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Posts from the NYPD Crash Investigations Category

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No Charges for Driver Who Killed Sheepshead Bay Woman in Crosswalk

The red arrow indicates the approximate path of Carol Carboni, and the white arrow indicates the approximate path of the 33-year-old driver who killed her in the crosswalk at Avenue Z and Nostrand Avenue. Photo: Google Maps

The white arrow indicates the approximate path of Carol Carboni, and the red arrow indicates the approximate path of the 33-year-old driver who killed her in the crosswalk at Avenue Z and Nostrand Avenue. Photo: Google Maps

NYPD has not filed charges against the driver who killed a Sheepshead Bay woman in the crosswalk just blocks from her home yesterday afternoon.

Carol Carboni, 52, was crossing Nostrand Avenue from west to east at 3:35 p.m. yesterday when the driver of a 2013 Infiniti sedan, making a left turn from eastbound Avenue Z to northbound Nostrand, struck the rear right side of her mobility scooter with his front passenger-side bumper. Carboni fell off the scooter and suffered severe head trauma, NYPD said. She was taken to Lutheran Medical Center, where she was pronounced dead.

This case seems to be a likely candidate for Right of Way charges against the driver. The fact that Carboni was in the crosswalk and the driver was making a left turn at the same time indicate that Carboni likely had the right of way.

NYPD told Streetsblog this morning that it did not have information available about what the traffic signals indicated or who had the right of way at the time of the crash. The Collision Investigation Squad continues to investigate the crash, NYPD said, and no charges have been filed against the 33-year-old Brooklyn resident who was behind the wheel.

In the year since the Right of Way Law took effect, NYPD has rarely charged drivers who strike pedestrians or cyclists with the right of way.

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One Year Later, Bratton’s NYPD Rarely Enforcing Key Vision Zero Law

Mayor Bill de Blasio, Police Commissioner Bill Bratton, and NYPD Transportation Chief Thomas Chan. The Right of Way Law is a key component of de Blasio’s Vision Zero initiative, but NYPD barely enforces it.

Mayor Bill de Blasio, Police Commissioner Bill Bratton, and NYPD Transportation Chief Thomas Chan. The Right of Way Law is a key component of de Blasio’s Vision Zero initiative, but NYPD barely enforces it a year after it took effect.

Last weekend marked the one-year anniversary of the Right of Way Law, also known as code Section 19-190, which made it a misdemeanor for motorists in New York City to harm people who are walking and biking with the right of way.

The law is a legislative centerpiece of Mayor de Blasio’s Vision Zero initiative. It was supposed to put an end to the days when motorists who failed to yield could injure people without facing any consequences. But one year in, that goal is still a long way off, with NYPD rarely enforcing the new law.

According to a New York Times story published in June, NYPD charged “at least 31″ drivers in the 10 months after the law took effect. During that same period, New York City motorists injured 11,606 pedestrians and cyclists, and killed 118. Since failure to yield is the primary factor in 27 percent of serious pedestrian injuries and deaths in New York City, according to NYC DOT’s 2010 Pedestrian Safety Study and Action Plan [PDF], it’s all but certain that most drivers who violate the law are not cited by NYPD. (We asked the mayor’s office for current data on Right of Way Law charges. We’ll post it if we get it.)

Last October, NYPD Chief of Transportation Thomas Chan said all 35,000 uniformed officers would be trained to enforce the Right of Way Law. This would allow the department to apply the law in collisions not deemed serious enough to warrant attention from the Collision Investigation Squad, a small, specialized unit that works a few hundred crashes per year, almost all of them fatalities. But with only a few dozen cases brought by NYPD since the law took effect, most motorists who injure and kill rule-abiding New Yorkers continue to do so with impunity.

Given the high profile of some Right of Way cases brought by police and prosecutors, it’s possible the law may be having a deterrent effect anyway. NYPD charged several MTA bus drivers for injuring or killing people in crosswalks — cases that got a lot of publicity when the Transport Workers Union called for bus drivers to be exempt from the law. While MTA bus drivers killed eight people in crosswalks last year, to this point no such crashes have occurred in 2015.

