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Posts from the "NYPD Crash Investigations" Category

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NYPD Blames Teen Killed by SI Motorist Before Completing Investigation

A motorist waits to make a left turn from Hylan Boulevard onto Bayview Avenue, the same turn taken by the driver who struck and killed Jenna Daniels on Saturday afternoon. NYPD blamed Daniels for the collision. Image: Google Maps

A motorist waits to make a left turn from Hylan Boulevard onto Bayview Avenue, the same turn taken by the driver who struck and killed Jenna Daniels Saturday afternoon. NYPD blamed Daniels for the collision. Image: Google Maps

NYPD says it’s still investigating the death of a teenage jogger who was struck by a motorist on Staten Island, but that didn’t stop the department from publicizing a “preliminary” finding claiming the victim was at fault. Based on NYPD investigations into this crash and others, it’s open season on pedestrians who cross streets on a diagonal and don’t stay within the precise confines of a crosswalk.

The driver of a pickup truck hit 15-year-old Jenna Daniels as he made a left turn from Hylan Boulevard onto Bayview Avenue in Prince’s Bay at approximately 2:39 p.m. Saturday, according to the Staten Island Advance.

Police said Daniels was on Hylan, crossing Bayview from west to east, when she was hit. She suffered severe head trauma and was declared dead on arrival at Staten Island University Hospital, the Advance reported. A photo from the scene shows a black Ford F-150 with a raised chassis, oversized aftermarket wheels, a blacked-out grille and front bumper, and tinted headlights.

True to protocol, NYPD did not release the name of the 38-year-old motorist, who was not charged by police or Staten Island District Attorney Dan Donovan. NYPD ticketed the driver for tinted windows, the Advance said, though according to the Collision Investigation Squad report, “the windows did not contribute to the crash.”

The collision investigation squad’s report notes that his license and registration were valid, that he passed a Breathalyzer test and that he was not on his cell phone when he struck Ms. Daniels. His speed at the time of the collision was not recorded as part of the CIS report, police said.

While disclosing nothing about the driver’s speed — the single most important factor in the severity of a crash — NYPD said Daniels was jogging “outside the crosswalk … with headphones in her ears,” according to the Advance. NYPD said the motorist “had the right of way,” a claim refuted by attorney Steve Vaccaro, who said city traffic rules permit mid-block crossings on Bayview Avenue, which has several unsignalized intersections.

“On most every block in Manhattan, you have to cross at a crosswalk,” Vaccaro told the Advance. “That is not true on a block like this where there is not a traffic signal at both ends.”

Daniels appears to have been just barely outside the crosswalk when she was struck. If Daniels was jogging west to east on Hylan, as police say, she may have been headed for a desire path on the east side of Bayview (out of frame to the left in the above Google Maps image), which leads to an apartment complex and is a short diagonal from the northwest corner of the Hylan intersection. Photos published by the Advance indicate that a makeshift memorial was installed for Daniels near the spot where the desire path begins.

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Chin Joins Victims’ Families to Blast Lax Enforcement of Street Safety Law

Michael Cheung speaks about his mother, who was killed in a Canal Street crosswalk by a driver last month. No charges have been filed against the driver. Photo: Margaret Chin/Twitter

Michael Cheung speaks about his mother, 90-year-old Sau Ying Lee, who was killed in a Canal Street crosswalk by a driver last month. No charges were filed. Photo: Margaret Chin/Twitter

Drivers have killed four pedestrians in and around Chinatown since late August. Despite a new law on the books that could be applied in some of these cases, NYPD and Manhattan District Attorney Cy Vance have not filed charges against the drivers. Yesterday, Council Member Margaret Chin gathered with victims’ families and community board leaders to demand justice. Chin also announced legislation calling on DOT to study street safety on busy truck routes like Canal Street.

Last month, a driver killed 90-year-old Sau Ying Lee in the crosswalk on Canal Street at Elizabeth Street. No charges have been filed against the driver. “My mom had the right of the way when she was crossing the street. According to the police report, my mom needed only two more steps and she could finish crossing,” said Michael Cheung, Lee’s son. ”New York City law says, ‘Okay, the driver’s not drunk, he’s not under any drug influence. Goodbye. Go and kill another pedestrian.’ That’s the message New York City is sending to the driver.”

