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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. 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.

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Driver With Revoked License Not Charged for Killing East Flatbush Senior

A driver with a revoked license killed a senior in Brooklyn Tuesday. As of Wednesday he was not charged by NYPD or District Attorney Ken Thompson for causing a death.

The crash occurred in the 67th Precinct, where motorists have killed at least three pedestrians this year, and at least seven pedestrians since January 2013.

Will District Attorney Ken Thompson charge an unlicensed driver for killing a Brooklyn senior? Image: ##http://www.ny1.com/content/politics/inside_city_hall/190291/ny1-online--brooklyn-da-candidate-thompson-responds-to-attacks##NY1##

Will District Attorney Ken Thompson charge an unlicensed driver for killing a Brooklyn senior? Image: NY1

At around 5:40 p.m., Joan Hale, 71, was crossing Foster Avenue at New York Avenue north to south when the motorist, eastbound on Foster, hit her with a 2012 Subaru Outback, according to NYPD. Police said the driver, a 75-year-old man, was proceeding with a green light, but had no information on how fast he was driving or how he failed to avoid hitting the victim.

Hale suffered severe head trauma and died at Kings County Hospital. The driver was arrested for driving with a revoked license. His name was withheld by NYPD.

It is not easy to lose a driver’s license in New York State, even temporarily. Offenses that make a license subject to revocation include DWI, homicide, leaving the scene of a crash resulting in injury or death, and three speeding or misdemeanor traffic violations committed within 18 months. For all of these offenses, except one, the minimum penalty imposed by the New York State Department of Motor Vehicles is a six-month revocation. Driving with a BAC of .18 percent or higher carries a revocation of at least one year. There is no automatic DMV penalty for killing someone with a motor vehicle.

State lawmakers have failed to hold unlicensed motorists accountable. Legislation to make it a class E felony to cause injury or death while driving without a license was rejected by the State Senate this year, and did not come to a vote in the Assembly. Another bill to require drivers with suspended licenses to surrender vehicle registrations and license plates did not get a vote in either chamber last session. As it stands, a $500 fine is the standard penalty for killing a New York City pedestrian while driving without a valid license.

Motorists have killed at least five New York City pedestrians in December, including a child and three seniors. In four cases, NYPD blamed the victim in the press. Last Friday a driver hit 64-year-old Gloria Ramiro as she crossed Third Avenue at 81st Street. She died from her injuries Monday. Police said Ramiro was “crossing mid-block,” according to DNAinfo. The driver was not charged.

To voice your concerns about neighborhood traffic safety directly to Deputy Inspector Joseph M. Gulotta, the commanding officer of the 67th Precinct, go to the next precinct community council meeting. The 67th Precinct council meetings happen at 8 p.m. on the third Thursday of the month at the precinct, 2820 Snyder Avenue. Call 718-287-2530 for information.

The City Council district where Joan Hale was killed is represented by Jumaane Williams. Motorists have killed at least three pedestrians in Williams’s district in 2014. To encourage Williams to take action to improve street safety in his district and citywide, contact him at 212-788-6859, JWilliams@council.nyc.gov or @JumaaneWilliams.

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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.

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Senior Struck By Unlicensed Driver in UES Crosswalk Has Died

Keiko Ohnishi was hit in a crosswalk by an accused unlicensed driver. The driver was charged with unlicensed operation and failure to yield but was not charged under the city's new Right of Way Law. Image: Google Maps

Keiko Ohnishi was hit in a crosswalk by a driver who was charged with unlicensed operation and failure to yield but was not charged under the city’s new Right of Way Law. Image: Google Maps

A senior struck by an allegedly unlicensed motorist in an Upper East Side crosswalk this September has died from her injuries, according to NYPD’s monthly traffic crash report and WNYC’s Mean Streets project. Though the driver was ticketed for failure to yield, he was not charged under the new Vision Zero law that makes it a crime for motorists to harm pedestrians who have the right of way.

At around 9:47 on the morning of September 4, Kristin Rodriguez, 25, drove a minivan into 66-year-old Keiko Ohnishi as she walked with a cane across Madison Avenue at E. 98th Street, near Mount Sinai Hospital, the Daily News reported.

From the Post:

“[The van] hit her and she [flew] up and back down and he kept on going with her under him,” said Tracy Molloy, 39, who was waiting for the bus when she saw the horrific accident.

“He was trying to make the light like every New York City driver,” she said.

“He drove completely over her, over her legs. He must have felt the bump and heard people scream so he stopped,” said another witness Neud Clermont. “Blood was coming out of her ears.

