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Posts from the NYPD Crash Investigations Category

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Driver “Flying” Through Harlem School Zone Kills Child — Tabs Blame Victim

The car involved in the collision that killed Ervi Secundino had extensive damage to the hood and grille, indicating the crash likely occurred at a high rate of speed. Witnesses said the driver was “flying” through a school zone at dismissal time. Image: WNBC

The car involved in the collision that killed Ervi Secundino had extensive damage to the hood and grille, indicating the crash likely occurred at a high rate of speed. Witnesses said the driver was “flying” through a school zone at dismissal time. Image: WNBC

A driver operating a TLC-licensed vehicle killed a 12-year-old boy outside a school in Harlem Wednesday.

The crash occurred in the 32nd Precinct, where officers issue an average of between one and two speeding tickets per day.

Ervi Secundino was hit at approximately 3:15 p.m. in front of Frederick Douglass Academy, where he was in the sixth grade, the Times reported. He was crossing Adam Clayton Powell Jr. Boulevard at 150th Street, west to east, when the southbound driver struck him and dragged him for one block, according to NYPD and media reports.

Ervi lived on 145th Street, near the school. He was pronounced dead at Harlem Hospital. Ervi was at least the second child age 14 and under killed by a New York City motorist this year, and the tenth since January 2014, according to crash data compiled by Streetsblog.

The driver was a 23-year-old man who lives in Brooklyn, a police spokesperson said. His name was not released by NYPD or the Taxi and Limousine Commission. NYPD had no information on the driver’s speed or who had the right of way, and police had filed no charges as of late this morning. The NYPD spokesperson said the investigation was ongoing.

Images from the scene show the car, a Toyota livery cab, with extensive damage to the hood and grille, indicating the driver was likely exceeding the 25 miles per hour speed limit. While the Post and the Daily News blamed the child for being in the street, WNBC spoke with witnesses who said the driver was speeding.

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NYPD Tickets Driver After Blaming Staten Island Teen for Her Own Death

After initially blaming the victim in the press, NYPD issued a careless driving summons to the monster truck driver who killed 15-year-old Jenna Daniels as she jogged along a Staten Island street last winter. The department refused to release the driver’s name or disclose how he was penalized, the Staten Island Advance reports.

After blaming Jenna Daniels for her own death, NYPD found the motorist who hit her failed to exercise due care.  Photo via Staten Island Advance

After blaming Jenna Daniels for her own death, NYPD found the motorist who hit her failed to exercise due care. Photo via Staten Island Advance

The driver hit Daniels with a pickup truck as he made a left turn from Hylan Boulevard onto Bayview Avenue in Prince’s Bay on the afternoon of November 15, according to the Advance. Police said Daniels was on Hylan, crossing Bayview from west to east, when she was struck. She suffered severe head trauma and was declared dead on arrival at the hospital.

Photos taken at the scene showed a black Ford F-150 with a raised chassis, oversized aftermarket wheels, a blacked-out grille and front bumper, and tinted headlights. In the photos, the truck is sitting in the street a few yards from the crosswalk.

In November, before completing an investigation, NYPD issued a “preliminary” finding that Daniels was jogging “outside the crosswalk … with headphones in her ears.” Jogging with headphones is legal, and according to attorney Steve Vaccaro, mid-block crossings are permitted on the street where the crash occurred.

While NYPD emphasized Daniels’s actions, the driver’s speed at the time of the collision “was not recorded as part of the CIS report.” The driver was ticketed for tinted windows, but police said they “did not contribute to the crash.”

In November NYPD told the Advance the driver “had the right of way” and that “pedestrian error: crossing outside marked crosswalk” caused the crash. But in March, with a “months-long investigation” complete, the Advance reported that police summonsed the driver for failure to exercise due care.

Despite NYPD’s determination that the motorist was driving carelessly, and the absence of evidence that the victim was breaking traffic rules, an NYPD spokesperson said Daniels “contributed to the collision.”

NYPD continued to shield the driver’s identity and “declined to divulge the driver’s punishment,” the Advance reported.

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After a Fatal Crash, NYPD’s Initial Version of Events Often Turns Out Wrong

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The intersection where a U-Haul driver struck and killed a cyclist Sunday afternoon. Image: Google Maps

Yesterday, the 24-year-old driver of a U-Haul van struck and killed a 43-year-old cyclist at the Grand Concourse and 158th Street in the Bronx. Police investigators have made a preliminary determination that the van driver had the right of way, according to NYPD, but the agency has yet to reveal the basis for that conclusion.