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No Charges for Driver Who Killed 72-Year-Old Cyclist in Sunset Park

A driver killed Rigoberto Diaz as he biked through the intersection of 48th Street and Third Avenue in Sunset Park. Image: Google Maps

A driver killed Rigoberto Diaz as he biked through the intersection of 48th Street and Third Avenue in Sunset Park. Image: Google Maps

A motorist killed a senior on a bike under the Gowanus Expressway on a Sunset Park street where drivers are routinely involved in high-speed crashes.

The crash happened Wednesday at around 5:30 p.m. Rigoberto Diaz, 72, was traveling westbound against traffic on 48th Street and attempting to turn left onto Third Avenue when a driver traveling northbound on Third hit him with a Chevrolet SUV, according to NYPD and Patch.

Diaz died at Lutheran Hospital. NYPD and District Attorney Ken Thompson filed no charges against the driver, whose name was not released. A police spokesperson told us the investigation was still open as of this afternoon.

NYPD had no information on how fast the driver who hit Diaz was going. Police said Diaz was making a “wide left turn,” which could mean he was attempting to get to southbound Third Avenue when the driver hit him.

There are traffic signals at the intersection of Third Avenue and 48th Street. If the crash occurred as described by police, and Diaz and the driver approached the crossing at a perpendicular angle, one of two scenarios seems likely: Either the driver or Diaz ran the light, or Diaz made his turn near the end of the light cycle as the driver entered the intersection at speed.

Injury crashes along Third Avenue this year, with the site of Wednesday’s fatal collision indicated by the blue dot. Image: Vision Zero View

Injury crashes along Third Avenue this year, as of June, with the site of Wednesday’s collision indicated by the blue dot. Image: Vision Zero View

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NYPD: Driver Error Caused Crash That Killed Mike Rogalle

NYPD determined that a driver pinballing down a Manhattan street caused a curb-jump crash that killed a pedestrian, but police and District Attorney Cy Vance filed no charges.

Mike Rogalle

Mike Rogalle

UPS delivery man Mike Rogalle, 58, was working his Financial District route on April 17, 2012, when an SUV driver ran him over on the sidewalk outside 15 Beekman Street. Rogalle was removed from life support days later.

Media reports said there were two adults and two small children in the SUV. The press identified the male adult passenger as an FDNY inspector, and said a woman was driving. The names of the people in the SUV were not reported in the press or disclosed by NYPD.

Last May NYPD rejected a FOIL request for documents pertaining to the crash. Vance’s office, responding to a separate FOIL filing, said it had no record of an investigation.

We appealed the NYPD FOIL denial, and in July the department sent us a one-page report on the crash, embedded below, with the name of the SUV driver and other information redacted.

According to the NYPD report, the driver, traveling westbound on Beekman, “struck the right curb then veered left” to avoid a “parked unoccupied vehicle” before “accelerating and mounting the south sidewalk,” striking Rogalle from behind and pinning him between the SUV and the entrance to 15 Beekman Street.

NYPD concluded that “operator error” caused the crash. According to the police report, the investigation was concluded on June 18, 2015 — more than three years after the crash and a few weeks after the department received the Streetsblog FOIL request.

Vance recently secured a felony indictment against a driver who injured a woman on the sidewalk near where Rogalle was killed.

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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.

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When a Driver Had a Seizure and Killed Two in Manhattan, It Was Murder

The motorist who killed a cyclist and injured several others in Brooklyn yesterday told police he had a seizure after he did not take his medication. If the driver’s claim is true, the case would be similar to a Manhattan crash that resulted in a murder conviction.

According to reports, at around 7 a.m. Tuesday 37-year-old Claudio Rodriguez, driving against traffic on Fourth Avenue, hit a male cyclist head-on, near the Atlantic Avenue intersection, killing the victim instantly. The Brooklyn Eagle identified the cyclist as 35-year-old Alejandro Moran-Marin.

Reports said Rodriguez hit a stopped vehicle before striking Moran-Marin, and drove into another car before coming to a stop near Fourth and Flatbush Avenue. Five people, including Rodriguez, were hospitalized.

From WABC:

After smashing into the back of the Camry, witnesses say the driver backed up, went around the Camry then drove into oncoming traffic and kept speeding up the block, hitting the bicyclist near Atlantic Avenue.

Witnesses said Moran-Marin’s bicycle was scattered in pieces across several blocks.

