Skip to content

Posts from the "Curb Jumping" Category

35 Comments

Surviving a Walk in NYC Should Not Depend on Luck

As far as Bill de Blasio's NYPD and TLC are concerned, this never happened. Image: CBS 2

As far as Bill de Blasio’s NYPD and TLC are concerned, this never happened. Image: CBS 2

The Taxi and Limousine Commission says it doesn’t know anything about a cabbie who drove onto a Midtown sidewalk, hit a pedestrian, and crashed into a building earlier this week. Other than to deflect blame from the driver, NYPD has refused to release information about the crash.

It happened Monday morning. From the Post:

“He [the pedestrian] was literally flying. He fell right here in front of this window,” said Elsa Gomez, 28, who works in Macaron Cafe on East 59th Street near Madison Avenue.

The cab careened onto the sidewalk at around 11:50 a.m. and continued into the front of an eyeglass store, shattering its window.

“It was a huge, scary noise,” said James Escobar, 50, owner of Page and Smith Opticians.

“We were working inside … and we heard a big, huge boom,” Escobar told CBS 2. “I couldn’t even open the door.”

The pedestrian was hospitalized with a leg injury, reports said. “We were lucky,” said Escobar.

NYPD declined to release information about the cab driver or the victim to the press, other than the normal exculpatory statements about the driver. Police told CBS 2 “the cabbie somehow lost control of his vehicle,” and the Post reported that “his license was valid and there were no signs of criminality.”

When I called the department’s public information office, I was told to send an email request. This is NYPD’s polite way of saying “Go away.” I have emailed NYPD many times in seven-plus years at Streetsblog, and have never received a response. We’ll update if we hear back.

Read more…

15 Comments

Will Cy Vance Fail to Prosecute Another Serious Midtown Curb-Jump Crash?

New Yorkers have seen this before.

Manhattan District Attorney Cy Vance sees no evidence of recklessness here. Photo: ##https://twitter.com/FDNY/status/496750617613066240##@FDNY##

No evidence of recklessness here, says Manhattan District Attorney Cy Vance. Photo: @FDNY

On a beautiful summer day, a professional driver with a history of recklessness behind the wheel drives onto a crowded Midtown sidewalk, striking multiple people and causing serious injuries. The driver lays blame elsewhere, on factors he claims were beyond his control. Meanwhile, staff from Manhattan District Attorney Cy Vance’s office, who don’t normally discuss vehicular crimes with reporters, issue statements assuring the public that prosecutors are on the case.

It was one year ago this month that yellow cab driver Mohammad Faysal Himon severed the leg of tourist Sian Green. In November, Vance’s office announced that no charges would be filed.

On Tuesday afternoon, William Dalambert crashed a Gray Line double-decker bus into an SUV and another sightseeing bus at 47th Street and Seventh Avenue, then jumped the curb and knocked over a light pole, injuring 18 people. Dalambert has anywhere from 11 to 20 license suspensions on his record, according to reports. He has been cited for speeding, using a cell phone while driving, and driving without a license. Video reportedly shows him accelerating before Tuesday’s crash, as the light in front of the bus turned red. Dalambert claimed the brakes on the bus failed, but investigators found no evidence of a mechanical problem.

Dalambert was arrested for driving while ability impaired, but further tests indicated no intoxication, and to this point Vance has filed no charges.

“[A]t this present stage of the investigation, there is not sufficient basis to conclude that the defendant was operating the tour bus in a reckless manner,” read a court notice filed by Vance’s office. Vance spokesperson Joan Vollero said the office is still investigating: “We are awaiting results of the full toxicology report. We are taking this matter seriously.”

Whether or not Dalambert was under the influence, that he drove into two vehicles, mounted the curb and injured multiple bystanders is not in dispute. Only through sheer luck did the people in his path escape death, and the severity of the victims’ injuries is not publicly known.

There is video of this crash, and, as with the Sian Green case, no shortage of witnesses. And yet — as with the Sian Green case — Vance has issued no charges for recklessness or criminal negligence.

Time will tell if DA Vance steps up in this instance to protect New Yorkers from dangerous drivers, or if the outcome of this serious crash will be déjà vu all over again.