NYPD’s public information office told Streetsblog the driver was traveling southbound on the Grand Concourse but did not know the cyclist’s direction of travel. Nor did police have information on the driver’s speed, saying the investigation is ongoing.

The preliminary findings of police are what get reported and broadcast to the public the day after someone is killed in traffic, but in several cases, early NYPD accounts blaming the victim of a deadly crash later turned out to be erroneous.

When 3-year-old Allison Liao was struck and killed by a turning SUV driver in 2013, the initial Daily News report cited anonymous police sources who said she was hit “after she broke free from her grandmother.” Video later showed that at the moment of the collision, Allison was holding her grandmother’s hand, walking with the signal in a marked crosswalk.

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Cy Vance: Senior’s Crosswalk Death Remains Unsolved After Seven Months

No charges were filed by NYPD or Manhattan District Attorney Cy Vance against the driver who fatally struck 82-year-old Sui Leung in a Manhattan crosswalk last fall. Though Council Member Margaret Chin said the NYPD crash report indicated Leung was walking with the right of way, Vance’s office says the investigation has yet to conclude seven months after the crash.

Cy Vance indicted 190 drivers for vehicular crimes in five years. Will he try for 191? Photo: Manhattan DA

commercial van driver hit Leung as she crossed at the intersection Kenmare and Elizabeth Streets on the afternoon of September 25, 2014. NYPD didn’t release the driver’s identity. The van belonged to Party Rental Ltd. of Teterboro, New Jersey.

Shortly after the crash, NYPD told Streetsblog the driver had a green light. A visit to the intersection revealed there is no exclusive turn phase at Kenmare and Elizabeth, so Leung would have had a walk signal when the driver had a green, and would therefore have had the right of way.

“She had the right of way,” local City Council Member Margaret Chin told Streetsblog last October. Along with council reps Rosie Mendez and Ydanis Rodriguez, Chin sent a letter to NYPD Chief of Transportation Thomas Chan urging police to charge the driver under the Right of Way Law, which took effect last August. According to details provided in the police report, Chin said, Leung “unquestionably did nothing wrong.”

Streetsblog contacted Chin’s office last December to check up on the case, and at that time no action had been taken against the driver.

“It looks like no charges were ever filed,” Chin spokesperson Sam Spokony told Streetsblog last week, “and that’s obviously something we’re really unhappy with, as Council Member Chin has communicated to both the Manhattan DA’s office and NYPD.”

“At this stage, the investigation remains open, so we cannot make further comment,” said Vance spokesperson Joan Vollero. Vance’s office usually does not comment on vehicular cases, even when cases are disposed or no charges are filed in the first place.

The investigation into the death of 9-year-old Cooper Stock was officially “open” for months after Vance’s office told family members no charges would be filed against the cab driver who killed him.

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No Charges for Cab Driver Who Killed Two People on Bronx Sidewalk

Image: News 12

NYPD and the TLC are withholding the name of the cab driver who hit four people on a Bronx sidewalk, killing two. No charges were filed. Image: News 12

No charges have been filed against a cab driver who drove onto a sidewalk in the Bronx and killed a man and a young girl.

The crash happened at around 6:30 p.m. Friday. Reports say the 44-year-old driver, whose name is being withheld by NYPD and the Taxi and Limousine Commission, hit a parked car on a Grand Concourse service road, then crashed onto the sidewalk near a bus stop at E. 170th Street, about a block away, and ran over four people.

Kadeem Brown, 25, died at the scene. Five-year-old Tierre Clark died later at a hospital. A 55-year-old man and a 39-year-old woman, who according to some reports was Tierre’s mother, were hospitalized.

“The car came up driving on the sidewalk,” witness Ronald Luis told the Daily News. “After it hit the people, it hit the corner of the building and spun around. The whole front was smashed in.”

“On this side they were pressing on her chest — the little girl,” witness Raymond Fermin told WCBS. “I’m guessing also she couldn’t breathe. I wasn’t sure. The guy that was laying here on the floor — they weren’t giving him any treatment. I guess he was already gone.”

Photos and video footage from the scene show the heavily-damaged cab at rest against a building. WABC noted that there are cameras attached to a neighboring building.