A witness told the Daily News he “thought the driver was trying to flee after rear-ending the Toyota because he backed up before taking off.”

In the immediate aftermath of the crash, several outlets reported that NYPD said the driver had a seizure, information the Daily News and the Post said came from Rodriguez himself. “He admitted to cops that he had forgotten to take medication on Monday to control his seizures, law-enforcement sources said,” the Post reported.

“I was feeling, like, you know when you feel dizzy,” Rodriguez said. “After that, I don’t remember until I hit the other guy and the other guy hit me.”

As of this afternoon no charges had been filed against the driver by NYPD or Brooklyn District Attorney Ken Thompson, police told Streetsblog. NYPD said the investigation is ongoing.

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DMV: Six-Month Suspension for Driver Who Killed Sammy Cohen Eckstein

The New York State Department of Motor Vehicles determined that the driver who killed 12-year-old Sammy Cohen Eckstein failed to exercise due care and did not have a valid license at the time of the crash. DMV administrative law judge Marc Berger suspended the driver’s license for six months.

Sammy Cohen Eckstein

At around 5:15 p.m. on October 8, 2013, Sammy was attempting to retrieve a ball from Prospect Park West at Third Street when Luis K. Quizhpi-Tacuri hit him with a Chevrolet van. According to findings issued by Berger on June 29 [PDF], Quizhpi-Tacuri admitted that he saw the ball in the street, and saw another driver, traveling in the same direction to his left, come to a stop. Rather than slow down or stop, Quizhpi-Tacuri passed the second vehicle on the right, striking Sammy with the right rear tire of the van.

According to the DMV report, Quizhpi-Tacuri testified at a June 26 hearing that he was traveling at 25 miles per hour when the collision occurred. He also said he was late for a 5:00 appointment.

Wrote Berger:

The sight of a ball rolling into the street in a residential area adjacent to a park in the afternoon should have warned the respondent of the likely presence of children — to carefully observe his surroundings and make appropriate adjustments, including slowing down or stopping if necessary. Additionally, the fact that the vehicle immediately to his left suddenly stopped after the ball passed should have been an indication to the respondent to use extra care instead of passing that vehicle on its right.

Berger found Quizhpi-Tacuri committed three traffic offenses: failure to use due care, passing on the right unsafely, and driving without a valid license. Berger’s report says Quizhpi-Tacuri had a Washington state license at the time of the crash, though he had lived in New York for nine years. New York requires drivers to obtain a new license within 30 days of becoming a resident.

NYPD failed to send any of the officers who investigated the crash to Quizhpi-Tacuri’s DMV hearing, according to Steve Vaccaro, the attorney for Sammy’s family.

NYPD blamed Sammy for the crash and issued no summonses or charges. No charges were filed by former Brooklyn district attorney Charles Hynes or his successor Ken Thompson, who took office in 2014.

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Did Cy Vance’s Office Investigate the Crash That Killed Mike Rogalle?

Cy Vance’s office said it has no record of the crash that killed Mike Rogalle.

Cy Vance’s office said it has no record of the crash that killed Mike Rogalle.

A Manhattan prosecutor says District Attorney Cy Vance’s office has no record of any investigation into the curb-jump crash that killed pedestrian Mike Rogalle.

Rogalle, who delivered packages for UPS, was working his Financial District route on the afternoon of April 17, 2012, when an SUV driver ran him over on the sidewalk outside 15 Beekman Street. Rogalle was removed from life support days later. He was 58.

Reports said there were two adults and two small children in the SUV. The press identified the adult passenger, a man, as an FDNY inspector. The driver was reportedly a woman. The names of the people in the SUV were not reported by the media.

NYPD and Vance filed no charges against the driver who killed Mike Rogalle.

Last month NYPD rejected a Streetsblog FOIL request for records pertaining to the crash, citing “an unwarranted invasion of personal privacy.” On May 26 we filed a freedom of information request for documents from Vance’s office, including emails, pertaining to the case.

Assistant DA Sarah Hines responded on June 10:

Utilizing the information provided in your letter, including the name of the man who died and the date and location of the collision, which you specify, I have made diligent inquiries in this Office, including speaking with the Chief of the Vehicular Crimes Unit as well as the Unit Coordinator of that unit. Despite these inquiries, I have been unable to locate any records or documents responsive to your request.

