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Posts from the Curb Jumping Category

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Driver Who Killed 3 People on Bronx Sidewalk Charged With Manslaughter

Nyanna Aquil, left, her grandfather Louis Perez, and Kristian Leka were killed in the Bronx by a curb-jumping driver last Halloween. Bronx DA Darcel Clark charged Howard Unger with multiple counts of manslaughter, assault, and homicide for the crash.

Nyanna Aquil, left, her grandfather Louis Perez, and Kristian Leka were killed in the Bronx by a curb-jumping driver last Halloween. Bronx DA Darcel Clark charged Howard Unger with multiple counts of manslaughter, assault, and homicide for the crash.

District Attorney Darcel Clark filed manslaughter and homicide charges against a motorist who fatally struck three people, including a child, on a Bronx sidewalk last year.

Howard Unger was indicted this week on three counts of manslaughter, three counts of assault, three counts of homicide, one count of misdemeanor reckless endangerment, and one misdemeanor count of falsifying records, according to court records.

Unger, 53, of the Bronx, hit several vehicles before driving a Dodge sedan over the curb on Morris Park Avenue near Bogart Avenue on the afternoon of October 31, 2015.

Unger crashed into a group of people who were out trick-or-treating, killing 10-year-old Nyanna Aquil; her grandfather, 65-year-old Louis Perez; and Kristian Leka, 24, who pushed others out of Unger’s path.

Aquil’s younger sisters, ages 3 and 8, were injured, as were Leka’s 9-year-old sister and his fiancé, according to the Times and DNAinfo.

Prosecutors say Unger is epileptic and “had not been taking medication as prescribed before the crash,” DNAinfo reported.

Image: WCBS

Image: WCBS

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NYPD: No Charges for Driver Who Left Van in Gear, Killing Senior in Astoria

Image: NY1

Image: NY1

Update: The Daily News identified the deceased victim as Arline Smeal.

A motorist killed one senior and severely injured another when the unattended van he was driving, left idling and in gear, backed across an Astoria intersection and onto the sidewalk. NYPD filed no charges.

The crash occurred at around 2 p.m. at Broadway and 32nd Street. After the driver, a 29-year-old man, exited the Ford van, “the vehicle began to roll backwards on 32nd Street and struck two pedestrians before colliding with a food cart,” according to NYPD.

The van hit an 80-year-old woman and a 71-year-old man — who according to WNBC and the Daily News operated the food cart — before crashing into the wall of a building.

Both victims were taken to the hospital in critical condition. The woman died from her injuries. Police have not released her name, pending family notification.

“The back left wheel and the front right wheel rolled over this old lady’s neck and then hit an older gentleman, knocked the souvlaki stand, and it was just devastating,” one witness told WCBS.

The van “pushed the food cart about 25 feet and clipped the owner in the back of the head and then rolled over his legs,” the News reported.

WPIX posted video of the van rolling through the intersection.

The circumstances of yesterday’s crash are very similar to the crash the led to the adoption of the state’s vulnerable user law. In 2009, a van left unattended by a commercial driver backed onto a sidewalk in Chinatown, killing toddlers Diego Martinez and Hayley Ng. The crash prompted state legislators to establish the offense of careless driving for cases where a driver injures or kills a pedestrian or cyclist while failing to use due care. NYPD has a poor record of enforcing the law.

As of this afternoon NYPD has filed no charges and issued no tickets for yesterday’s crash. The department’s public information office told Streetsblog the investigation is ongoing.

With reporting by David Meyer

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Curb Jumper’s License Revoked Six Months for Killing Mallory Weisbrod

Dimas Debrito, the curb-jumping driver who killed 24-year-old Mallory Weisbrod and injured two others last August, pled guilty on Thursday to two misdemeanors for reckless endangerment and failure to exercise due care leading to serious physical injury. He will also agree to a six-month license suspension. In another case, a driver will receive six months jail time after pleading to a fatal February hit-and-run in Richmond Hill, Queens.