No arrests were made and an investigation is ongoing, according to NYPD and the office of Bronx District Attorney Robert Johnson. News 12 reported that police believed the driver was speeding. The Daily News said NYPD was looking into whether the driver “was having a medical episode.”

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DMV Suspends License of Driver Who Killed Mathieu Lefevre for Six Months

The New York State Department of Motor Vehicles found the truck driver who killed Brooklyn cyclist Mathieu Lefevre responsible for the collision and suspended his driver’s license for six months.

Mathieu Lefevre. Photo by Chieu-Anh Le Van via Support Justice for Mathieu Lefevre

Leonardo Degianni’s DMV safety hearing took place on March 2, three-and-a-half years after he hit Lefevre at the intersection of Morgan Avenue and Meserole Street. At around midnight on October 19, 2011, Degianni was driving a crane truck, traveling in the same direction as Lefevre, when he struck Lefevre while making a right turn. Degianni did not stop at the scene, and was identified after police found the truck parked a block away.

After initially blaming Lefevre for the crash, NYPD summonsed Degianni for failing to signal and careless driving, but DMV dismissed the tickets. Degianni, who told police he didn’t know he had run Lefevre over, was not charged criminally by NYPD or former Brooklyn district attorney Charles Hynes.

DMV administrative law judge Marc Berger announced his findings from the hearing on March 6 [PDF]. Based on video evidence and testimony from NYPD Detective Gerard Sheehan, who investigated the crash, Berger determined Degianni did not signal his turn and failed to use his mirrors. “Had he signaled 100 feet prior to turning, as required under VTL section 1163(b), Mr. Lefevre would have been alerted, before he even reached the truck, and been able to protect himself by taking evasive action,” Berger wrote.

Berger found that in addition to failing to signal, Degianni failed to exercise due care. “These violations contributed to the accident and warrant taking action against the license and/or driving privileges of the respondent,” Berger wrote.

Berger’s ruling was posted on a new DMV web page that lists hearings resulting from fatal crashes.

In New York State, a license suspension means a motorist can pay a fee and get his license back after the prescribed period — 180 days in Degianni’s case. While it’s technically not as serious as a revocation, which requires a driver to re-apply for a license, a six-month suspension is notable for the DMV, which has a history of going easy on motorists who kill people.

Steve Vaccaro, attorney for the Lefevre family, said in a statement:

On behalf of the families we represent who have lost loved ones in crashes, I welcome the DMV’s decision and process. Mr. Degianni’s 180-day suspension is one of the most serious sanctions to be applied to a sober, reckless driver in a fatal New York City crash in recent memory. The DMV’s new practice of announcing safety hearing results online is also a welcome step for the agency towards greater transparency and accountability.

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No Word on Whether Trucker Who Killed Mathieu Lefevre Will Keep License

More than three years after the crash, the New York State Department of Motor Vehicles held a hearing today to determine whether to take action against the truck driver who killed cyclist Mathieu Lefevre. But Lefevre’s family will have to wait on a DMV decision.

Mathieu Lefevre. Photo by Chieu-Anh Le Van via Support Justice for Mathieu Lefevre

Lefevre, 30, was killed just after midnight on October 19, 2011, while riding his bike on Morgan Avenue in Brooklyn. As Lefevre approached the intersection of Morgan and Meserole Street, Leonardo Degianni, who was driving a 28-ton crane truck and traveling in the same direction as Lefevre, ran over Lefevre while turning right. Degianni did not stop at the scene, and was identified as the driver after police found the truck parked a block away.

It took a lawsuit and a lot of well-earned negative publicity for NYPD to share information about the crash with Lefevre’s family. NYPD concluded Degianni was unaware he struck Lefevre based on video of the crash. Detective Gerard Sheehan, the crash investigator assigned to the case, also apportioned some blame to Lefevre in his report. Though Degianni did not signal before turning and Lefevre was riding legally, Sheehan said Lefevre “should not have been passing on the right side.”

Lefevre’s family asked Charles Hynes, then the Brooklyn district attorney, to review the case, but Hynes declined to press charges. Degianni was eventually ticketed for failing to signal and careless driving, but the DMV threw out the tickets.