13 Comments

No Homicide Charge for Unlicensed Curb-Jumping Driver Who Killed SI Woman

A motorist who crashed on a Staten Island sidewalk was charged by District Attorney Dan Donovan with driving without a license and drug possession, but not for killing one pedestrian and hospitalizing another.

Christal Aliotta. Photo via Staten Island Advance

Christal Aliotta. Photo via SI Advance

On the afternoon of June 9, a motorist jumped the curb and hit 31-year-old Christal Aliotta and her 20-year-old cousin Stephanie Canecchio as they walked along Hylan Boulevard at Cleveland Avenue in Great Kills. Aliotta, the mother of two young daughters, died at the scene. She was struck after reportedly pushing her cousin out of the driver’s path.

Police arrested Michael Fox, 23, who according to a criminal court complaint was found at the scene inside a 2005 Honda Accord with the engine running. The complaint says officers discovered a “hypodermic syringe, spoon with residue and tourniquet band” in the car, and found “two glassines containing heroin residue” in Fox’s pockets. Fox’s license had been suspended on May 23 for failure to answer a traffic summons, according to the complaint and the Staten Island Advance.

Fox was charged with possession of a controlled substance and third degree aggravated unlicensed operation, both misdemeanors. He was not charged with homicide or assault for killing Aliotta and injuring Canecchio. The criminal court complaint and arrest report only mention the victims in passing.

A spokesperson for Donovan’s office told Streetsblog prosecutors have Fox’s toxicology report, but declined to say what the results were. “[W]e are still reviewing them as the case is ongoing,” the spokesperson said via email.

On the day of her daughter’s wake, Lisa Canecchio said she wants Donovan to upgrade charges against Fox. From the Advance:

Read more…

5 Comments

Sidewalk-Jumping Driver Kills One Pedestrian, Injures Another in Great Kills

Photos from the scene of a Monday afternoon crash show a Honda on the sidewalk on the northeast corner of Hylan Boulevard and Cleveland Avenue. Image: Google Maps

The northwest corner of Hylan Boulevard and Cleveland Avenue. Image: Google Maps

Update: The victim who died in this crash was identified as Christal Aliotta, 31. As of Tuesday the driver, 23-year-old Michael Fox, was charged with aggravated unlicensed operation and drug possession, according to the Advance.

Police say charges are pending after a curb-jumping driver killed one pedestrian and injured another in Staten Island this afternoon.

At around 1:44 p.m. a motorist drove onto the sidewalk at Hylan Boulevard and Cleveland Avenue in Great Kills, striking two women, according to the Staten Island Advance. An FDNY spokesperson said two people were transported but did not have information on their conditions. The Advance reported that, according to NYPD, one victim died at the scene, and the other was hospitalized in stable condition.

A photo published by the Advance shows a tan Honda sedan with extensive front end damage on a sidewalk surrounded by police tape. ”Several personal items, including a bag and shoes, were strewn about the sidewalk nearby,” the Advance reported.

NYPD told Streetsblog charges against the driver were forthcoming. Police had not released the names of anyone involved in the crash as of this writing.

New York City motorists have fatally struck at least 17 pedestrians on sidewalks, in open fields, and in places of business since January 2013, according to crash data compiled by Streetsblog.

This fatal crash occurred in the 122nd Precinct. To voice your concerns about neighborhood traffic safety directly to Captain Robert Bocchino, the commanding officer, go to the next precinct community council meeting. The 122nd Precinct council meetings happen at 8 p.m. on the third Wednesday of the month at the precinct, 2320 Hylan Blvd. Call 718-667-2292 for information.

The City Council district where this fatal crash occurred is represented by Vincent Ignizio, one of the council’s most outspoken street safety critics. To encourage Ignizio to take action to improve street safety in his district and citywide, contact him at 212-788-7390, vignizio@council.nyc.gov, or @VincentIgnizio.

5 Comments

Curb-Jumping Drivers in Three Crashes Injured 15 People This Morning

The driver of a Department of Correction bus knocked over bollards on Canal Street at the foot of the Manhattan Bridge today. Photo: @Shmuli

Curb-jumping motorists were involved in at least three crashes this morning, resulting in 15 injuries, including a pedestrian who was hit on a Queens sidewalk.

