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Posts from the NYPD Crash Investigations Category

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NYPD Denies Request for Files Related to Fatal Manhattan Curb-Jump Crash

Mike Rogalle appeared in a promotional video with Neil deGrasse Tyson, who noted his death on Facebook. Image: NOVA/YouTube via Facebook

Mike Rogalle appeared in a promotional video with Neil deGrasse Tyson before Rogalle was killed by a curb-jumping motorist in 2012. The driver was not charged. Image: NOVA/YouTube via Facebook

NYPD rejected a Streetsblog freedom of information request for files related to a curb-jump crash that killed a Manhattan pedestrian in the Financial District three years ago.

UPS man Mike Rogalle was working his regular route on the afternoon of April 17, 2012, when an SUV driver ran him over on the sidewalk outside 15 Beekman Street. Witnesses described an unthinkably gruesome scene, with Rogalle trapped under the vehicle before he was taken to the hospital in critical condition. Rogalle, 58, was removed from life support a few days after the crash.

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

NYPD and Manhattan District Attorney Cy Vance filed no charges against the driver who killed Mike Rogalle.

On May 7, Streetsblog filed a FOIL request for records pertaining to the crash that killed Rogalle. On May 19, NYPD Lieutenant Richard Mantellino rejected the request, citing “an unwarranted invasion of personal privacy.” NYPD could have released the records with personal information redacted, but instead denied our request outright. Mantellino’s letter is embedded after the jump.

Streetsblog is appealing NYPD’s rejection of our request. On Tuesday we filed a separate FOIL request for relevant records from DA Vance’s office.

Last month a hit-and-run driver ran over a woman on the sidewalk near the spot where Rogalle was hit. Vance filed felony charges in that case. Both crashes occurred near Spruce Street School, where, according to parents who have kids there, motorists regularly use the sidewalk to drive around traffic. Spruce Street parents and administrators asked DOT for improvements to Beekman before Rogalle was killed. DOT installed a stop light and street markings at Beekman and William streets but has not implemented measures, such as bollards, to keep drivers off the sidewalk.

Read more…

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Cy Vance Files Felony Charges for Beekman Street Sidewalk Hit-and-Run

Manhattan District Attorney Cy Vance has filed felony charges against a woman accused of driving onto a downtown sidewalk, striking a pedestrian, and leaving the scene.

Heather Hensl was walking on Beekman Street near William Street on April 13 when a motorist struck her, knocking her to the ground, lacerating her head and fracturing her leg. The driver did not stop.

Cy Vance. Photo: Manhattan DA

Video showed the driver “backing up several times in order to be able to make the turn onto the sidewalk and head west past a traffic jam” prior to the collision, according to Downtown Express. DNAinfo reported that the driver barely missed hitting other people, including children, who were able to get out of her path. The crash occurred near Spruce Street School, where, according to parents who have kids there, it’s not unusual for motorists to use the sidewalk to drive around traffic.

Police said the same car was involved in a second hit-and-run crash, involving a pedestrian in Brooklyn, shortly after Hensl was hit.

Earlier this month, Hensl said NYPD was prepared to close the case without filing charges because the woman identified as the vehicle’s owner lives in New Jersey. Police also said they were unable to find a witness who saw the driver through the vehicle’s tinted windows.

But on Wednesday the alleged driver, Tiffany Murdaugh, appeared in New York Criminal Court on multiple charges, according to Downtown Express and court records. Vance charged Murdaugh with assault, reckless endangerment, and leaving the scene of an accident, court records say. Assault and reckless endangerment are both class D felonies, with penalties ranging from probation to seven years in prison.

From Downtown Express:

According to the complaint, on Tuesday evening at the First Precinct, Murdaugh was shown video of the incident and identified the 2013 white Dodge Challenger in it as her vehicle. She also told police that “she had taken the Holland Tunnel into Manhattan that morning and that no one else had driven her vehicle that day,” according to the complaint.

“I’m very relieved,” said Hensl in a phone interview. “I’m glad that she is in jail right now and not on the street.”

Hensl said the assistant district attorney who called her felt confident in the case and she will testify before the grand jury.