Manhattan District Attorney Cyrus Vance

Debrito, 64, was driving southbound on Second Avenue at more than twice the 25 mph speed limit when he veered his silver Mercedes through the intersection with 49th Street and over the southwest curb at 4:24 p.m. on August 10, 2015. He struck Weisbrod, pinning her body against a light pole, according to court documents provided by the office of Manhattan District Attorney Cyrus Vance. Weisbrod succumbed to her injuries five days later.

After an investigation by NYPD’s Collision Investigation Squad, including video evidence, Vance brought charges against Debrito in October, according to court documents. In addition to the two charges included in the plea bargain, Vance had also been charging Debrito with a third misdemeanor, for reckless driving. A Vance spokesperson declined to comment when asked why this third charge was not included in the final plea deal.

At his sentencing on September 23, Debrito will also receive 30 days of community service, mandatory enrollment in an “aggressive driving program,” and a $1,000 fine, according to Vance’s office.

Weisbrod was one of fourteen pedestrians killed by curb-jumping drivers in 2015, according to data compiled by Streetsblog. Since her death, NYC DOT has moved forward a plan to extend the Second Avenue protected bike lane,  including the intersection where Weisbrod was killed. Protected bike lanes lead to a 22 percent reduction in pedestrian injuries in the three years after they are installed, according to DOT.

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Cy Vance Wins Murder Conviction for East Village Sidewalk Killing [Updated]

Shaun Martin killed Mohammed Akkas Ali and injured three other people when he sped onto an East Village sidewalk in 2013. Image: WNBC

Shaun Martin killed Mohammed Akkas Ali and injured three other people when he sped onto an East Village sidewalk in 2013. Image: WNBC

Update November 4, 2016: Martin was sentenced to 20 years to life in state prison, according to Vance’s office.

A driver who killed a man and injured two others on a Manhattan sidewalk was convicted of murder, District Attorney Cy Vance announced today.

Mohammed Akkas Ali. Photo via Daily News

Mohammed Akkas Ali. Photo via Daily News

Shaun Martin, who reportedly had a history of drunk driving, was high on PCP and methamphetamine when he tore through the East Village in a Nissan sedan at speeds exceeding 50 miles per hour on the morning of June 19, 2013, according to a Vance press release.

Martin drove onto the sidewalk at Second Avenue and Fourth Street, hitting a fire hydrant, a pay phone, a muni-meter, and a tree before striking Mohammed Akkas Ali and two other people who were working outside a corner grocery store.

Ali, 62, died from injuries sustained in the crash. His two coworkers were “seriously injured,” according to Vance. A fourth victim, a man on a bike, was injured by crash debris.

Vance charged Martin with second-degree murder and a number of other felonies, including two counts of aggravated vehicular homicide, two counts of assault, four counts of aggravated vehicular assault, one count of reckless endangerment, and two counts of driving while ability impaired. Judge Melissa Jackson convicted Martin of all charges this week, following a bench trial, Vance’s office said.

Said Vance in a statement:

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Brooklyn DA Charges Driver With Manslaughter for Killing Victoria Nicodemus

The allegedly unlicensed driver who killed Victoria Nicodemus on the sidewalk faces a maximum penalty of 30 days in jail and a $500 fine. Her family says Brooklyn DA Ken Thompson is OK with that.

After getting pressure from the victim’s family, DA Ken Thompson, right, filed felony charges against the driver who veered onto a Fort Greene sidewalk and killed Victoria Nicodemus, left, in December.

A grand jury has indicted Marlon Sewell for second-degree manslaughter six months after he jumped a curb in Fort Greene and killed 30-year-old Victoria Nicodemus while driving with a suspended license, Gothamist reports. Brooklyn DA Ken Thompson had refrained from pressing felony charges until Nicodemus’s family pressured his office to take action.

On December 6, Sewell, driving a Chevy SUV on eastbound Fulton Street, veered onto a crowded sidewalk instead of slowing down for a bus pulling into a stop near S. Portland Avenue, according to witnesses. He struck Nicodemus, her boyfriend, and another person.

