowded with trick-or-treaters.

Police told the media Howard Unger, 52, of the Bronx, was driving west on Morris Park Avenue in a Dodge sedan at around 5 p.m. when he hit another vehicle from behind multiple times, hit a bus, and drove against oncoming traffic before going over the curb near Bogart Avenue.

Witnesses said the vehicle struck the victims on the sidewalk and went airborne. Photos from the scene show the car atop a fence, several feet off the ground, outside 936 Morris Park Avenue.

Unger killed Nyanna Aquil; her grandfather, 65-year-old Louis Perez; and Kristian Leka, 24, who according to the Times “was holding his younger sister’s hand to keep her safe.” Perez’s 3-year-old granddaughter, Leka’s sister, and Leka’s fiancé were injured.

From the Daily News:

“The guy in front of my feet, his body was torn in half. He was dead already,” said Kristina DeJesus, a hospital administrative assistant.

There was a young girl on the side of the car. She was like, ‘Can somebody help me?’ I was screaming at her, ‘Whatever you do, don’t move!’

“I had no time to cry … to react,” she added. “My body went into help mode.”

Unnamed investigators told the Times and the Post Unger may have had a seizure before the crash. The Daily News reported that Unger “did not have a history of seizures or other health issues,” according to his mother.

“We are looking at every possible aspect,” said Joe McCormack, vehicular crimes chief for District Attorney Robert Johnson.

Read more…


Trick-or-Treaters Need Safe Streets, Not “Be Seen!” Tweets

Halloween is the worst day of the year for child pedestrian fatalities in the United States. A 2012 study by State Farm found that the average number of children killed by drivers more than doubles on October 31 compared to other days, based on federal crash data from 1990 to 2010.

So what should be a holiday for care-free fun is marked by admonishments, directed at parents and kids, to avoid getting killed by motorists, like this tweet from the Federal Highway Administration. There’s also the National Highway Traffic Safety Administration, which has been tweeting all week about how children should “be seen.”

All fine, but maybe parents wouldn’t have to preserve their children’s lives by adding “retroreflective material” to costumes if transportation agencies made more of an effort to reduce crashes the other 364 days of the year. When the people at NHTSA put the onus on children to prevent crashes even as they neglect to regulate driver-distracting infotainment systems, how seriously do they take traffic safety?

Platitudes are not protecting children from reckless and inattentive drivers. If government agencies and officials want to keep kids safe, they’re going to have to do more than tweet about it.

Read more…


Civil Suit Compels Man Who Killed Ally Liao to Stop Driving for 5 Years

The corner where Allison Liao was killed was named in her honor. Photo: Families for Safe Streets

The corner where a driver failed to yield and killed Allison Liao was named for her. Photo: Families for Safe Streets

A bereaved family has done what NYPD, city district attorneys, and the New York State DMV usually fail to do: impose meaningful sanctions against a reckless driver, who in this case took the life of 3-year-old Allison Liao.

Ahmad Abu-Zayedeh failed to yield the right of way when he struck Allison as she walked hand in hand with her grandmother across Main Street in Flushing on October 6, 2013. The DMV found Abu-Zayedeh at fault for the crash, but revoked his license for just 30 days.

Allison Liao

Allison Liao

NYPD summonsed Abu-Zayedeh for failure to yield and careless driving, but filed no criminal charges. The DMV later threw out the tickets. The chief vehicular crimes prosecutor for Queens District Attorney Richard Brown, Charles A. Testagrossa, wrote off the crash as a blameless “accident,” and said Abu-Zayedeh was proceeding with a green light. In stories that are still online in their original form, the press falsely reported that Allison “broke free” from her grandmother, implying the victims were at fault.

As is common when drivers injure and kill people in NYC, civil court was the victims’ only available venue to hold the motorist accountable. This month, Allison’s parents, Amy Tam and Hsi-Pei Liao, settled a suit with Abu-Zayedeh. Under the terms of the settlement, Abu-Zayedeh surrendered 75 percent of his net worth, acknowledged complete responsibility for the crash, and signed a notarized agreement to not drive or apply for a license for five years [PDF].

Attorney Steve Vaccaro, who represented the Liaos, told Streetsblog that extended loss of driving privileges and fines that are calculated as a percentage of the driver’s assets are the norm in other countries. “What we’ve attempted to do in this settlement is to bring that much more serious approach toward accountability for reckless driving to the United States in the context of this civil suit,” Vaccaro said.

“It reflects a comprehensive approach toward justice that victims’ families increasingly are taking in these types of cases, and has the potential to change the way drivers regard the risks of reckless driving,” said Vaccaro, who noted that an insurance settlement is the standard civil penalty for a serious crash. “If there are risks like having to make a public apology, having to forgo driving for years, and now with the Right of Way Law, which very much was passed in the wake of and because of Ally Liao’s death, criminal penalties, perhaps drivers will start to get the message about their awesome responsibility to drive safely.”

