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Posts from the "NYPD Crash Investigations" Category

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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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NYPD: Failure to Yield Caused Crash That Left Cyclist Brain Dead; No Charges

The bus driver was making a turn, in red, when he struck cyclist Anna Maria Moström, whose path is shown in white. NYPD's preliminary investigation results fault the driver, but no charges have been filed. Photo: Google Maps

The bus driver was making a turn, in red, when he struck cyclist Anna Maria Moström, whose path is shown in white. NYPD’s preliminary investigation results fault the driver, but no charges have been filed. Photo: Google Maps

Update: Moström was removed from life support a week after the crash, according to the Post.

No charges have been filed against the bus driver who left a Roosevelt Island cyclist brain dead last week, even though NYPD’s preliminary investigation shows the driver caused the crash by failing to yield to the cyclist.

Photo: annamariamostrom/Instagram

Photo: annamariamostrom/Instagram

At 9:18 p.m. on Wednesday, October 8, Anna Maria Moström, 29, was riding her bike northbound on Roosevelt Island’s Main Street. A 51-year-old man behind the wheel of a Roosevelt Island Operating Corporation “red bus” going south turned left across her path to enter a turnaround beneath the Motorgate parking garage. The drivers-side bumper struck Moström and she fell off her bike, according to police. She was unresponsive when EMS arrived, and was transported to Weill Cornell Medical Center.

Moström, a model who moved to New York two years ago, is a Roosevelt Island resident. After the crash, her family arrived from Sweden to be by her hospital bed. Although she has undergone surgeries and doctors hope she can begin breathing without a respirator soon, she faces a bleak prognosis for regaining consciousness, according to Swedish newspapers Nöjesbladet and Expressen. The family is making end-of-life preparations including organ donation, according to a friend of Moström’s who spoke to the Daily News.

While the driver was not intoxicated and was not using a cell phone at the time of the crash, NYPD said preliminary investigation results showed that the driver was at fault for not yielding to the cyclist. Although there is a new law to penalize drivers in exactly this type of crash, no summonses have been issued and no charges have been filed against the driver.

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Council Members Press NYPD to Enforce the Law in Death of Sui Leung

Under a new Vision Zero law, a driver who critically injures or kills a pedestrian or cyclist who has the right of way is guilty of a misdemeanor. But nearly two months after it took effect, there is no evidence NYPD is applying the law, known as Section 19-190, as Mayor de Blasio and the City Council intended. This week, three council members expressly asked NYPD to charge a motorist who killed a senior in Manhattan, and the response from NYPD Chief of Transportation Thomas Chan has troubling implications about how police are enforcing the new law.

Image: NBC

On the afternoon of September 25, a commercial van driver hit 82-year-old Sui Leung as she crossed in the crosswalk at Kenmare and Elizabeth Streets. Leung was pronounced dead at Downtown Hospital. NYPD would not identify the driver, but the van belonged to Party Rental Ltd. of Teterboro, New Jersey.

“Police did not suspect any criminality and the driver was not charged,” the Daily News reported. NYPD told Streetsblog the driver had a green light. But a visit to the intersection showed that there is no exclusive turn phase at Kenmare and Elizabeth — meaning 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,” said City Council Member Margaret Chin, who represents the area where the crash occurred. ”The driver is supposed to yield to pedestrians.”

Chin told Streetsblog her staff has spoken with Leung’s family. ”From what we know of Ms. Leung, she’s an active senior,” said Chin. “She goes to the senior center every day. She walks from her home to Chinatown. The family is also very upset about what happened.”

“It’s just so clear that she had the right of way and the driver needs to be prosecuted,” Chin said. “You’re talking about someone getting killed.”

On Wednesday, Chin and other council members sent a letter to Chan [PDF]. Based on the details provided in the NYPD crash report, which according to Chin showed Leung “unquestionably did nothing wrong,” she urged NYPD to file charges under Section 19-190. The letter was co-signed by Council Member Rosie Mendez, who represents the area where Leung lived, and Ydanis Rodriguez, chair of the council transportation committee.

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Surviving a Walk in NYC Should Not Depend on Luck

As far as Bill de Blasio's NYPD and TLC are concerned, this never happened. Image: CBS 2

As far as Bill de Blasio’s NYPD and TLC are concerned, this never happened. Image: CBS 2

The Taxi and Limousine Commission says it doesn’t know anything about a cabbie who drove onto a Midtown sidewalk, hit a pedestrian, and crashed into a building earlier this week. Other than to deflect blame from the driver, NYPD has refused to release information about the crash.

It happened Monday morning. From the Post:

“He [the pedestrian] was literally flying. He fell right here in front of this window,” said Elsa Gomez, 28, who works in Macaron Cafe on East 59th Street near Madison Avenue.

The cab careened onto the sidewalk at around 11:50 a.m. and continued into the front of an eyeglass store, shattering its window.

“It was a huge, scary noise,” said James Escobar, 50, owner of Page and Smith Opticians.

“We were working inside … and we heard a big, huge boom,” Escobar told CBS 2. “I couldn’t even open the door.”

The pedestrian was hospitalized with a leg injury, reports said. “We were lucky,” said Escobar.

NYPD declined to release information about the cab driver or the victim to the press, other than the normal exculpatory statements about the driver. Police told CBS 2 “the cabbie somehow lost control of his vehicle,” and the Post reported that “his license was valid and there were no signs of criminality.”

When I called the department’s public information office, I was told to send an email request. This is NYPD’s polite way of saying “Go away.” I have emailed NYPD many times in seven-plus years at Streetsblog, and have never received a response. We’ll update if we hear back.

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Vision Zero Hasn’t Changed NYPD Practice of Blaming Deceased Crash Victims

Based on press leaks it seems NYPD still presumes the victim is at fault in most serious crashes. Image: News 12

Based on press leaks it seems NYPD still presumes the victim is at fault in most serious crashes. Image: News 12

Last week an MTA bus driver crushed a pedestrian to death in Mott Haven. By all accounts the victim, walking with a cane, was in the crosswalk at Willis Avenue and E. 147th Street when the driver ran him over while turning left.

If reports are correct the bus driver should be subject to charges under Section 19-190, the new city law that makes it a misdemeanor for drivers to hurt or kill pedestrians who have the right of way. Yet before police cleared the crash scene, NYPD exculpated the driver in the press.

“At this point, they don’t believe there was anything criminal involved,” said ABC 7 reporter Lisa Colagrossi, “just that it was a tragic accident.”

It’s possible police may eventually file charges for the Bronx crash — the one time NYPD is reported to have applied Section 19-190 so far, in the case of the cab driver who killed Silvia Gallo on the Upper East Side, charges didn’t come until weeks later. But 10 months into Mayor de Blasio’s Vision Zero initiative it’s still standard operating procedure for NYPD to declare “no criminality suspected” before investigators have taken down the barricade tape.

NYPD also continues to blame victims for their own deaths. On Monday at around 7:19 p.m., the driver of a Ford SUV fatally struck pedestrian Cristina Alonso in Dyker Heights. Other than the basics like the victim’s name, the driver’s age and vehicle make, and the time and location of the crash, the only information released by police was that Alonso was not in the crosswalk.

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Vance Brings Manslaughter Charge in Death of Pedestrian Charity Hicks

A motorist charged with manslaughter for the death of a Manhattan pedestrian is scheduled to appear in court later this week.

Charity Hicks. Photo via Gothamist

Charity Hicks. Photo via Gothamist

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.