Skip to content

Posts from the Curb Jumping Category

5 Comments

Gwendolyn Brooks, Killed by School Bus Driver on Atlantic Avenue Sidewalk

Atlantic Avenue location where a school bus driver fatally struck Gwendolyn Brooks on the sidewalk last Friday. Image: Google Maps

Atlantic Avenue location where a school bus driver fatally struck Gwendolyn Brooks on the sidewalk last Friday. Brooks was at least the fifth pedestrian or cyclist killed on Atlantic since last August. Image: Google Maps

Another pedestrian was killed on Atlantic Avenue when a motorist struck a woman on the sidewalk.

Gwendolyn Brooks, 50, was walking on Atlantic near Schenectady Avenue last Friday at around 6:30 p.m. when a school bus driver mounted the curb, according to NYPD and published accounts.

Motorists have killed at least four people on Brooklyn sidewalks in the last seven months. DA Ken Thompson charged none of those drivers for taking a life.

Motorists have killed at least four people on Brooklyn sidewalks in the last seven months. DA Ken Thompson charged none of those drivers for taking a life.

From Gothamist:

The bus struck two light poles, a gas station, and smashed into several parked cars, in addition to striking the victim.

Multiple news outlets reported that, according to unidentified police sources, a second motorist cut off the school bus driver, “causing” him or her to leave the roadway. Many reports used similar or identical language to describe the crash. None of those outlets — the Post, WCBS, WPIX, the Daily News, or WABC — apparently questioned their NYPD sources as to why steering onto the sidewalk was justifiable, how fast the bus driver was traveling at the time of the crash, or if the driver was distracted. Instead, the bus driver has been absolved in nearly all the press accounts because of a second motorist who hasn’t been located or publicly identified.

The NYPD public information office had no other details about the incident. The bus driver’s name was not released by police, and no charges had been filed as of Monday afternoon.

Brooks was at least the fifth pedestrian or cyclist killed by a driver on Atlantic Avenue since last August, and the fourth Brooklyn pedestrian fatally struck on a sidewalk since last July, according to crash data compiled by Streetsblog. District Attorney Ken Thompson charged none of the drivers in any of those crashes for taking a life.

Read more…

16 Comments

Sidewalk Killer Free to Drive Thanks to Judge and Brooklyn DA Ken Thompson

The man who killed Victoria Nicodemus on a Brooklyn sidewalk kept his driver’s license because, according to the judge, DA Ken Thompson did not charge him with reckless driving.

The man who killed Victoria Nicodemus on a Brooklyn sidewalk kept his driver’s license because, according to the judge, DA Ken Thompson did not charge him with reckless driving.

A judge refused to take the license of the motorist who killed Victoria Nicodemus on a Brooklyn sidewalk because, she said, District Attorney Ken Thompson filed no charges for reckless driving.

Marlon Sewell was allegedly driving without a valid license when he hit Nicodemus and two other people on Fulton Street on December 6, injuring Nicodemus’s boyfriend and the third victim. Thompson filed a top charge of unlicensed aggravated operation, a low-level misdemeanor and the same charge that police and prosecutors apply when an unlicensed driver commits a traffic infraction.

The DA did not charge Sewell, who reportedly has a history of driving without regard for others’ safety, for the act of killing Nicodemus and injuring the other victims — declining even to file charges under the Right of Way Law.

In December Judge Marguerite Dougherty denied a request from Thompson’s office to hold Sewell on bail based on the charges against him. “Without additional charges I see no reason to set bail,” Dougherty said last month. On Monday Dougherty told prosecutors “they had not presented an argument that would revoke … Sewell’s driver’s license,” according to DNAinfo.

“There are no allegations of the defendant recklessly driving,” said Dougherty.

She added that Sewell’s license had only been suspended at the time due to lack of child support and has since been restored.

Prosecutors told Dougherty that video evidence indicates Sewell had no “innocent reason to drive over the curb,” but DNAinfo reported that no additional charges have been filed because Sewell claimed he was “lightheaded” due to a carbon monoxide leak in his car.