As members of Families for Safe Streets, Amy Tam and Hsi-Pei Liao have worked with other victims to draw attention to New York City’s reckless driving epidemic, and to advocate for legislative reforms intended to make streets safer.

“It’s been an honor to represent the Liao family,” Vaccaro said. “They should be regarded as heroes by all parents and all New Yorkers for their sacrifice and stance against traffic violence. This settlement, which I consider unprecedented, is due to their perseverance and willingness to make a comprehensive notion of justice their overriding goal.”


DA Robert Johnson: Manslaughter Charges for Cab Driver Who Killed Two

Bronx DA Robert Johnson says cab driver Emilio Garcia was off his epilepsy medication when he killed Tierre Clark and Kadeem Brown. Image: News 12

Bronx DA Robert Johnson says cab driver Emilio Garcia was off his epilepsy medication when he killed Tierre Clark and Kadeem Brown. Image: News 12

District Attorney Robert Johnson has filed felony charges against the green cab driver who killed two people on a Bronx sidewalk.

Johnson’s office told Gothamist Emilio Garcia was off his epilepsy medication when he hit 5-year-old Tierre Clark and Kadeem Brown, 25, at the Grand Concourse and E. 170th Street on March 20.

Bronx DA Robert Johnson

Bronx DA Robert Johnson

Reports published after the crash said Clark also hit a 55-year-old man and a 39-year-old woman, who according to some outlets was Tierre’s mother, as they waited for a bus.

From Gothamist:

According to a spokeswoman for the Bronx DA’s office, Assistant DA Morgan Dolan argued in court that Garcia had been aware of his epilepsy, and had also been involved in a minor crash on December 31, 2014 — a few months before the crash that killed Brown and Clark. The earlier crash took place at East 149th Street and Brook Avenue in the South Bronx last New Years Eve, and resulted in minor injuries to another driver.

Garcia was charged with manslaughter and homicide, Johnson’s office told Streetsblog. Court records say he was arraigned on October 15 and held on $100,000 bond.

The Bronx crash resembles the case of garbage truck driver Auvryn Scarlett, who killed two tourists in Manhattan in 2008 after he went off his medication and had a seizure behind the wheel. Scarlett was convicted of murder, but last week an appeals court reduced the conviction to manslaughter. Prosecutors said Scarlett did not inform his employer or the DMV that he had epilepsy and that he went off his medication so he could drink.

Garcia’s trial is scheduled to begin in January.


Cab Driver Who Ran Over Kids on Bronx Sidewalk Blames Car

The livery cab driver who ran over four children and a woman on a Bronx sidewalk Wednesday blamed the car he was driving.

The driver, identified as Bialo Daillo, spoke with WNBC yesterday.

… Daillo … said he was heartbroken by the accident. The driver said he stepped on the break [sic] and the car wouldn’t stop. He said he feels fine physically, but is sad for those who were injured.

“I just care about the other people; I’m not bleeding. I’m sorry for the other people,” Daillo said. “Nobody wants that. Nobody wants this. I don’t know what happened.”

Daillo was driving a Toyota Camry. Video posted by WNBC shows him speed toward the intersection of Valentine Avenue and E. Kingsbridge Road, drive over a raised median, re-enter the roadway, jump the curb a second time and crash into a building where a group of children were waiting for a school bus. In the video the brake lights of the car don’t appear to activate until after Daillo is on the sidewalk where the victims were standing.

Three of the victims were a 33-year-old woman and her two kids. Two other children were also hurt. According to WNBC, an 8-year-old girl who was pinned under the car was in intensive care at Jacobi Hospital with a broken pelvis and broken legs.

Daillo, who according to the Taxi and Limousine Commission has held a for-hire vehicle license since 1998, works for Uber. Uber told Streetsblog he did not drive for the company yesterday. The TLC suspended Daillo from driving a cab pending the outcome of the NYPD investigation. Unless he is convicted of a crime or traffic offense, he will likely be reinstated by the TLC.

Immediately after the crash, anonymous police sources told the Post “no criminality was suspected.” No charges were filed yesterday. The NYPD public information office could not provide an update on the case this afternoon.

The crash occurred in the 52nd Precinct, and in the City Council district represented by Ritchie Torres.

Mayor de Blasio’s office sent a statement on the crash today, after I asked for one. It did not say the mayor planned to take any action relevant to the crash, such as directing DOT to inspect the site or reform rules that allow cab drivers who harm people to retain TLC licenses.

See prior Streetsblog coverage of yesterday’s crash here, here, and here.