The driver of a Honda pickup truck crashed into the front yard of a house at 49-33 Utopia Parkway at around 5:40 this morning, critically injuring a pedestrian, according to FDNY and Gothamist. One victim was transported in cardiac arrest, an FDNY spokesperson told Streetsblog, and another person refused medical attention.

At 8:37 a.m., the driver of a Department of Correction bus toppled bollards and ended up in the middle of a traffic island on Canal Street, at the foot of the Manhattan Bridge. Fourteen people were transported with minor injuries, according to FDNY.

Minutes later, a driver hit a bike rack and a subway entrance at Bergen Street and Sixth Avenue, just outside the 78th Precinct station house. Miraculously, no one was seriously hurt. One person at the scene refused medical attention, FDNY said.

Read more…

11 Comments

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.”

Read more…

17 Comments

Maude Savage and Akkas Ali, Struck by Motorists in 2013, Die From Injuries

The driver of this van barely slowed down as he turned into an occupied crosswalk, striking a senior. Image via Daily News. Video after the jump.

Charged for driving without a license, the maximum penalty against the motorist who fatally struck senior Maude Savage remains 30 days in jail and a $500 fine. Image via Daily News

Maude Savage, the 72-year-old who was hit by a motorist in a Brooklyn crosswalk last November, died from her injuries. Though video showed Savage was crossing with the light, charges were not upgraded against the commercial driver who took a corner at speed, striking her a few feet from a grocery store she had just walked out of. After Savage’s death, the maximum penalty against the driver, who was charged the day of the crash with driving without a license, remains 30 days in jail and a $500 fine.

The crash occurred in the early afternoon of November 25 at Sutter and Euclid Avenues. In a security video, you could see Savage waiting for the pedestrian signal and looking both ways before stepping into the street. When she was midway across, the driver of a van covered in DirecTV logos entered the crosswalk, barely slowing as he made a left-hand turn. Savage tried to get out of his path, but the driver struck her with the front end of the van.

Robert Brown was charged by then-District Attorney Charles Hynes with third degree aggravated unlicensed operation, a misdemeanor that stipulates that he drove without a license when he knew or should have known he didn’t have one. He was also ticketed for failure to yield to a pedestrian in a crosswalk.

Reports in the aftermath of the crash said Savage was hospitalized with head injuries. Though several media outlets covered the crash itself — stories were pegged to the DirecTV angle, though Brown was not a DirecTV employee — we found no follow-up coverage. However, the NYPD November crash report recorded one crash at Euclid and Sutter that month, which resulted in one pedestrian fatality.

Several times in recent years, prosecutors have pursued third degree unlicensed operation, a low-level misdemeanor, as the top charge against unlicensed drivers who kill New York City pedestrians. In 2011, Yolanda Casal and Laurence Renard were fatally struck by unlicensed drivers in separate crashes in Manhattan. Casal and her daughter were hit by a recidivist reckless driver as he backed up to get a parking spot; Renard was hit by a dump truck driver on an Upper East Side corner. In each case, Manhattan DA Cy Vance accepted a guilty plea to third degree unlicensed operation, and each motorist was fined $500.

Brown is next scheduled to appear in court on March 5, according to online court records.

Read more…

7 Comments

Curb-Jumping Cab Driver Hospitalizes at Least One Pedestrian on East Side

Photo: Lauren Kirsch

A cab driver jumped a curb and hit at least one pedestrian on the East Side this morning, in an NYPD precinct that does not enforce speeding.

Lauren Kirsch of Murray Hill took this photo at Park Avenue and E. 32nd Street at around 8 a.m. FDNY got the call for a pedestrian struck at 7:18. A spokesperson said two people were transported to Bellevue Hospital, conditions unknown.

FDNY could not confirm whether the second person was inside or outside the taxi, which ended up against a building on the northeast corner of the intersection. NYPD had no information.

This injury crash occurred in the Midtown South Precinct, where as of September local officers had issued six speeding tickets all year.

7 Comments

Charles Hynes Brings Rare Felony Charge in Vehicular Killing of 9-Year-Old

Two motorists were charged for killing pedestrians in the Bronx and Brooklyn this weekend. The alleged driver in the Wakefield crash was charged with murder, and there’s a solid chance that if convicted he will face significant jail time. And though the outcome of the case is far from certain, District Attorney Charles Hynes brought a rare felony charge against the man who allegedly drove onto a sidewalk and struck a 9-year-old boy in Fort Greene.