“The bus stop was right there. He didn’t realize it was stopping,” a witness told the Daily News. “The driver went up on the curb trying to avoid it. He was going pretty fast.”

At first Thompson charged Sewell only with aggravated unlicensed operation of a motor vehicle, an unclassified misdemeanor, and operating a motor vehicle uninsured, a traffic infraction. The maximum penalty for the misdemeanor is 30 days in jail and a $500 fine.

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DA Ken Thompson Still Hasn’t Charged Driver for December Sidewalk Killing

The allegedly unlicensed driver who killed Victoria Nicodemus on the sidewalk faces a maximum penalty of 30 days in jail and a $500 fine. Her family says Brooklyn DA Ken Thompson seems OK with that.

The allegedly unlicensed driver who killed Victoria Nicodemus on the sidewalk faces a maximum penalty of 30 days in jail and a $500 fine. Her family says Brooklyn DA Ken Thompson seems OK with that.

Brooklyn District Attorney Ken Thompson charged the driver who killed Victoria Nicodemus on a Fort Greene sidewalk with unlicensed driving, but did not file charges for taking the victim’s life. Six months after the crash, Nicodemus’s family says the DA is dragging his feet on the case.

Marlon Sewell hit Nicodemus, her boyfriend, and another person with a Chevrolet SUV on the afternoon of December 6, 2015, as the victims walked in front of 694 Fulton Street, near South Portland Avenue. Police told WPIX Sewell was “zooming” down the street. An NYPD statement said Sewell swerved onto the sidewalk to avoid hitting a second vehicle, which witnesses said was a bus.

“The bus stop was right there. He didn’t realize it was stopping,” a witness told the Daily News. “The driver went up on the curb trying to avoid it. He was going pretty fast.”

Victoria Nicodemus was 30 years old.

The current charges against Sewell are aggravated unlicensed operation of a motor vehicle, an unclassified misdemeanor, and operating a motor vehicle while unlicensed, a traffic infraction. For crashing on a sidewalk reportedly at a high rate of speed, killing one person and injuring two others, allegedly while driving without a valid license, Sewell faces a maximum penalty of 30 days in jail and a $500 fine. That’s the same penalty an unlicensed driver would face for making a turn without signaling.

“It seems to my family that they’re really beginning to be OK with just standing pat on the misdemeanor charges, and for us that’s unacceptable,” says Hank Miller, Nicodemus’s brother.

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Driver Who Injured Woman on Manhattan Sidewalk Pleads to Two Felonies

Update: Tiffany Murdaugh was sentenced to two to six years in prison.

A woman who hit a pedestrian on a Lower Manhattan sidewalk and left the scene pled guilty to two felony charges this week.

Cy Vance. Photo: Manhattan DA

On April 13, 2015, Tiffany Murdaugh drove her Dodge Challenger over the curb on Beekman Street near William Street, striking Heather Hensl and nearly hitting a second woman and two children as she sped down the sidewalk.

The crash happened outside Spruce Street School. Parents who have kids at the school told DNAinfo motorists often use the sidewalk to drive around traffic.

“I just saw this woman somersaulting in the air and then she landed on the sidewalk,” a witness told DNAinfo. “[Murdaugh] drove on the sidewalk as if it was a lane. So fast that I turned my head and I didn’t see the car.”

Hensl, then 37, sustained a broken knee and a head laceration.

Murdaugh did not stop. Though police had video evidence, NYPD hesitated to file charges, in part because Murdaugh lived out of state.

A few weeks after the crash, Manhattan District Attorney Cy Vance charged Murdaugh with two counts of assault, reckless endangerment, and leaving the scene. On Wednesday Murdaugh pled guilty to assault and reckless endangerment charges, both class D felonies, according to Vance’s office.

“This defendant careened onto a sidewalk near an elementary school at 8 o’clock in the morning on a school day,” Vance said in a statement. “It is a miracle that no one else was hurt by her recklessness. This driver not only narrowly missed a mother and her two young children, she seriously wounded a woman who had to endure months of physical therapy to rehabilitate her leg. I hope this conviction serves to deter reckless and illegal driving that endangers our City’s residents.”

