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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

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.

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Driver Who Killed Charity Hicks Pleads to Homicide and Leaving the Scene

The hit-and-run driver who struck and killed a Detroit woman as she waited for a bus in Hell’s Kitchen pled guilty to homicide and felony leaving the scene. He will serve a minimum of two and a maximum of six years in prison, pursuant to a judge’s plea offer.

Charity Hicks. Photo via Gothamist

Charity Hicks. Photo via Gothamist

Thomas Shanley drove a Dodge SUV onto the curb on 10th Avenue near W. 34th Street on May 31, 2014, hitting a pole that fell on Charity Hicks, according to court documents. Shanley fled the scene on foot and was arrested in New Jersey three months later.

Shanley is the son of a deceased NYPD officer. He was on parole at the time of the crash, according to the Daily News.

A Detroit human rights activist who was in the city for a conference, Hicks suffered severe head trauma and serious injuries to her chest. She died after weeks in the hospital. The crash also injured a second pedestrian.

The criminal court complaint said video showed Shanley “swerve across two lanes of traffic and onto the sidewalk.” Shanley’s cell phone, recovered at the scene, indicated the user was sending a text when the collision occurred, according to the complaint.

Manhattan District Attorney Cy Vance initially charged Shanley with manslaughter and leaving the scene of an accident resulting in death — class C and D felonies, respectively. Vance later dropped the manslaughter charge and added a homicide charge, a less severe class E felony.

As Streetsblog reported in a prior story on this case, in New York City it is unusual for a hit-and-run driver who kills someone to be charged for taking a life. It’s possible that the evidence — crash video and phone records — coupled with Shanley’s criminal history led Vance’s office to pursue a homicide conviction despite dismissing the original manslaughter charge.

On Monday Shanley pled guilty to leaving the scene of an accident resulting in death, criminally negligent homicide, and leaving the scene without reporting, according to Vance’s office and court records.

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Epileptic Cab Driver on Trial for Murder for Bronx Sidewalk Killings

Tierre Clark and Kadeem Brown were on a Grand Concourse sidewalk when they were run over and killed by Emilio Garcia.

Tierre Clark and Kadeem Brown were on a Grand Concourse sidewalk when they were run over and killed by Emilio Garcia.

The driver of a green cab who killed a child and a man on a Bronx sidewalk last year was charged with murder.

The Bronx district attorney’s office said Emilio Garcia was not taking his epilepsy medication when he fatally struck 4-year-old Tierre Clark and 25-year-old Kadeem Brown on the Grand Concourse at E. 170th Street on March 20, 2015.

Press accounts published after the crash said Clark injured two other people. One of the injured victims was reportedly a 55-year-old man. The other was Sanequa Howe, Tierre’s mother, who suffered bone fractures.

“When we are waiting for the bus, she gave me a kiss and she was dancing around, she never saw it coming,” Howe told WABC.

Gothamist reported that, according to the DA’s office, Garcia was aware of his epilepsy and had been in another crash, causing injuries to a second driver, four months before Tierre and Brown were killed.

The DA’s office told Streetsblog last October that Garcia was charged with manslaughter and homicide. According to court records, current charges against Garcia are two counts of murder, one count of assault (a class D felony), two counts of negligent homicide (a class E felony), and one misdemeanor count of reckless endangerment.

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Years After Death of Ariel Russo, NYPD Chases Still Injuring and Killing People

Last week Franklin Reyes was sentenced to three to nine years in prison for the death of 4-year-old Ariel Russo.

NYPD pursuits have killed at least one person since the 2013 death of Ariel Russo, and injured an unknown number of other people.

NYPD pursuits have killed at least one person since the 2013 death of Ariel Russo, and injured an unknown number of bystanders and police.

Police pulled Reyes over on W. 89th Street, between Columbus and Amsterdam avenues, on June 4, 2013, after he drove his family’s pick-up truck across several lanes to make a turn. As officers walked toward the truck, Reyes, who was 17 and did not have a drivers license, hit the gas.

Police chased Reyes for eight blocks until he crashed onto the sidewalk at Amsterdam and W. 97th Street, where Ariel and her grandmother, Katia Gutierrez, were walking to Ariel’s school. Reyes hit them both, killing Ariel and injuring Gutierrez.

NYPD vehicle pursuits that result in death typically lead to serious charges for the people being chased. According to court records, Reyes pled guilty to manslaughter, assault, and two counts of fleeing police — all felonies. Gothamist reports that he was sentenced Friday.

“Ariel died a violent death because of your reckless behavior and you have not apologized,” said Sofia Russo, Ariel’s mother, in court. “You have shown no remorse.”

Nor has NYPD stopped engaging in car chases. NYPD policy says “a vehicle pursuit be terminated whenever the risks to uniformed members of the service and the public outweigh the danger to the community.” As in the case of Ariel Russo, and Karen Schmeer, and Violetta Kryzak, and Mary Celine Graham, many times a pursuit doesn’t end until the suspect crashes. In the wake of Ariel’s death, NYPD chases are still injuring and killing people.

NYPD hides police crash data from the public, so we don’t know exactly how much injury, loss of life, and property damage is caused every year due in part to the department’s open-ended pursuit policy. Stories about police pursuits that lead to injuries still surface regularly in the press. In March 2015 an unlicensed driver attempting to evade police killed Dave Jones on a sidewalk in Crown Heights.

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

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

Atlantic Avenue location where a school bus driver fatally struck Gwendolyn Booker on the sidewalk last Friday. Booker 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 Booker, 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.

Booker 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.

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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.

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