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Posts from the NYPD Crash Investigations Category


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.


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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Vance Deal: $400 Fine for Unlicensed Driver Who Killed Senior in Crosswalk

An unlicensed driver who fatally struck a senior as she crossed the street with the right of way will pay a $400 fine, pursuant to a plea arrangement with Manhattan District Attorney Cy Vance.

NYPD and Manhattan DA Cy Vance declined to charge an unlicensed motorist for causing the death of a senior who was crossing the street with the right of way. The driver was fined $400 for driving without a license. Photo: Brad Aaron

NYPD and Manhattan DA Cy Vance declined to charge an unlicensed motorist for causing the death of a senior who was crossing the street with the right of way. The driver was fined $400 for driving without a license. Photo: Brad Aaron

Keiko Ohnishi was walking with a cane across Madison Avenue at E. 98th Street on September 4 at around 9:47 a.m. when Kristin Rodriguez, 25, drove a minivan into her while making a left turn from E. 98th onto Madison, according to NYPD and the Post.

“[The van] hit her and she [flew] up and back down and he kept on going with her under him,” witness Tracy Molloy told the Post. “He was trying to make the light like every New York City driver.”

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

Ohnishi, 66, was admitted to Mount Sinai Hospital in critical condition. She died from her injuries. Streetsblog was made aware of her death via the NYPD monthly crash data report and WNYC’s Mean Streets project.

Rodriguez, whose van had North Carolina plates, was summonsed for failure to yield and charged with third degree aggravated unlicensed operation, according to the Post and court records. Court records indicate he was not charged under city code Section 19-190, known as the Right of Way Law, which as of August makes it a misdemeanor to strike a pedestrian or cyclist who has the right of way. NYPD and Vance did not upgrade charges against Rodriguez after Ohnishi died.

Aggravated unlicensed operation is an unclassified misdemeanor, the lowest level misdemeanor category. It is seemingly the default charge against unlicensed drivers who kill New York City pedestrians, and is also applied when unlicensed drivers commit non-criminal traffic infractions. Third degree aggravated unlicensed operation carries a maximum penalty of 30 days in jail and a $500 fine. Drivers who plead guilty are normally fined with no jail time.

At a Fordham Law School event in November, Vance said he is prevented from prosecuting drivers who kill in cases that “may not have the facts to support a criminal prosecution and conviction.” For this crash and others like it, however, the Vance team clearly had enough evidence to bring a criminal case, yet declined to charge an unlicensed motorist who failed to yield for taking a life. Since the driver was charged with unlicensed driving and failure to yield, this case also seems to satisfy the so-called “rule of two.”

On Wednesday, Rodriguez, who was free on $1,000 bond, pled guilty and was sentenced to a $400 fine and $88 in fees, court records say. There is no indication that the court took action against his driver’s license. Rodriguez is scheduled to pay his fine in March.


NYPD Still Doesn’t Investigate All Fatal Traffic Crashes

In 2013, Ray Kelly made the only significant traffic safety policy change in his exceptionally long tenure as police commissioner. Kelly promised to increase the staffing of NYPD’s Collision Investigation Squad — where, at the time, only 19 detectives were assigned to investigate crashes in a city with about 300 traffic deaths and 3,000 serious injuries every year. To ensure that more crashes received serious attention from NYPD, Kelly also said the department would retire a rule that limited CIS investigations to cases in which the victim was deemed “likely to die.”

One year into Vision Zero, NYPD is still letting some fatal collisions slip through the cracks of its crash investigation protocol. Photo: Clarence Eckerson, Jr.

Under the old rule, NYPD not only failed to investigate the vast majority of crashes resulting in serious injury, it also failed to investigate many fatal crashes. With police officers making spur-of-the-moment medical assessments about whether victims would die, the results were predictably inconsistent. In some cases, like the crashes that claimed the lives of Stefanos Tsigrimanis and Clara Heyworth, NYPD failed to promptly investigate because the victims were not initially deemed likely to die. Critical evidence could not be properly collected.

The new resources and the new rule were supposed to prevent fatal crashes from slipping through the cracks. Kelly issued a memo establishing a new standard, stating that officers would “respond when there has been a critical injury or when a Police Department duty captain believes the extent of injuries and/or unique circumstances of a collision warrant such action.”

But even after Kelly set the new rule in place, even in the purported Vision Zero era under Commissioner Bill Bratton and Mayor de Blasio, NYPD still doesn’t promptly investigate all fatal crashes.

WNYC’s Kate Hinds and Kat Aaron report that NYPD doesn’t announce about a quarter of traffic deaths — those missing fatalities end up in spreadsheet compilations but not in the press alerts the department sends out in the immediate aftermath of a fatal crash. One of the victims overlooked by NYPD’s public announcements was Douglas Matrullo, who was struck by a hit-and-run driver about three months ago and died at Bellevue eight hours after the collision. Hinds and Aaron report:

A spokesperson said that’s because the officers who responded to Matrullo’s crash didn’t think his injuries were serious enough to warrant calling in the Collision Investigation Squad, the specially-trained unit that gathers evidence at crash scenes.