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

Ohnishi was admitted to Mount Sinai in critical condition. She succumbed to her injuries, NYPD confirmed.

Rodriguez, whose van reportedly had North Carolina plates, was summonsed for failure to yield and charged with third degree aggravated unlicensed operation, according to NYPD and court records. He was not charged under city code Section 19-190, known as the Right of Way Law, which made it a misdemeanor to strike a pedestrian or cyclist who has the right of way. The law was adopted as part of a package of Vision Zero legislation intended to reduce traffic injuries and deaths.

Read more…

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Woman Struck by Truck Driver on Flatbush at Atlantic “Likely to Die”

Photos: Ian Dutton

Photos: Ian Dutton

Update: The victim in this crash was identified as Winnifred Matthias, 77. She died from her injuries.

A truck driver seriously injured a pedestrian at the intersection of Flatbush and Atlantic Avenues this afternoon, near the location where a truck driver killed a senior last year. NYPD says the victim is not likely to survive.

The crash occurred around 12:36 p.m. and the victim was declared “likely to die,” according to NYPD and FDNY. DNAinfo reports that the victim was “an elderly woman”:

The woman was walking southbound down the double yellow lines on Flatbush Avenue when she was struck at the busy intersection of Atlantic Avenue near the Barclays Center just after 12:20 p.m., fire officials said.

The victim was rushed to Brooklyn Hospital in cardiac arrest. Authorities said her condition is dire.

Crosswalks at this intersection are extremely long and indirect. Sheer self-preservation might lead someone to walk outside the crosswalk in order to cross the street faster.

Photos of the scene taken by Streetsblog reader Ian Dutton show a dump truck sitting on Flatbush in front of Atlantic Terminal, a few feet past the crosswalk on the north side of the Atlantic intersection. The truck was cordoned by police tape and NYPD investigators were on the scene.

In April 2013, a semi truck driver fatally struck 83-year-old Irvin Gitlitz on Flatbush at Fourth Avenue, a few yards from the site of today’s crash.

This crash occurred in the 78th Precinct. We’ll post more information as it becomes available.

Read more…

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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.

Read more…

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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.

Read more…

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Brooklyn DA Ken Thompson: $500 Fine for Unlicensed Driver Who Killed Senior

The driver who killed Brooklyn pedestrian Maude Savage was charged for failure to yield and driving without a license, but Brooklyn DA Ken Thompson did not charge him with criminal negligence under the "rule of two." Crash still via Daily News. Thompson image: NY1

The driver who killed Brooklyn pedestrian Maude Savage last year was charged for failure to yield and driving without a license, but Brooklyn DA Ken Thompson did not charge him with criminal negligence under the so-called “rule of two.” Crash still via Daily News. Thompson image: NY1

An unlicensed driver was sentenced to a small fine and probation after he ran over and killed a Brooklyn senior who was crossing with the right of way, per the terms of a plea deal with District Attorney Ken Thompson. Though the driver was charged with committing two traffic offenses at the time of the crash, he was not charged with criminal negligence under the so-called “rule of two.”

Maude Savage, 72, waited for the signal before entering the crosswalk at Sutter and Euclid Avenues last November 25. She was mid-way across the street when Robert Brown drove a commercial van into her. Video of the crash shows that Brown barely slowed as he made a left turn, leaving Savage no time to clear his path. She died from her injuries.

Brown was charged by then-DA Charles Hynes with aggravated unlicensed operation, a misdemeanor that stipulates that he drove without a license when he knew or should have known he didn’t have one. He was also ticketed for failure to yield to a pedestrian in a crosswalk, according to court records.

Theoretically, the crash that killed Maude Savage should have triggered the “rule of two,” case law precedent that holds that a New York State motorist who is breaking at least two traffic laws at the time of a crash may be charged with criminal negligence. New York City prosecutors regularly cite the rule of two as an obstacle to charging motorists for killing, but routinely fail to bring charges after crashes involving two or more traffic violations. True to form, Hynes and Thompson did not upgrade charges against Brown.

Aggravated unlicensed operation is seemingly the default charge against unlicensed drivers who kill New York City pedestrians. It’s the same charge that is applied against unlicensed drivers who turn without signaling. In June Brown pled guilty to unlicensed operation in the second degree, a charge that may be applied when a defendant is caught driving without a license after prior convictions for unlicensed driving, or when the defendant’s license was previously suspended or revoked pursuant to a drug or alcohol related driving offense.

Second degree unlicensed operation is an unclassified misdemeanor with penalties including jail time, probation, and a fine of not less than $500. According to court records, Brown was sentenced last week to a $500 fine and two years probation.