Dougherty, who was appointed by Mayor Bill de Blasio in 2015, said that since Sewell’s SUV was impounded there was no reason to prevent him from being able to drive legally. “It negates the necessity,” she said.

Read more…

33 Comments

Eyes on the Street: Just Another Brush With Death at a Typical NYC Crossing


The design of 29th Street and 39th Avenue in Long Island City is typical of thousands of New York City crossings: an intersection of relatively narrow streets where drivers are allowed to park to the edge of crosswalks with no design elements to force motorists to slow down.

The combination of poor visibility and lack of traffic-calming features leads to crashes like the one in the video, taken Thursday, when an Access-A-Ride driver sped into a crosswalk while turning left and struck a child with a van’s door-mounted mirror. Luckily it appears the child wasn’t seriously hurt.

Jean Cawley, who sent us the video, has written to DOT officials, including Queens DOT Commissioner Nicole Garcia, several times to ask for traffic-calming measures at this intersection and other locations in the area. Cawley also submitted a petition to DOT from residents of Dutch Kills.

Consistent NYPD enforcement wouldn’t hurt either. The 114th Precinct, where the crash in the video occurred, issues an average of just 23 tickets a month to drivers who fail to yield to pedestrians.

Below are images from a two-vehicle collision at the same intersection that sent a cab onto the sidewalk.

“Cars barrel through our streets in a dangerous manner all day, every day,” wrote Cawley in an email to Garcia, with the video and photos attached. “I hope you will help. DOT’s actions may save a life.”

Read more…

16 Comments

NYC Drivers Killed at Least 16 People on Sidewalks and in Buildings in 2015

A woman who was struck by an unattended taxi in December died from her injuries this week. The driver was not charged by NYPD or Manhattan District Attorney Cy Vance.

Suhuyn Park, 22, and her 21-year-old boyfriend were walking at W. 51st Street and Eighth Avenue at around 8:30 p.m. on December 30 when a yellow cab, a Toyota minivan, rolled onto the sidewalk and struck them both, according to DNAinfo. The cab came to a stop after it hit another taxi.

From the Post:

The 67-year-old cabdriver had gotten out of the car to help his passenger to the sidewalk when the vehicle suddenly started rolling, cops said.

Park, who lived in South Korea, died Monday at New York-Presbyterian Hospital. Her boyfriend was treated for injuries and released.

No charges were filed. NYPD told the Daily News police “do not believe criminal activity played a role in the tragic accident.”

In 2009 a van left idling by a commercial driver killed toddlers Hayley Ng and Diego Martinez on a sidewalk in Chinatown. That driver was not charged by NYPD or former Manhattan district attorney Robert Morgenthau. A state law named after Hayley and Diego created the offense of careless driving, but as is the case with the city’s Right of Way Law, adopted in 2014, NYPD barely uses it.

Park was the 16th person known to have been killed by a New York City motorist on a sidewalk or inside a building in 2015. There were five such fatalities in 2014, according to crash data tracked by Streetsblog. Two of the 13 drivers involved in last year’s crashes were charged for taking a life.

At least one other person died as a result of motorist negligence over the holiday break. On Christmas Eve the driver of a commercial van struck and killed a 77-year-old woman at E. 21st Street and Gravesend Neck Road in Sheepshead Bay, according to the Daily News. Police charged Zafrom Ghafoor with careless driving and failure to yield.

