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Vance Nets Felony Indictment for Driver in Beekman Sidewalk Hit-and-Run

A woman accused of deliberately driving onto a sidewalk in the Financial District, injuring a pedestrian, and leaving the scene was indicted on felony charges today, according to the office of Manhattan District Attorney Cy Vance.

Cy Vance. Photo: Manhattan DA

Vance says Tiffany Murdaugh was behind the wheel of her Dodge Challenger on the morning of April 13, 2015, when she drove for close to half a block on a crowded Beekman Street sidewalk, nearly striking a mother and two young children before knocking another woman to the ground.

Murdaugh continued down the sidewalk “at the same high rate of speed” before turning onto Beekman Street and leaving the scene, according to the DA’s office. Murdaugh was allegedly involved in a second collision in Brooklyn shortly after the Manhattan crash.

The Manhattan victim, 37-year-old Heather Hensl, was hospitalized with a broken leg and a head laceration.

The Downtown Express reported that video showed the driver “backing up several times in order to be able to make the turn onto the sidewalk and head west past a traffic jam” before hitting Hensl. Police and prosecutors reviewed video evidence and interviewed witnesses to build the case against Murdaugh, according to Vance’s office.

Murdaugh, 34, was charged with two counts of assault, one count of reckless endangerment, and two counts of leaving the scene. The top count of the indictment was first degree assault, a class B felony, which carries penalties ranging from five to 25 years in prison. In total, Vance charged Murdaugh with four felony offenses and one traffic violation.

“Pedestrians have the right to feel completely safe and secure on our sidewalks and when crossing the street, which is why the conduct this driver is accused of is so egregious,” Vance said in a press release. “After allegedly striking and seriously injuring a female pedestrian, the defendant is accused of fleeing the scene. There is no place for this type of recklessness in New York City.”

Citing the evidence and seriousness of the charges against Murdaugh, prosecutors asked Judge Gregory Carro to set bail at $100,000. Carro declined. Murdaugh is free on $2,500 bail.

New York City district attorneys don’t normally charge hit-and-run drivers for the act of causing injury or death, but Vance shows signs of bucking that trend. In other cases now in progress, Vance charged the drivers accused in the deaths of Robert Perry and Charity Hicks with manslaughter.

Murdaugh’s next court appearance was scheduled for August.

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NYPD: No Charges for Driver Who Killed Woman on Brooklyn Sidewalk

This driver jumped the curb, hit a wall, two pedestrians, a livery cab and a tree, killing one person and injuring several others. NYPD filed no charges. Image: WABC

This driver jumped the curb, hit a wall, two pedestrians, a livery cab and a tree, killing one person and injuring several others. NYPD filed no charges. Image: WABC

NYPD filed no charges against a motorist who cut a swath of destruction through East New York, striking two people on a sidewalk and killing one of the victims.

The driver, in a Toyota Camry, was making a left turn at Pennsylvania Avenue and Cozine Avenue at around 10:30 a.m. on July 1 when she mounted the sidewalk, struck a wall, and hit two pedestrians, according to reports. The driver then hit a livery cab and a street tree before coming to a stop half a block away.

From WCBS:

A witness, named Amir, said a female pedestrian was dragged and pinned under the car.

He and other bystanders tried to help her.

“She wasn’t conscious so we weren’t sure if she was alive, we just saw her legs and knew it was bad,” Amir said. “If you see the jack underneath the car, we actually tried to jack the car up and noticed that we were dragging her as we jacked it up so we stopped.”

“The lady was horrified. She was traumatized and in shock,” another witness said.

Marcia Arthurs, 51, later died from severe trauma to her head and body. The second pedestrian, a 59-year-old man, was hospitalized with lacerations to his face. Four others were reported injured.

“The driver remained at the scene and wasn’t charged,” the Daily News reported.

Read more…

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Ethan Villavicencio, 7, Killed by Motorist Inside Bronx Restaurant [Updated]

Update: According to court records, Oduro was charged with one D felony count and two misdemeanor counts of leaving the scene of an accident with injury, plus one traffic infraction. Class D felonies carry penalties ranging from probation to seven years in prison. DA Robert Johnson filed no charges for the act of killing Ethan Villavicencio.

A motorist drove into a Bronx restaurant Thursday, killing 7-year-old Ethan Villavicencio and injuring the boy’s sister and father.