As of August it is a misdemeanor for a driver to injure or kill a New York City pedestrian or cyclist who has the right of way. Motorists have killed at least 13 pedestrians since the law took effect, and NYPD has applied the law once.

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Older Pedestrians More Likely to Die in Traffic: Will New York State DOT Act?

Manhattan is the most dangerous borough for residents age 60 and older to walk, and older pedestrians throughout the metro region suffer disproportionately from deadly traffic violence, according to a new report from the Tri-State Transportation Campaign.

With older pedestrians more likely to be killed by drivers, will NYS DOT Commissioner Joan McDonald heed recommendations for safer streets? Photo: CT.gov

With older pedestrians more likely to be killed by drivers, will NYS DOT Commissioner Joan McDonald heed recommendations for safer streets? Photo: CT.gov

The report recommends that New York, New Jersey, and Connecticut adopt NACTO design guidelines for safer, multi-modal streets. New York State DOT said recently that the agency will not endorse NACTO standards for roads categorized as “collectors” and “arterials,” which are some of the state’s most heavily-traveled and dangerous streets.

For its latest annual “Older Pedestrians at Risk” report, Tri-State analyzed 10 years of metro area data from the Census Bureau and the National Highway Traffic Safety Administration Fatality Analysis Reporting System. While people age 60 and older made up 17 percent of the population in Manhattan from 2003 to 2012, they accounted for 42 percent of the 364 pedestrian fatalities that occurred during that time.

“At 5.46 per 100,000, the pedestrian fatality rate for Manhattan residents aged 60 and older was 3.67 times that of residents younger than 60,” says the report. “For those aged 75 years plus, the fatality rate (8.33) was 5.59 times that of their younger neighbors.”

In Nassau County, people age 60 and older were three and a half times more likely to be killed by a driver while walking than younger residents. Older residents of Westchester County faced three times the risk.

While much of the data was gleaned from local roads, not state roads, NYS DOT could allocate its resources to improve safety on any type of street in New York.

Data for other boroughs was reported as follows.

  • Brooklyn: 473 total pedestrian deaths, with a rate of 4.94 fatalities per 100,000 residents for people age 60 and older — four times that of younger residents. The fatality rate for Brooklynites age 75 and older was 6.63 per 100,000 people.
  • Bronx: 225 total pedestrian deaths, with a rate of 3.94 fatalities per 100,000 residents for people age 60 and older — more than three times that of younger residents. The fatality rate for Bronxites age 75 and older was 4.05 per 100,000 people.
  • Queens: 364 total pedestrian deaths, with a rate of 3.75 fatalities per 100,000 residents for people age 60 and older — more than three times that of younger residents. The fatality rate for Queens residents age 75 and older was 5.79 per 100,000 people.
  • Staten Island: 76 total pedestrian deaths, with a rate of 3.57 fatalities per 100,000 residents for people age 60 and older — three times that of younger residents. The fatality rate for Staten Islanders age 75 and older was 5.56 per 100,000 people.

Read more…

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15-Day Maximum Sentence for Unlicensed Driver Who Killed Bronx Senior

An unlicensed driver who killed a pedestrian in the Bronx last year was charged with only a traffic infraction that carries a nominal fine and a maximum 15-day jail term.

Bronx District Attorney Robert Johnson charged an unlicensed driver with a traffic infraction for a crash that killed an 82-year-old pedestrian.

Bronx District Attorney Robert Johnson charged an unlicensed driver with a traffic infraction for a crash that killed an 82-year-old pedestrian.

Nabaali Cletus hit 82-year-old Manuel Verdesoto with a Volvo as the senior crossed White Plains Road at Watson Avenue on the evening of May 15, 2013, according to reports.

photo from the scene showed two severe impact points to the destroyed windshield, and a dent in the hood, indicating that Verdesoto was thrown onto the vehicle with tremendous force. He died at Jacobi Hospital.

Police said Cletus, then 46, had a forged New York State photo ID and was not licensed to drive. Reports published soon after the crash said he was charged with possession of a forged instrument and driving without a license.

Cletus was not charged by NYPD or Bronx District Attorney Robert Johnson for killing Verdesoto. Nor was he charged with aggravated unlicensed operation, a misdemeanor that normally serves as the default charge issued by city prosecutors when an unlicensed driver kills a pedestrian or cyclist.

Currently the sole charge against Cletus is operating a motor vehicle by an unlicensed driver, according to court records — an infraction that carries a maximum penalty of 15 days in jail and a $300 fine.

Court records say Cletus was in court most recently on July 24. He is scheduled for another court date in September.