At this morning’s “safety hearing,” DMV administrative law judge Marc Berger heard testimony from Sheehan, who basically repeated the conclusions contained in the NYPD crash report. Berger also reviewed video of the crash, and accepted photos of the scene as evidence.

Berger questioned Sheehan on key details, such as the number and position of the mirrors on the truck, and whether in Sheehan’s opinion Degianni should have known he hit a person on a bicycle. Sheehan at one point indicated he believed Degianni should have seen Lefevre, had he used his mirrors properly, but said police could not determine if Degianni had passed Lefevre prior to the collision. Though the investigation found Degianni made contact with Lefevre on the driver’s side of the truck, Sheehan said drivers of large vehicles often say they didn’t detect running someone over.

Berger did not render a decision today.

Today’s proceeding was a vast improvement over the 2014 hearing when Berger asked the driver who killed Brooklyn pedestrian Clara Heyworth for his analysis of the crash scene. But the DMV adjudication process is still biased to favor motorists who kill people.

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De Blasio Defends Right-of-Way Law to Dimwits in Albany [Updated]

Update [February 26]: The quote from the mayor has been updated to include his full response.

At a hearing in Albany this morning, Mayor Bill de Blasio defended the new city law that enables police to file misdemeanor charges against drivers who injure or kill people with the right of way. He also shed some light on how officers determine whether to file charges.

Mayor Bill de Blasio testifies in Albany this morning. Image: NY Assembly

Mayor de Blasio in Albany this morning. Image: NY Assembly

State Senator Marty Golden, who represents Bay Ridge, focused on the high-profile arrests of bus drivers who have killed or injured pedestrians in crosswalks. Golden asked if the Right-of-Way Law is even necessary. “If it’s an accident, it’s an accident. Do we need to arrest these people, and is that necessary?” Golden asked. “Should we be locking up bus drivers?”

Here is the heart of the mayor’s response:

Senator, the law that was passed by the City Council, which I signed, makes clear that when an individual fails to yield to pedestrians where they should — the pedestrian has the walk sign and they’re crossing the street and there’s still a crash… what the law dictates is that if there is serious injury or fatality, and if the officers on the scene determine that it was an avoidable injury or fatality, they are obligated to pursue an arrest. If the officers determine that it was unavoidable, meaning something happened that no driver could have possibly foreseen or responded to in time, they have the option of giving a summons. So this is a new law with a clear standard. It is a stricter standard than that which existed previously, and that’s for a reason, because people were being killed and grievously hurt in all sorts of instances and there wasn’t a clear enough legal consequence. So the law, I think, has been a step forward. It should be applied respectfully and sensitively, especially — I agree with you — our public service workers always deserve respect in every situation, and I appreciate the work they do. But again, the officer on the scene has to make a determination… If the officer believes it was 100 percent avoidable, that is an arrest situation.

At an MTA press conference minutes later, Daily News reporter Pete Donohue asked MTA Chair Tom Prendergast whether he thought bus drivers who injure or kill pedestrians in crosswalks should be subject to the Right-of-Way Law. Prendergast’s response avoided answering questions about the law itself.

“For whatever reason, the legislation was written the way it was. I’m not going to get into details of it,” Prendergast said, stressing that bus driver unions, the city, and the MTA alike are working to reduce crashes. “I drove a bus for 30 days,” Prendergast said. “The two hazards that you’re most faced with are right turns and left turns, and so I can totally appreciate the difficulties bus drivers have.”

While Prendergast did not address how the law is enforced or whether bus drivers should receive the special exemption that the TWU is seeking, he did say the MTA may adjust bus routes to limit turns through crowded crosswalks and may ask DOT to offset pedestrian crossings to minimize conflicts. (In the 1990s, the Giuliani administration moved some Midtown crosswalks to mid-block locations and installed pedestrian barriers at corners, which remain in place today.)

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In Brooklyn, Another Alleged Unlicensed Driver Faces Wrist Tap for Killing

An allegedly unlicensed driver who killed a pedestrian in a Brooklyn crosswalk last month was not charged with criminal negligence by NYPD or District Attorney Ken Thompson. Meanwhile, legislation to increase the penalty for causing a death while driving without a valid license continues to languish in Albany.

The motorist who killed Raul Leone-Vasquez was charged with unlicensed driving and careless driving, but was not charged by Brooklyn DA Ken Thompson with criminal negligence under the “rule of two.”