A crash victim died and NYPD never investigated — this is exactly the scenario that retiring the “likely to die” rule was supposed to prevent.

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Does Cy Vance Use His Surveillance Camera Bank to Fight Traffic Violence?

In New York City, if you hit someone with a motor vehicle and keep driving, odds are you will get away with it. NYPD made arrests in just 25 percent of fatal hit-and-run crashes in 2012, according to Transportation Alternatives. And in many cases where the driver is eventually identified, a simple “I didn’t see her” is all it takes to satisfy prosecutors and police.

A hit-and-run truck driver nearly killed Wendy Ruther and her 3-year-old son Justin. Is Cy Vance putting his lauded video surveillance system to work on the case? Photo via DNAinfo

A hit-and-run truck driver nearly killed Wendy Ruther and her 3-year-old son Justin. Is Cy Vance putting his lauded video surveillance system to work on the case? Photo via DNAinfo

On December 1, a truck driver hit Wendy Ruther and nearly ran over her young son, Justin, as the pair walked to Justin’s preschool. The two were in a crosswalk at W. 65th Street and Broadway, DNAinfo reported, when the driver made a right turn, hit them both, and continued south on Broadway. CBS reports that NYPD has yet to make an arrest, and Wendy Ruther remains hospitalized with serious injuries.

“She recalls feeling the three wheels of the truck going over her,” said the woman’s husband, Aldo Lombardi.

The hit-and-run accident, steps away from Lincoln Center, a week ago Monday nearly killed her.

“She still cannot believe she is alive,” Aldo Lombardi said.

Wendy Lombardi has a crushed leg, a fractured pelvis, and a deep gash near her eye. The injuries came as she managed to save the life of her 3-year-old son Justin.

“He recalls being hit by a big wheel,” Aldo Lombardi said. “Wendy managed to push him off of danger.”

CBS says Aldo Lombardi “was told that the Lincoln Center security cameras at the scene were pointing the wrong way,” and “no one got a close look” at the driver. “I would ask him to come forward,” Lombardi said. “I would like him not to be on the streets.”

It seems that in Manhattan, at least, NYPD and vehicular crimes prosecutors have a powerful tool to help catch hit-and-run drivers, and collect evidence for other traffic crash cases. The recent New York Times profile of Manhattan District Attorney Cy Vance described a web of video surveillance cameras spanning the borough, with access at investigators’ fingertips.

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Teen Driver Kills Senior on Street With No Sidewalks, NYPD Blames Victim

Ignascio Andal, whose path is indicated in white, was killed by a driver on a street with no sidewalks in Jamaica Estates. NYPD said "no criminality is suspected." Motorists have killed at least three pedestrians this year in the 107th Precinct. Image: Google Maps

Ignascio Andal, whose path is indicated in white, was killed by a driver on a street with no sidewalks in Jamaica Estates. NYPD said “no criminality is suspected.” Motorists have killed at least three pedestrians this year in the 107th Precinct. Image: Google Maps

A teenage driver ran over a senior on a street with no sidewalks Sunday, and NYPD cast blame on the victim. The crash occurred in a police precinct where motorists have killed at least three pedestrians in 2014.

At around 3 p.m. yesterday, 84-year-old Ignascio Andal was walking westbound on Wicklow Place when a 17-year-old driver in a 2013 Mazda hit him after turning right from 188th Street, according to NYPD.

The Daily News published photos, taken after dark, which indicate Andal was pushing a four-wheeled cart.

Wicklow Place is a suburban-style residential street with no sidewalks that forms a T intersection with 188th Street. NYPD had no information on who had the right of way, how fast the driver was going, or what prevented him from seeing the victim — nothing pertaining to the driver’s actions other than his direction of travel. NYPD said Andal was “in the middle of the roadway.” Andal was declared dead on arrival at New York Hospital Queens.

NYPD told Streetsblog the investigation is ongoing, but said “no criminality is suspected.” According to the Daily News, “cops say that the 17-year-old driver is not being charged with a crime.”

According to crash data compiled by Streetsblog, Andal was at least the third pedestrian killed by a driver this year in the 107th Precinct, where as of October officers had summonsed 157 drivers for failing to yield to pedestrians in 2014, and issued 523 speeding tickets. All three fatalities happened in the City Council district represented by Rory Lancman.

To voice your concerns about neighborhood traffic safety directly to Captain Paul A. Valerga, the commanding officer of the 107th Precinct, go to the next precinct community council meeting. The 107th Precinct council meetings happen at 8 p.m. on the fourth Tuesday of the month at precinct, 71-01 Parsons Boulevard. Call 718-969-5973 for information. The 107th Precinct is also on Twitter.