Chin pointed to lax enforcement of the Right of Way Law, also known as Section 19-190, which allows for criminal penalties against drivers who strike pedestrians or cyclists with the right of way. “We need to see the law being strongly enforced against drivers who hit pedestrians in the crosswalk,” Chin said. ”At the very least, they should have been held accountable under that clear and simple law.”

NYPD Chief of Transportation Thomas Chan has said the department is training all officers, not just crash investigators, to enforce the Right of Way Law, but there is no word on when that process will be complete. So far, enforcement of the law has been inconsistent.

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Hit-and-Run Drivers Strike Twice at Dangerous Fourth Avenue Intersection

A driver speeding north on Fourth Avenue in Park Slope this afternoon ran a red light and struck a woman, leaving her seriously injured before speeding away from the scene. Less than six weeks ago, a hit-and-run driver — also speeding north on Fourth Avenue, also running a red — injured a cyclist at the same location before crashing his car and fleeing on foot.

Police investigate the crash scene this afternoon. Photo: @JohnJayInNYC/Twitter

Police investigate the crash scene this afternoon. Photo: @JohnJayInNYC/Twitter

The woman injured today was crossing Fourth Avenue at Union Street at 12:35 p.m. when the northbound driver ran a red light and struck her in the crosswalk. She was transported to Lutheran Hospital in serious condition. According to the Daily News, she suffers from an open skull fracture. Police have not released her identity.

Witnesses interviewed by DNAinfo said the victim, age 46, landed head first on the pavement. The witnesses, who both work as EMTs, assisted the woman before an ambulance arrived. “Her face was covered with blood,” one witness said. “She was unconscious.”

The driver, behind the wheel of a dark Hyundai Elantra, fled the scene and kept going up Fourth Avenue. Police say the car may be the same vehicle that was reported stolen in Borough Park a half-hour after the crash. DNAinfo reports that police are looking for a vehicle with the license plate GRM8448.

On September 28, a similar crash occurred at the same location. A driver going north on Fourth Avenue sped past Union Street before crashing into a parked car one block away at Degraw Street. The driver got out of the car and fled on foot. Although witnesses said the driver had injured someone at Union Street before fleeing, police said the crash involved only property damage.

Two weeks after the crash, Boerum Hill resident David Pauley, 48, contacted Streetsblog to say he was the person injured by the driver at Union Street. According to a police crash report Pauley shared with Streetsblog, the driver was traveling northbound on Fourth Avenue when he ran a red light and struck another vehicle in the intersection. The driver then struck Pauley, who was going west on Union and had just entered the intersection. Like the woman injured today, Pauley landed on his head. He credits his bike helmet, which split in half, for sparing him more serious injury.

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Senior Struck By Unlicensed Driver in UES Crosswalk Has Died

Keiko Ohnishi was hit in a crosswalk by an accused unlicensed driver. The driver was charged with unlicensed operation and failure to yield but was not charged under the city's new Right of Way Law. Image: Google Maps

Keiko Ohnishi was hit in a crosswalk by a driver who was charged with unlicensed operation and failure to yield but was not charged under the city’s new Right of Way Law. Image: Google Maps

A senior struck by an allegedly unlicensed motorist in an Upper East Side crosswalk this September has died from her injuries, according to NYPD’s monthly traffic crash report and WNYC’s Mean Streets project. Though the driver was ticketed for failure to yield, he was not charged under the new Vision Zero law that makes it a crime for motorists to harm pedestrians who have the right of way.

At around 9:47 on the morning of September 4, Kristin Rodriguez, 25, drove a minivan into 66-year-old Keiko Ohnishi as she walked with a cane across Madison Avenue at E. 98th Street, near Mount Sinai Hospital, the Daily News reported.