Ethan, his 5-year-old sister and their dad were eating ice cream in Kennedy Fried Chicken at 3275 Westchester Avenue in Pelham Bay at around 5:30 p.m. when a man backed an SUV through the storefront, according to reports.

Ethan Villavicencio

Ethan Villavicencio

From the Daily News:

A Mercedes-Benz SUV reversed into the restaurant, shattering glass, overturning tables and pinning the boy against a side wall, witnesses said.

“There was a crater where the boy hit the wall,” said bus driver Luis Cruz, 52.

Ethan lay on the floor, conscious but barely able to move, Cruz said. His sister and father stood over him.

“The father was a bloody mess. He was covered with blood and he was trying to tend to his son. The blood from his face was dripping down on the boy,” Cruz said. “It was heartbreaking.”

As witnesses pounded on the vehicle, screaming at the driver that there were children under the car, the man drove away, heading west on Westchester Avenue before he was stopped by witnesses and traffic enforcement agents, reports said.

“One gentleman opened the door to try to grab the driver out to keep him from getting away,” witness Luis Cruz told the Post. “He [the driver] just pushed the gas and the person just couldn’t hold on.”

Ethan was reportedly conscious at the scene but died at Jacobi Medical Center. His sister and father were hospitalized.

Kwasi Oduro, 73, of the Bronx, was charged with one count of leaving the scene of an accident resulting in death and two counts of leaving the scene of an injury crash, according to WPIX.

Police said Oduro was attempting to park when the crash occurred. Video of the crash shows the driver backing parallel to the curb before accelerating across the sidewalk into the storefront, pausing for a few seconds, then speeding away.

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Cy Vance Files Felony Charges for Beekman Street Sidewalk Hit-and-Run

Manhattan District Attorney Cy Vance has filed felony charges against a woman accused of driving onto a downtown sidewalk, striking a pedestrian, and leaving the scene.

Heather Hensl was walking on Beekman Street near William Street on April 13 when a motorist struck her, knocking her to the ground, lacerating her head and fracturing her leg. The driver did not stop.

Cy Vance. Photo: Manhattan DA

Video showed the driver “backing up several times in order to be able to make the turn onto the sidewalk and head west past a traffic jam” prior to the collision, according to Downtown Express. DNAinfo reported that the driver barely missed hitting other people, including children, who were able to get out of her path. The crash occurred near Spruce Street School, where, according to parents who have kids there, it’s not unusual for motorists to use the sidewalk to drive around traffic.

Police said the same car was involved in a second hit-and-run crash, involving a pedestrian in Brooklyn, shortly after Hensl was hit.

Earlier this month, Hensl said NYPD was prepared to close the case without filing charges because the woman identified as the vehicle’s owner lives in New Jersey. Police also said they were unable to find a witness who saw the driver through the vehicle’s tinted windows.

But on Wednesday the alleged driver, Tiffany Murdaugh, appeared in New York Criminal Court on multiple charges, according to Downtown Express and court records. Vance charged Murdaugh with assault, reckless endangerment, and leaving the scene of an accident, court records say. Assault and reckless endangerment are both class D felonies, with penalties ranging from probation to seven years in prison.

From Downtown Express:

According to the complaint, on Tuesday evening at the First Precinct, Murdaugh was shown video of the incident and identified the 2013 white Dodge Challenger in it as her vehicle. She also told police that “she had taken the Holland Tunnel into Manhattan that morning and that no one else had driven her vehicle that day,” according to the complaint.

“I’m very relieved,” said Hensl in a phone interview. “I’m glad that she is in jail right now and not on the street.”

Hensl said the assistant district attorney who called her felt confident in the case and she will testify before the grand jury.

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NYPD: No Charges for Collision That Killed Man on Hell’s Kitchen Sidewalk

Victor Grant was killed on the sidewalk after two drivers collided on 11th Avenue at 42nd Street. No charges were filed. Image: NY1

Victor Grant was killed on the sidewalk after two drivers collided on 11th Avenue at 42nd Street. No charges were filed. Image: NY1

NYPD filed no charges after a vehicle collision that resulted in the death of a man who was walking on a sidewalk in Hell’s Kitchen.

Last Friday at approximately 9:45 p.m., 56-year-old Victor Grant was walking on 11th Avenue just south of W. 42nd Street when the drivers of a GMC SUV and a FedEx Freightliner truck collided on the avenue, according to reports. The SUV driver then jumped the curb, pinning Grant beneath the truck, the Daily News reported.