Mayor de Blasio Busy Pandering to Motorists Hours After Kids Hit by Driver

Update: De Blasio spokesperson Wiley Norvell sent the following statement: “It’s painful and heartbreaking. Preventing crashes like this is precisely why Mayor de Blasio launched Vision Zero immediately after taking office. A full investigation is underway and the driver has been suspended, pending its outcome.”

You didn’t see Mayor Bill de Blasio talking about the four kids who were hit by a speeding cab driver on a Bronx sidewalk yesterday.

De Blasio could have visited the victims in the hospital. He could have held a press conference at the site of the crash. He could have directed DOT to analyze street conditions at the site and make improvements to help ensure such a crash doesn’t happen again. He could have pledged TLC reforms to get dangerous cab drivers off the streets regardless of whether NYPD or district attorneys file charges after a crash. He could have at least raised public awareness by issuing a statement acknowledging what happened and recommitting his administration to Vision Zero.

He did none of those things. But de Blasio kept his appointment for a nighttime presser on Staten Island, where for the second time in four months he had his picture taken while shoveling asphalt.

When a gas leak caused an explosion and building collapse in Harlem in 2014, the mayor acted swiftly, visiting the scene and issuing a detailed briefing later in the day. Apparently de Blasio didn’t find it necessary to respond when four children were mowed down on a sidewalk.

We have asked the mayor’s office for comment on yesterday’s crash. We’ll have more details on the crash later today.


TLC: Driver Who Hit Children on Bronx Sidewalk Works for Uber [Updated]

Warning: Graphic video

Updates below

The livery cab driver who sped onto a sidewalk and injured a woman and several children this morning in the Bronx was driving a vehicle affiliated with an Uber base, according to the Taxi and Limousine Commission.

TLC spokesperson Allan Fromberg said the cab operates from Uber’s Schmecken hub. Fromberg said the driver has held a TLC for-hire vehicle license since 1998.

The driver’s name has been shielded by the TLC and NYPD. The Post reported that he is 57 years old.

Video of the crash, published by the Post, shows a group of kids standing next to a building at 229 E. Kingsbridge Road when the car, a Toyota Camry, enters the frame at high speed, running them over.

The driver told police he “lost control” of the cab, according to the Post. NYPD used the same language to describe the crash to Streetsblog this morning.

Three of the victims were a 33-year-old woman and her two kids. Two other children were also hurt. Injuries to the children included broken legs, head trauma, and chest trauma, the Post reported. FDNY said two of the children were hospitalized in critical condition.

Police had filed no charges or issued no summonses as of this afternoon. Unless the driver is convicted of a crime or traffic violation he will in all likelihood remain in good standing with the TLC.

Drivers working for Uber or driving Uber-affiliated vehicles have killed at least two New York City pedestrians this year, including a 12-year-old boy who was hit in a school zone. A lawsuit stemming from one of the crashes claims the driver was distracted by Uber software. Speed was reportedly a factor in both collisions.

We have a message in with Uber for further details on the driver and the crash.

Read more…


NYPD: “No Criminality” as Cab Driver Runs Over Kids on Bronx Sidewalk

Several people, including a number of children, were seriously injured when a livery cab driver drove onto a sidewalk in the Bronx this morning.

At around 7:45 the driver, a man whose name was not released, “lost control” of a Toyota Camry at 229 E. Kingsbridge Road, according to NYPD. A police spokesperson said the driver hit one woman and four children on the sidewalk. Four victims were hospitalized in stable condition and one in serious condition, NYPD said.

FDNY said there were six victims: two in critical condition, three in stable condition, and one with a minor injury. The two critically injured victims were children, according to a fire department spokesperson.

NYPD told Streetsblog the Collision Investigation Squad, which works only the most serious traffic crashes, was dispatched to the scene.

WNBC reported that the driver was taken into custody this morning, but NYPD could not confirm. Unnamed police sources told the Post “no criminality was suspected.”

From the Post:

A passer-by comforted a 5-year-old boy as emergency workers arrived at Valentine Avenue and East Kingsbridge Road in Fordham Manor after the 7:45 a.m. accident

“I held his hand and he said, ‘I want to see my sister, I want to see my sister!’ He was so scared. I said, ‘Look at me! Look at my eyes! You’re going to be OK,’” said Nilda Guerrero, 57.

“He was crying and he wanted to hold his mother’s hand. I pretended I was his mother. And I held his hand. And I said, ‘Miguel, you’re going to be fine,’” she added.

“I heard a noise — a loud boom and a crash. There were people screaming. I ran over and there was a mother and daughter under the car,” said Migdalia Morales, 42, a parks worker.

“There was a little girl that had her legs stuck under the car next to the building,” she said

Read more…


And Now, Your Bike-to-School Moment of Zen

A snapshot of the morning commute on the first day of school from Doug Gordon, a.k.a. Brooklyn Spoke.

That is all.