Read more…

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Turning Driver Kills 89-Year-Old on Upper East Side, NYPD Blames Victim

A driver makes a left turn into the crosswalk at E. 61st Street and First Avenue, where John Torson was fatally struck Thursday. NYPD said the 89-year-old victim was "outside the crosswalk" when he was hit. Image: Google Maps

A driver makes a left turn into the crosswalk at E. 61st Street and First Avenue, where John Torson was fatally struck Thursday. NYPD said the 89-year-old victim was “outside the crosswalk” when he was hit. Image: Google Maps

For the second time in a week, a turning driver has killed a senior on the Upper East Side. Police blamed the victim in the press.

John Torson, 89, was crossing E. 61st Street north to south at around 7:19 p.m. Thursday when a 56-year-old woman drove a Lexus SUV into him while turning left from First Avenue, according to NYPD and published reports. Torson, who lived on E. 63rd Street, was declared dead on arrival at New York Presbyterian/Weill Cornell Medical Center, police said.

The crash occurred in the 19th Precinct, where a cab driver fatally struck 76-year-old tourist Amelia Sterental on May 9. As of March, 19th Precinct officers had issued just 10 speeding tickets in 2015.

From the Post:

The driver, who remained at the scene, said Thorson “just hobbled into the middle of the street.”

“I did my best to put on the brake, but he ran into my car,” said the shaken driver, who did not want to give her name. “I feel bad for him. I hope he’s okay. But I’m so worried.”

An NYPD spokesperson told Streetsblog that, according to the Collision Investigation Squad, Torson was “outside of the marked crosswalk” when he was struck. Anonymous police sources told the Post Torson “was not in the crosswalk,” and the Daily News reported that, according to unnamed sources, the victim was “a few car-lengths west of the crosswalk.” A photo of the scene published by the Post shows the SUV sitting on 61st Street, the rear tires a few feet from the crosswalk, indicating Torson probably would not have been far from the corner.

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Will NYPD Charge Driver Who Rammed Woman on Sidewalk and Left Scene?

Beekman Street, with Spruce Street School and New York Presbyterian Lower Manhattan Hospital at right, where a driver hit Heather Hensl on the sidewalk and left the scene. Parents say motorists routinely drive on the sidewalk in front of the school to get around traffic. Image: Google Maps

Beekman Street, with Spruce Street School and New York Presbyterian Lower Manhattan Hospital at right, where a driver hit Heather Hensl on the sidewalk and left the scene. Parents say motorists routinely drive on the sidewalk in front of the school to get around traffic. Image: Google Maps

A motorist who deliberately drove down a Manhattan sidewalk, rammed a pedestrian, left the scene and reportedly hit a second person in Brooklyn might not be charged with a crime, according to one of the victims.

Heather Hensl was walking on Beekman Street near William Street on April 13 when a motorist struck her, knocking her to the ground, lacerating her head and fracturing her leg. The driver did not stop. In an email to Downtown Express, Hensl, a 37-year-old physician assistant, said she is on crutches and may require knee surgery, in addition to physical therapy.

The crash occurred near Spruce Street School. Parents of kids who attend the school say it’s not unusual for motorists to use the sidewalk to drive around traffic.

From Downtown Express:

Video viewed by Downtown Express shows the driver backing up several times in order to be able to make the turn onto the sidewalk and head west past a traffic jam.

Captain Mark Iocco, the First Precinct’s commanding officer, said the same car was involved in an accident in Brooklyn about 30 minutes after that incident. The car was pulling into a parking spot and hit an elderly lady, he said at last week’s meeting of the First Precinct Community Council. The elderly woman couldn’t identify her, and could only confirm that the driver was a female, he said.

The suspect has filed an insurance claim. The police are working with the insurance company and they are “investigating her up and down,” said Iocco.

The driver barely missed striking other people on Beekman, including children, who were able to get out of her path, DNAinfo reported. “[The driver] drove on the sidewalk as if it was a lane,” one witness said. “So fast that I turned my head and I didn’t see the car.”

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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

158_concourse

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.