The crash occurred outside a FedEx facility located on the southeast corner of the intersection. Photos published by the Daily News show the SUV on the sidewalk next to the building, with a toppled fire hydrant on the street. It is unknown if the FedEx driver was en route to or from the FedEx building.

Grant, who lived in the Bronx, was pronounced dead at Bellevue Hospital, according to News 12. No charges were filed against either driver by NYPD or Manhattan District Attorney Cy Vance.

The Post reported that both drivers passed a Breathalyzer test at the scene, but media accounts did not mention driver speed, which was likely a factor in the crash. A woman interviewed by NY1 said the intersection of 11th Avenue and 42nd Street, in the theater district, is “very dangerous, especially at night.”

As of April, officers from the 10th Precinct, where the crash occurred, had issued just 31 speeding tickets in 2015. The precinct didn’t cite a single driver for speeding last month.

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Will NYPD Charge Driver Who Rammed Woman on Sidewalk and Left Scene?

Beekman Street, with Spruce Street School and New York Presbyterian Lower Manhattan Hospital at right, where a driver hit Heather Hensl on the sidewalk and left the scene. Parents say motorists routinely drive on the sidewalk in front of the school to get around traffic. Image: Google Maps

Beekman Street, with Spruce Street School and New York Presbyterian Lower Manhattan Hospital at right, where a driver hit Heather Hensl on the sidewalk and left the scene. Parents say motorists routinely drive on the sidewalk in front of the school to get around traffic. Image: Google Maps

A motorist who deliberately drove down a Manhattan sidewalk, rammed a pedestrian, left the scene and reportedly hit a second person in Brooklyn might not be charged with a crime, according to one of the victims.

Heather Hensl was walking on Beekman Street near William Street on April 13 when a motorist struck her, knocking her to the ground, lacerating her head and fracturing her leg. The driver did not stop. In an email to Downtown Express, Hensl, a 37-year-old physician assistant, said she is on crutches and may require knee surgery, in addition to physical therapy.

The crash occurred near Spruce Street School. Parents of kids who attend the school say it’s not unusual for motorists to use the sidewalk to drive around traffic.

From Downtown Express:

Video viewed by Downtown Express shows the driver backing up several times in order to be able to make the turn onto the sidewalk and head west past a traffic jam.

Captain Mark Iocco, the First Precinct’s commanding officer, said the same car was involved in an accident in Brooklyn about 30 minutes after that incident. The car was pulling into a parking spot and hit an elderly lady, he said at last week’s meeting of the First Precinct Community Council. The elderly woman couldn’t identify her, and could only confirm that the driver was a female, he said.

The suspect has filed an insurance claim. The police are working with the insurance company and they are “investigating her up and down,” said Iocco.

The driver barely missed striking other people on Beekman, including children, who were able to get out of her path, DNAinfo reported. “[The driver] drove on the sidewalk as if it was a lane,” one witness said. “So fast that I turned my head and I didn’t see the car.”

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Parents of Lucian Merryweather: Our Son’s Killer Should Never Drive Again

Vigil for Lucian Merryweather, November 5, 2013. Photo: Fort Greene Focus/Ben Brody/Flickr

Vigil for Lucian Merryweather, November 5, 2013. Photo: Fort Greene Focus/Ben Brody/Flickr

This week, Anthony Byrd was formally sentenced for fatally striking 9-year-old Lucian Merryweather on a Brooklyn sidewalk.

On November 2, 2013, Byrd drove a Ford SUV into two cars and a building after swerving to avoid two people in a crosswalk at DeKalb and Clermont Avenues. He then 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 younger brother.

Byrd was charged by former DA Charles Hynes with second degree assault — a class D felony — criminally negligent homicide, and other charges and 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.

In March, District Attorney Ken Thompson and Byrd agreed to a plea arrangement of five years probation, 20 days of community service, and a five-year license revocation.

Lucian’s parents, Anna Kovel and Greg Merryweather, sent us a statement on Byrd’s plea deal, printed below in its entirety.

We, the parents of Lucian Merryweather, who was killed by a reckless driver on November 2, 2013, in Fort Greene, Brooklyn, worked closely with the Brooklyn District Attorney’s office to construct a plea bargain deal for the driver, Anthony Byrd, so that we could be certain that the killer of our bright and beautiful 9-year-old boy pleaded guilty to the highest charge he received: Criminally Negligent Homicide.

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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.

Read more…

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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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