The motorist who killed Raul Leone-Vasquez was charged with unlicensed driving, a misdemeanor, and careless driving, a traffic infraction, but was not charged by Brooklyn DA Ken Thompson with criminal negligence.

Raul Leone-Vasquez was crossing Bay Parkway at Bath Avenue at around 6:35 a.m. on December 28 when Simcha Rosenblatt hit him with a Toyota Camry, according to the Bensonhurst Bean and the Daily News. Leone-Vasquez, 27, suffered head trauma and died at Lutheran Hospital. His death was reported by several outlets Wednesday, following an NYPD media release.

Rosenblatt, 60, of Lakewood, New Jersey, was charged with aggravated unlicensed operation and failure to exercise due care. The Bensonhurst Bean and WNBC reported that, according to police, Leone-Vasquez was crossing Bay Parkway east to west, in the crosswalk, and Rosenblatt was southbound on Bay Parkway. If that account is accurate, and Leone-Vasquez had a walk signal, it appears Rosenblatt would either have been turning from Bath Avenue onto Bay Parkway or he drove south through the intersection against the light.

Aggravated unlicensed operation is a low-level misdemeanor that stipulates that Rosenblatt drove without a license when he knew or should have known he didn’t have one. It is common for NYPD and city prosecutors to file a top charge of aggravated unlicensed operation when an accused unlicensed driver kills a pedestrian. It’s the same charge applied by police and prosecutors when an unlicensed driver commits a traffic infraction.

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Unlicensed, Hit-and-Run Drivers Kill First NYC Pedestrian Victims of 2015

Motorists struck four pedestrians in two crashes in Manhattan and the Bronx over the weekend, killing two victims. One driver in the Bronx was charged with leaving the scene and reckless driving, while another remains at large. The Manhattan motorist, operating a vehicle with TLC plates, was ticketed for driving without a license, though NYPD blamed the victims in the press. The drivers were not charged for causing death and injury by NYPD or district attorneys Cy Vance and Robert Johnson.

Wesley Mensing was killed and Erin Sauchelli injured by the driver of a vehicle with TLC plates. The driver was ticketed for unlicensed driving but was not charged with a crime by NYPD or Manhattan DA Cy Vance. Photo via Post

Wesley Mensing was killed and Erin Sauchelli injured by the driver of a vehicle with TLC plates. The driver was ticketed for unlicensed driving but was not charged with a crime by NYPD or Manhattan DA Cy Vance. Photo via New York Post

At approximately 7:18 p.m. Saturday, Wesley Mensing and Erin Sauchelli were crossing E. 62nd Street at Lexington Avenue north to south when Aliou Diallo, eastbound on 62nd, drove a Mercedes SUV into them, according to NYPD, the Post, and the Daily News.

Mensing, 27, a noted golf instructor who lived in Scotch Plains, New Jersey, died at the scene. He was the first known New York City pedestrian fatality of 2015. Sauchelli, 30, was hospitalized with head and leg injuries.

Diallo was summonsed — but was not charged criminally — for unlicensed driving, NYPD said. Citing unnamed police sources, the Post reported that Mensing and Sauchelli were “not in the crosswalk,” and an NYPD spokesperson told Streetsblog they were crossing E. 62nd between Lexington and Third Avenue. Yet photos of the scene show the SUV sitting on E. 62nd just a few feet from the intersection, which seems to indicate that Mensing and Sauchelli were struck within or very close to the crosswalk.

NYPD has a history of relying solely on driver testimony when investigating pedestrian and cyclist deaths. Since the Right of Way Law took effect last August, expressly making it a misdemeanor offense for motorists to injure or kill people with the right of way, police have repeatedly blamed deceased pedestrians by claiming they were outside a crosswalk when they were struck by motorists.

NYPD had no information on how fast Diallo was driving, or how he failed to see two people in the street in front of him. Regardless of how the crash occurred, it is a crime in New York State to drive a vehicle if you know or have reason to know you don’t have a valid license. The investigation is “ongoing,” according to NYPD.

Also at issue is how an alleged unlicensed driver was allowed to operate a TLC-licensed vehicle. Saturday’s crash marked at least the second time in the past year that an accused unlicensed driver killed a pedestrian or cyclist with a livery cab. Streetsblog has asked the TLC for information on the livery base associated with the SUV Diallo was driving and whether Diallo had a current hack license at the time of the crash.

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