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No Charges for Cab Driver Who Killed Two People on Bronx Sidewalk

Image: News 12

NYPD and the TLC are withholding the name of the cab driver who hit four people on a Bronx sidewalk, killing two. No charges were filed. Image: News 12

No charges have been filed against a cab driver who drove onto a sidewalk in the Bronx and killed a man and a young girl.

The crash happened at around 6:30 p.m. Friday. Reports say the 44-year-old driver, whose name is being withheld by NYPD and the Taxi and Limousine Commission, hit a parked car on a Grand Concourse service road, then crashed onto the sidewalk near a bus stop at E. 170th Street, about a block away, and ran over four people.

Kadeem Brown, 25, died at the scene. Five-year-old Tierre Clark died later at a hospital. A 55-year-old man and a 39-year-old woman, who according to some reports was Tierre’s mother, were hospitalized.

“The car came up driving on the sidewalk,” witness Ronald Luis told the Daily News. “After it hit the people, it hit the corner of the building and spun around. The whole front was smashed in.”

“On this side they were pressing on her chest — the little girl,” witness Raymond Fermin told WCBS. “I’m guessing also she couldn’t breathe. I wasn’t sure. The guy that was laying here on the floor — they weren’t giving him any treatment. I guess he was already gone.”

Photos and video footage from the scene show the heavily-damaged cab at rest against a building. WABC noted that there are cameras attached to a neighboring building.

No arrests were made and an investigation is ongoing, according to NYPD and the office of Bronx District Attorney Robert Johnson. News 12 reported that police believed the driver was speeding. The Daily News said NYPD was looking into whether the driver “was having a medical episode.”

Read more…

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Driver Who Killed 9-Year-Old on Sidewalk Can Regain License in 5 Years

New York Court of Appeals Judges Jenny Rivera, Sheila Abdus-Salaam, Robert S. Smith, Susan P. Reid, and Chief Judge Jonathan Lippman are making it easier for reckless drivers to get away with killing people

New York Court of Appeals Judges Jenny Rivera, Sheila Abdus-Salaam, Eugene Pigott, Susan P. Read, and Chief Judge Jonathan Lippman.

The driver who ran over two children on a Brooklyn sidewalk, killing 9-year-old Lucian Merryweather and injuring his 4-year-old brother, will serve no jail time and be eligible to legally drive again in five years, pursuant to a plea arrangement with Brooklyn District Attorney Ken Thompson.

Thompson’s lead vehicular crimes prosecutor cited case law precedent from the New York Court of Appeals, the state’s highest court, as one reason the DA’s office did not seek a more severe penalty.

On the afternoon of November 2, 2013, Anthony Byrd hit two cars and a building after swerving to avoid two people in a crosswalk at DeKalb and Clermont Avenues. He next made a U-turn and drove against traffic on DeKalb, struck a woman in a crosswalk, hit a parked vehicle, and drove onto the sidewalk a second time, striking Lucian and his brother. Lucian died at the scene.

Byrd was charged by former DA Charles Hynes with second degree assault, criminally negligent homicide, first and second degree reckless endangerment, criminal mischief, and several traffic infractions. However, Byrd was indicted on a top charge of homicide — a class E felony, the least severe felony category — and the class D second degree assault charge was reduced to misdemeanor assault, according to court records.

The Daily News reports that prosecutors and Byrd agreed to a plea of five years probation, 20 days of community service, and a five-year license revocation. The News reported that Lucian’s family did not object to the agreement.

Though Byrd pinballed through neighborhood streets, killing one bystander and injuring two others, Brooklyn vehicular crimes chief Craig Esswein said he didn’t have a strong case.

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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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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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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.

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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.

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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:

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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.

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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.

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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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