19 Comments

Victoria Nicodemus, 14th Person Killed by Curb-Jumping NYC Driver in 2015

The blue dot is the approximate location of the crash that killed Victoria Nicodemus. The red dot is where a curb-jumping driver killed 9-year-old Lucian Merryweather in 2013. Both crashes happened in the 88th Precinct, where cops issue an average of about 10 speeding tickets a month. Victoria Nicodemus photo via Daily News. Map image: DOT Vision Zero View

The blue dot is the approximate location where a driver fatally struck Victoria Nicodemus on a sidewalk in Fort Greene. The red dot is where a curb-jumping driver killed 9-year-old Lucian Merryweather in 2013. Both crashes happened in the 88th Precinct, where cops issue an average of about 10 speeding tickets a month. Map: DOT Vision Zero View

An alleged unlicensed driver who witnesses say was traveling at a high rate of speed struck and killed a woman on a sidewalk in Fort Greene yesterday.

Marlon Sewell, 39, drove a Chevrolet SUV over the curb at 694 Fulton Street, near South Portland Avenue, at around 5:30 p.m. Sunday, striking 30-year-old Victoria Nicodemus, her 37-year-old boyfriend, and a 75-year-old man, according to reports.

Police told WPIX Sewell was “zooming” down the street. Witnesses said Sewell drove onto the sidewalk because he was driving too fast to stop for a B25 bus in front of him.

From the Daily News:

“The bus stop was right there. He didn’t realize it was stopping,” said witness Anthony Singh, 22, who works on the corner. “The driver went up on the curb trying to avoid it. He was going pretty fast.”

“She lost a lot of blood,” he said. “Her body was really pale. They were pumping her chest while they took her away on the gurney.”

“This place was a madhouse,” said Byron Logan, 72, who was buying lottery tickets when the accident happened. “I’ve never seen so many people screaming.”

Nicodemus, an art curator who lived in Brooklyn Heights, died at Brooklyn Hospital Center. Her boyfriend and the third victim were hospitalized.

NYPD charged Sewell with aggravated unlicensed operation and driving without insurance. Aggravated unlicensed operation, a low-level misdemeanor, is the same charge police and prosecutors apply when an unlicensed driver commits a traffic infraction. It carries a maximum penalty of a $500 fine and 30 days in jail, though plea deals usually result in a fine and no jail time, even when a driver kills someone. Sewell was not charged by police or District Attorney Ken Thompson for killing Nicodemus and injuring the other victims.

Read more…

35 Comments

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…

2 Comments

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.

13 Comments

NYPD: “No Criminality” When Drivers Collide, Kill Woman on Bronx Sidewalk

NYPD says no laws were broken when two motorists collided and one drove onto the sidewalk, killing Sheniqua Silva and injuring two other people as they waited for a bus. Image: WPIX

NYPD says no laws were broken when two motorists collided and one drove onto the sidewalk, killing Sheniqua Silva and injuring two other people as they waited for a bus. Image: WPIX

For the second time in less than a week, colliding motorists killed a person standing on a New York City sidewalk and NYPD filed no charges.

On Monday afternoon the driver of a Coca-Cola truck struck a passenger car before hitting a group of people who were waiting for a bus in Port Morris, killing 37-year-old Sheniqua Silva and injuring two other pedestrians. NYPD made no arrests after the crash and had no updates on the investigation today. Police “don’t believe there is any criminality on the part of the truck driver,” according to WNBC.

Sheniqua Silva. Image via WNBC

Sheniqua Silva. Image via WNBC

The crash occurred near the Bruckner Expressway at around 3:20 p.m. From the Times:

The fatal chain of events started on Bruckner Boulevard, the service road below the expressway, the police said. According to a preliminary investigation, a 52-year-old woman driving a 2013 Nissan S.U.V. crossed two lanes and cut in front of the truck to make a right turn on East 138th Street. Officials said the truck then struck the car before losing control.

Officials said the truck was driven by a 35-year-old man, but they did not release his name. A police spokesman said it appeared that no crime had been committed, but added that the investigation was continuing.

The truck came to a stop after hitting a building. Silva, who had just finished a shift at a nearby bakery, died at the scene. Reports said she had five children, all teenage boys. “She was always worried about our sons,” her husband, Orlando Silva, told the Daily News. “She worked hard and cared about them only.”

Read more…

112 Comments

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.

78 Comments

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…