It is rare for a motorist to be convicted of felony charges for injuring a New York City pedestrian, even in cases where the driver leaves the scene. The Vance press release said investigators relied on video and witness accounts to help make the case.

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

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Video: Rampaging Sidewalk Driver Injures Child in Williamsburg

A hit-and-run motorist sped down sidewalks in Williamsburg Thursday, injuring a child as pedestrians scrambled to get out of harm’s way.

Yeshiva World reports that the driver and at least one other man were suspected of trying to pass counterfeit money at stores in the vicinity of Bedford Avenue and Lee Avenue, in the 90th Precinct. After shopkeepers tipped off Williamsburg Shomrim, the men tried to flee by driving on the sidewalk.

Video shows the motorist driving a Toyota sedan at a high rate of speed as people dodge out of the way. At one point the driver backs off the curb as witnesses try to get him to stop.

WCBS reported that a 9-year-old boy was hospitalized with injuries to his leg.

The driver crashed the car after the sidewalk rampage, hitting another vehicle at Harrison Avenue and Hopper Street before he was caught during a foot pursuit. The other suspects got away.

The NYPD public information office told us no arrests have been made and said police are still investigating.

h/t Gothamist

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Driver Pleads to Manslaughter for Killing 12-Year-Old on Brooklyn Sidewalk

Update: Robert DeCarlo was sentenced to five to 15 years in prison.

A man who drove a stolen minivan into a woman and her two children on a Brooklyn sidewalk, killing a 12-year-old girl and leaving the other victims with life-altering injuries, has pled guilty to manslaughter.

Joie Sellers

Joie Sellers

Robert DeCarlo hit Joie Sellers, her 9-year-old sister Charlie, and their mother Marcia Landais, 38, as the victims walked on Flatlands Avenue near E. 46th Street on July 2, 2014.

The Daily News reported that DeCarlo knocked down a fence and hit a fire hydrant before coming to a stop. “He was going 120 miles an hour,” one witness told the News. “He lost control. It was crazy.”

“One of the babies was under the car,” the witness said. “We pushed the car up. I take the baby out.”

Joie died at Kings County Hospital. The Post reported that Charlie was rendered blind and paralyzed by the crash, and that Landais sustained a fractured pelvis.

DeCarlo, who reportedly had a criminal background, ran from the scene on foot, and later turned himself in to police. District Attorney Ken Thompson filed over a dozen charges against him, including manslaughter, assault, leaving the scene, driving without a license, reckless endangerment, reckless driving, and speeding.

Last Friday, DeCarlo pled guilty to manslaughter, a class C felony, and four counts of assault, a class D felony, according to court records. He is scheduled to be sentenced later this month.

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No Charges for Cabbie Who Severely Injured Woman on Sidewalk Near NYU

A yellow cab driver severely injured a woman on a sidewalk in Greenwich Village this morning.

The victim was struck at around 10:50 a.m. on University Place near East Eighth Street. Gothamist says she was “pinned between the taxi and a stucco wall.”

A reporter for Washington Square News, an independent NYU outlet, said the victim was unconscious at the scene. “The woman was facing away from the cab, and when it hit her, she went up in the air and the cab basically pinned her against the wall,” a witness said.

The victim was taken to Bellevue Hospital in critical condition, Gothamist reported. No charges were filed against the driver.

Sidewalk collisions resulted in at least 14 fatalities in the last 12 months alone, according to crash data compiled by Streetsblog. If the city keeps a data set on the number of people hurt and killed by motorists on sidewalks, in buildings, and other places drivers are not supposed to be, we haven’t seen it.

University Place has excess width and not much car traffic. A narrower roadbed and traffic-calming measures might have prevented this crash.

This morning’s crash is reminiscent of the one that cost tourist Sian Green part of her leg in 2013. Since then, the city adopted Cooper’s Law to yank licenses from cab drivers who hurt pedestrians while violating victims’ right of way. But the Taxi and Limousine doesn’t use the law to take reckless cabbies off the road, in part because police and district attorneys so rarely file charges.