Anthony Byrd was charged with a class D felony for the death of 9-year-old Lucian Merryweather. Potential sentences range from seven years in jail to probation. Photo: Daily News

Reports in the Times, the News and the Post say that on Saturday afternoon, Anthony Byrd, 59, hit two cars and a building after swerving to avoid two people in a crosswalk at DeKalb and Clermont Avenues. He then reportedly made a U-turn and drove the wrong way on DeKalb, struck a 28-year-old woman in a crosswalk, hit a parked vehicle, and drove onto the sidewalk a second time, striking Lucian Merryweather, his 5-year-old brother, and their mother, who were standing at the northeast corner of the intersection.

Lucian was pinned under the SUV and died at the scene. His brother was hospitalized in stable condition. The boys’ mother was not admitted to a hospital, reports said.

According to court records, Byrd was charged with assault, criminally negligent homicide, first and second degree reckless endangerment, criminal mischief, and a number of traffic infractions, including driving against traffic on a one-way street.

It is rare for NYC prosecutors to file felony charges against a sober driver who remains at the scene of a crash, but it does happen — at least in Brooklyn. In 2010, Hynes charged Michael Oxley with homicide for the killing of cyclist Jake McDonaugh on Flatbush Avenue. In 2007, Alfred Taylor was charged with homicide for the death of a cyclist in Bedford Stuyvesant.

More unusual is that Hynes brought an assault charge in this case. Assault is a class D felony, punishable by up to seven years, but which can also result in no jail time or probation. Relatively speaking, the more common top charge would be criminally negligent homicide — a class E felony, the least severe felony category, which carries a maximum penalty of four years in jail, and a minimum of no jail time or probation.

The rationale for bringing charges against a sober driver who remains at the scene is not usually defined, but there could be a link between serious charges and more brazen forms of recklessness. The Michael Oxley case hinged on the defendant running a red light. Saturday’s incident was a particularly chaotic and devastating crash, even by NYC standards, and allegedly involved wrong-way driving. Byrd is also a registered sex offender.

Read more…

1 Comment

Still No Charges From Queens DA Brown Against Driver Who Hit Five Kids

Nearly a month after a motorist mounted a curb and hit a group of kids near a school in Maspeth, no charges have been filed by Queens District Attorney Richard Brown. It appears Brown’s office is leaving it up to NYPD to decide whether prosecutors will pursue a case.

On the morning of September 12, Francis Aung Lu drove a Honda SUV onto the sidewalk at Grand Avenue and 71st Street, near Frank Sansivieri Intermediate School, hitting five children outside a corner deli. Bajram Kacic, 11, suffered a leg injury. Angie Peña, 13, was hospitalized in critical condition. Marina Abadir, 14, suffered head trauma, multiple spine fractures, and required surgery on both elbows. Ashley Khan, 13, who with Abadir was pinned under the vehicle, had fractures to her pelvis and legs, among other injuries.

Michael Gomez, 13, died on September 14. Reports published in the immediate aftermath of the crash indicated Gomez had a “swollen arm.” Media outlets cited anonymous sources who said Gomez died from an asthma attack. The medical examiner’s office did not respond to a Streetsblog query concerning Gomez’s death.

When we asked Brown’s office the day after the crash if  the DA would subpoena the driver’s cell phone records and vehicle EDR data, a spokesperson said no action would be taken unless NYPD determined “criminality.” At that time NYPD said the crash was in the hands of the Collision Investigation Squad.

“The police have made no referrals to the District Attorney’s Office,” said a Brown spokesperson, in an email last Friday. “You will have to contact the NYPD for a status of their investigation.”

Streetsblog has queried the NYPD public information office several times concerning this crash, but we have yet to learn if the CIS investigation is still active. Local Council Member Elizabeth Crowley has called for traffic-calming measures and lower speed limits in the area, but it is still unknown whether law enforcement will hold this driver accountable, or even if phone records or EDR data were collected.

Since September 13, at least seven pedestrians have been killed by drivers in Queens, according to crash data compiled by Streetsblog. The victims include a senior and a 3-year-old child — Allison Liao, run over by a motorist in Flushing last Sunday. No charges are known to have been filed in the three of the seven cases where the driver was sober and remained at the scene.