If we do not possess the items you seek, then your request must be denied on that basis. The District Attorney’s Office cannot provide an item that does not exist or that we do not possess. If we do possess some or all of the items you seek, then your request does not “reasonably” describe them in a manner which enables me to locate them, and your request must be denied on that basis.

In the past, Vance’s PR staff told Streetsblog they could not access traffic crash cases without defendants’ names. Since very few traffic crashes in New York City result in criminal charges, there are usually no defendants to speak of. Meanwhile, NYPD generally does not divulge drivers’ names after a serious crash unless charges are filed.

This makes it impossible for the public to know why charges are not brought against Manhattan drivers who injure and kill people. In the case of Mike Rogalle, it appears that either Vance’s office is incapable of locating records when provided key details of a collision, or Vance’s office did not investigate Rogalle’s death.

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NYPD: No ROW Charge for Driver Who Killed Moshe Grun in UWS Crosswalk

A driver turning left fatally struck Moshe Grun as he crossed Broadway at W. 62nd Street, where motorists are required by law to yield to pedestrians. The white arrows represent Grun’s path through the intersection — it is unknown if he was walking east or west — and the red arrow indicates the path of the driver. Image: Google Maps

A driver turning left fatally struck Moshe Grun as he crossed Broadway at W. 62nd Street, where motorists are required by law to yield to pedestrians. The white arrows represent Grun’s path through the intersection — it is unclear if he was walking east or west — and the red arrow indicates the path of the driver. Image: Google Maps

Will NYPD file Right of Way Law charges against a driver who fatally struck Moshe Grun in an Upper West Side crosswalk? A sergeant from the 20th Precinct wouldn’t answer that question, denying Grun had died before deferring to an investigator who was on vacation.

Grun, 59, was crossing Broadway at W. 62nd Street, in the marked crosswalk, when the westbound driver of a commercial van hit him while turning left onto southbound Broadway, according to reports and photos from the scene.

From JP Updates:

FDNY responded to the scene and found Grun trapped under the van. After rescuing him he was transported to St. Luke’s Hospital in cardiac arrest, with serious leg and head injuries.

The crash happened on June 1 at around 7 p.m. Grun died after three days in the hospital, JP Updates reported.

“The man was crossing and the van smashed into him,” a witness told the Daily News.

The News reported that, according to anonymous police sources, Grun was “crossing against the light.” But if the driver had a green light, Grun should have had a walk signal. Photos from the scene show the van in the Broadway crosswalk on the south side of the intersection.

The Post, DNAinfo, and WNBC also reported the crash, and none indicated Grun was violating traffic rules.

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NYPD Denies FOIL Request for Files on NYPD Crash That Killed Felix Coss

NYPD rejected a Streetsblog freedom of information request for files pertaining to a crash in which an on-duty officer killed a pedestrian in Brooklyn.

Felix Coss. Photo via DNAinfo

Felix Coss, 61, was crossing Broadway at Hooper Street, in a crosswalk with the signal, on the afternoon of July 6, 2013, when Officer Paula Medrano struck him with a marked van from the 90th Precinct while making a left turn, according to reports and photos of the scene.

DNAinfo and the Daily News cited witnesses who said Medrano was seen talking on a cell phone at the time of the collision. “She had a cellphone to her right ear,” a witness told the Daily News. “She hit him. When she hit him, he fell on the floor and cracked his head open.”

The crash was reportedly investigated by the Internal Affairs Bureau, but the results of that investigation were not publicized in the media. Medrano’s name never appeared in an online database of court records.

On May 7, Streetsblog filed a FOIL request for records related to the crash. On May 26, NYPD Lieutenant Richard Mantellino rejected our request, citing “an unwarranted invasion of personal privacy,” the same language Mantellino used to deny our FOIL for records pertaining to the 2012 curb-jump crash that killed Mike Rogalle. As with the Rogalle crash, NYPD could have redacted whatever personal information the department deemed necessary, but again chose to withhold all files.

NYPD shields information pertaining to traffic crash investigations from the public — and victims’ families — as a matter of course. NYPD is especially secretive concerning crashes involving police personnel, withholding data even from other city departments.

Streetsblog is appealing NYPD’s rejection of our request for information on the crash that killed Felix Coss.

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