From the Post:

“[The van] hit her and she [flew] up and back down and he kept on going with her under him,” said Tracy Molloy, 39, who was waiting for the bus when she saw the horrific accident.

“He was trying to make the light like every New York City driver,” she said.

“He drove completely over her, over her legs. He must have felt the bump and heard people scream so he stopped,” said another witness Neud Clermont. “Blood was coming out of her ears.

“I walked over and started to pull her dress down, and the driver was panicking. He was like, ‘Oh my god, I didn’t see you!’” said Clermont.

Ohnishi was admitted to Mount Sinai in critical condition. She succumbed to her injuries, NYPD confirmed.

Rodriguez, whose van reportedly had North Carolina plates, was summonsed for failure to yield and charged with third degree aggravated unlicensed operation, according to NYPD and court records. He was not charged under city code Section 19-190, known as the Right of Way Law, which made it a misdemeanor to strike a pedestrian or cyclist who has the right of way. The law was adopted as part of a package of Vision Zero legislation intended to reduce traffic injuries and deaths.

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Why Is NYPD Defending Hit-and-Run Drivers to the Press?

NYPD declined to speculate on whether a driver was speeding before a fatal hit-and-run crash, yet told the press the victim was jaywalking. Image: News 12

Update: The victim in the Rockaway Parkway crash was identified as Alex Davis, according to DNAinfo. Police said he was hit by the driver of a Ford Mustang. The driver remained at large as of November 7.

Hit-and-run drivers have killed two New York City pedestrians in the past week. After each crash NYPD sources either defended the motorist or blamed the victim in the press.

At approximately 9:30 p.m. last Thursday, the driver of a private sanitation truck ran over a 59-year-old man on Canal Street in Chinatown, according to NYPD. The man’s body was found near Centre Street, but police didn’t know where the collision occurred. NYPD had not released the victim’s name as of this morning, and no arrests had been made.

“It was not immediately clear if the driver was aware that a pedestrian had been hit, police said,” reported DNAinfo. To see justice done for this victim and his loved ones, this is a critical detail.

To secure a conviction against a hit-and-run driver in New York State, prosecutors must prove the motorist knew or had reason to know he hit someone, causing personal injury. Thanks to state laws that favor reckless drivers, when a New York motorist strikes a pedestrian and leaves the scene, “I didn’t see him” is not an admission of guilt, but a potent defense strategy. So in effect, NYPD has offered a preemptive defense for the motorist who claimed this person’s life.

In the second crash, a hit-and-run driver in a “dark-colored sedan” killed a 59-year-old man on Rockaway Parkway near Winthrop Avenue, in Brownsville, early Saturday. The victim’s identity is still being withheld pending family notification, NYPD said, and the driver remains at large.

Local residents told NY1 that speeding is rampant on the segment of Rockaway Parkway where Saturday’s crash occurred.

“If we were able to put a mid-block crosswalk and a light that split it right down the middle, tragedies like this wouldn’t happen because people would have an option to cross,” one area resident said.

“This intersection is never safe. It’s always somebody getting hit by a car. It’s always a child getting clipped by a car a vehicle. Everybody’s always speeding, not trying to stop at the lights. Everybody’s just in a rush,” another said.

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NYPD Training Precinct Cops to Charge Drivers Who Violate Right of Way Law

All 35,000 of New York City’s uniformed police officers will be trained to file charges against drivers who violate the new Right of Way Law, according to NYPD Chief of Transportation Thomas Chan.

NYPD Chief of Transportation Thomas Chan. Image: NYPD

NYPD Chief of Transportation Thomas Chan. Photo: NYPD

The law, also known as Section 19-190, established misdemeanor penalties for drivers who strike and injure pedestrians or cyclists with the right of way, part of a Vision Zero legislative package Mayor de Blasio signed earlier this year. Now, a reckless driver who harms someone else could end up with a permanent criminal record instead of facing no meaningful consequences, which has typically been the case even when a motorist inflicts grievous injury or death.

