A motorist charged with manslaughter for the death of a Manhattan pedestrian is scheduled to appear in court later this week.
Thomas Shanley, 35, was texting when he drove a Dodge SUV onto the curb on 10th Avenue near W. 34th Street at around 8:20 a.m. on May 31, striking a fire hydrant and a bus stop signpost and mortally wounding Charity Hicks, according to a criminal court complaint and reports from Gothamist and the Daily News. A second pedestrian was also injured.
The criminal court complaint says video reviewed by NYPD showed the SUV moving northbound on 10th Avenue when the driver “swerve[d] across two lanes of traffic and onto the sidewalk.” Records from Shanley’s iPhone, found at the scene, indicated that the user was sending a text message at the time of the collision, according to the complaint.
Hicks was policy director for the East Michigan Environmental Action Council, according to a Detroit news outlet, and was visiting NYC for a conference. She suffered severe head trauma, broken ribs, and injuries to her lungs. Hicks died on July 8.
Shanley fled the scene on foot, reports said, and was arrested in New Jersey on August 1. Manhattan District Attorney Cy Vance charged Shanley with one count of manslaughter and one count of felony leaving the scene, according to court records.
Whether or not they remain at the scene, sober drivers are not usually charged with manslaughter, or the less serious charge of vehicular homicide, for killing New York City pedestrians. There are exceptions, but it’s difficult to discern why some drivers involved in serious crashes are prosecuted while others are not, since city district attorneys do not generally discuss vehicular crimes cases, even when cases are closed or no charges are brought.
Cell phone evidence and video of the crash may have factored into the DA’s decision in this case, as could leaving the scene. In addition, Shanley was reportedly on parole at the time of the crash. Other New York City DAs — former Brooklyn DA Charles Hynes especially — seemed more inclined to issue felony charges against drivers with criminal records.
Manslaughter is a class C felony with possible sentences ranging from probation to 15 years in prison. Shanley’s next court appearance is set for Friday.