Since the law went into effect in August, however, charges have remained scarce. Most citations for violating the Right of Way Law have been filed by the Collision Investigation Squad, which is staffed by fewer than 30 officers and can handle only a small fraction of crashes that result in serious injury. To date, only one reported Right of Way violation has been issued by a precinct officer. Since precinct officers are far more numerous than CIS investigators and are usually the first to arrive at a crash scene, the success of the Right of Way Law hinges on equipping them to enforce it.

I asked Chan about how the department enforces the Right of Way Law after the mayor’s press conference yesterday on the city’s new 25 mph speed limit. Here is his response, in full:

We’re in the process. We’re working with our police academy, and we’re taking a look. Because we have a large [department] — 35,000 officers are going to be doing the enforcement on that area — it’s not only on the level of CIS. We want to make sure that they have the proper guidance and the proper protocol for that.

Right now, it’s running through the course of channels, the legal bureau within the police department. And then ultimately, we will touch base also with the DA’s offices, because again, we want to make sure that we get it out there, and we get it out there correctly, because it’s a very important law that will make an impact out there. Again, with 35,000 people, we don’t want to get variations, different interpretations, and that’s part of why it’s important for us to make sure we get our people on board and get it done correctly.

I asked to confirm that precinct-level officers will be enforcing the 19-190 law. “Yes. Yes. Yes. Absolutely,” Chan said. Streetsblog has filed a freedom of information request for more information on how the department is training officers to enforce Section 19-190.

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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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DA Cy Vance: $250 Fine for Motorist Accused of Deliberately Striking Cyclist

Manhattan DA Cy Vance dropped assault charges against Jose Henriquez, the hit-and-run driver accused of intentionally striking a cyclist with an SUV. Henriquez was allowed to plead to leaving the scene and was fined $250. Vance photo: Brad Aaron. Henriquez photo via Facebook

Manhattan DA Cy Vance dropped assault charges against Jose Henriquez, a hit-and-run driver accused of intentionally striking a cyclist with an SUV. Henriquez was allowed to plead to leaving the scene and was fined $250. Vance photo: Brad Aaron. Henriquez photo via Facebook

Manhattan District Attorney Cy Vance dropped assault charges against a hit-and-run driver accused of intentionally ramming a cyclist with an SUV, allowing the defendant to plead guilty to leaving the scene and pay a small fine, according to court documents and the victim’s attorney, Steve Vaccaro.

Vaccaro says the case was one of several handled by his firm, Vaccaro and White, in which Vance’s office declined or otherwise failed to pursue assault charges against motorists and pedestrians who attacked cyclists or purposefully hit them with motor vehicles.

According to Vaccaro and a witness affidavit [PDF], at around 5:00 p.m. on July 13, 2013, Michael (not his actual name) was riding his bike on Avenue B on the Lower East Side. Avenue B is a narrow two-way street with no bike lanes and parking on both sides. To avoid being doored, Michael was riding in the center of his lane. When a motorist approached Michael from behind, tailgating and honking, he responded by flipping the driver off.

Approaching the intersection of Avenue B and E. 13th Street, Michael slowed for a red light. According to the affidavit, the driver, still behind him, accelerated, striking the back of Michael’s bike and flipping him over the handlebars, causing him to hit his head on the ground. With Michael in the street bleeding from his face and head, the motorist swerved around him and attempted to drive off. A second motorist on the opposite side of the intersection tried to block the way, but the SUV driver went around the vehicle and left the scene.

Witnesses noted the SUV’s plate number, and the driver was identified by NYPD as 33-year-old Jose Henriquez, of Queens.

Michael suffered lacerations to his face. Despite his injuries and the circumstances of the crash, NYPD and prosecutors with Vance’s office initially charged Henriquez only with leaving the scene. “We went out and got the witnesses to establish that it was a deliberate strike, and to the DA’s credit, they added assault charges,” says Vaccaro. “Now, inexplicably and without justification, they have dropped them.”

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Speed Kills, But NYPD Won’t Open the Data

On the surface, the crashes that killed Jill Tarlov and Michael Williams last month could hardly have been more different.

Michael Williams and Jill Tarlov.

Michael Williams and Jill Tarlov.

Williams, a 25-year-old rookie cop, was riding in an NYPD van on the Bruckner Expressway shortly after dawn en route to police the Peoples Climate March, when the driver of the van crashed into a concrete median. Tarlov, a 58-year-old mother of two from Fairfield, CT, was walking across Central Park around 4:30 p.m. after a day of birthday shopping for her son, when she was struck by a man cycling on the Park Loop.

A young man at work, a middle-aged woman on a stroll. A passenger in a van, a walker in a park. A wet expressway in early morning, a dry park road on a bright afternoon. Miles and worlds apart, but for the awful suddenness and seeming randomness of their deaths, and the grief left in their wakes.

And this too: excessive speed almost certainly played a part — perhaps the key part — in the crashes that killed them both.

Although Tarlov died of brain trauma from her head striking the pavement, the fact that she was unable to break her fall suggests that the cyclist struck her at high speed.

Williams was thrown from the NYPD van “when the cop driver lost control as he rounded a sharp corner on the rain-slicked Bruckner Expressway in Hunts Point,” the Daily News reported, and smashed into the highway median. Needless to say, the Bruckner Expressway does not have sharp corners — it has curves. The Daily News employed the language of our automobile-centered culture that attempts to conceal the simple fact that the driver was going too fast for the conditions.

By now, the authorities probably know how fast the cyclist and the driver were operating their vehicles. The cyclist who struck Tarlov was widely reported to have been a habitual user of Strava, a mobile app for tracking athletic activity that records real-time speeds via GPS and uploads them continuously from watches and phones to a central database. The NYPD seized the cyclist’s phone and thus presumably has access to the data feed with his second-by-second position and velocity as he rode toward Tarlov on the park loop road. As for the NYPD 2009 Ford Econoline that crashed on the Bruckner, it likely had an event data recorder or “black box” recording the van’s speed in the moments immediately preceding the crash, which would be available to the police.

Yet it is now three weeks and counting, and no data has been released about either crash. Of course, the NYPD never releases its collision investigations, even though the public has every right to that data, and keeping it hidden impedes efforts to prevent future tragedies.

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Motorist Fatally Strikes “Very Small” Pedestrian in Chinatown [Updated]

Canal Street, looking west, at Elizabeth Street, where a driver struck and killed a senior this morning. NYPD and a witness says the victim was crossing south to north (left to right) when the driver waiting at the light accelerated into her when the signal changed.  Image: Google Maps

Canal Street, looking west toward Elizabeth Street, where a driver struck a senior this morning. Image: Google Maps

Update: The victim was identified as Sau Ying Lee, 90. Though NYPD said Lee had the right of way, according to Lee’s son no charges were filed against the driver by NYPD or Manhattan District Attorney Cy Vance.

NYPD has filed no charges against a driver who killed a senior in Chinatown this morning.

The victim, believed to be in her 70s, was crossing Canal Street at Elizabeth Street at approximately 4 a.m., when the motorist hit her with a Jeep SUV, according to NYPD and published reports. Based on media accounts and information provided by police, it appears the victim was crossing Canal south to north and was struck when the driver, westbound on Canal, accelerated when the signal changed.

From the Daily News:

“I didn’t see her, she was very small,” said the 64-year-old driver, who was heading west on Canal St. but immediately stopped the car after the collision.

The man, who did not give his name, was in shock when he realized what had happened. “My heart, it’s pounding.”

Armando Noreles, 43, was stopped at the red light in his delivery truck beside the Jeep moments before the SUV slammed into the woman.

“We were waiting at the red light. When the light changed he started driving, and he didn’t see the lady and he just hit the lady.”

NYPD has not released the victim’s identity, pending family notification. She died at New York-Presbyterian Lower Manhattan Hospital. ”We saw her every day, every morning,” Norales told the Daily News. “She was so cute. Early in the morning, she tried to get money collecting cans.”

As of this morning, an NYPD spokesperson said there was “no criminality.” Police had no information on who had the right of way, and said the Collision Investigation Squad was still working the crash.

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