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Cy Vance Nets Felony Conviction of Driver Who Killed Senior Shu Ying Liu

Manhattan District Attorney Cy Vance secured a felony hit-and-run conviction against a truck driver who killed a senior in Hell’s Kitchen.

Cy Vance. Photo: Manhattan DA

On February 5, 2013, Jack Montelbano ran over 69-year-old Shu Ying Liu with a private dump truck as Liu crossed 41st Street at Ninth Avenue in the crosswalk and with the right of way. The Times reported that Montelbano drove away from the scene though witnesses alerted him to the collision.

Liu, who reportedly once worked as a magazine editor in China, lived on W. 54th Street, near the site of the crash. She was pronounced dead at St. Luke’s-Roosevelt Hospital.

Police found Montelbano in New Jersey, where he lived and where the truck was registered. A prosecutor with Vance’s office said Montelbano was “involved in a fatal car crash at that same spot several years ago,” the Post reported after Montelbano’s arrest.

Vance charged Montelbano with felony leaving the scene. Montelbano pled not guilty and was convicted at trial last Friday, June 19. The case was prosecuted by ADA Patricia Stolfi Collins.

To convict a driver for hit-and-run in New York State, prosecutors must prove a motorist knew or had reason to know an injury occurred. This is more difficult than it may seem. Under state law, “I didn’t see her” is not an admission of guilt, but a potent defense strategy. In another case brought by Vance, a jury acquitted the postal worker who killed cyclist Marilyn Dershowitz, despite video evidence showing the driver stop his truck after the collision before driving away from the scene.

Montelbano was convicted of a class D felony, which carries penalties ranging from probation to seven years in prison. He is scheduled to be sentenced in July.

Years before Liu was killed, Community Board 4 asked DOT to give people more time to cross at Ninth Avenue and W. 41st Street, an intersection with a history of crashes. Liu’s death sparked renewed calls for DOT action, and the agency finally made improvements, including a dedicated pedestrian signal phase, last summer.

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Motorists Kill Three Pedestrians and Seriously Injure Two Kids in Five Days

New York City motorists killed three adults and seriously injured two children in five crashes since last Thursday.

Police say a driver hit 7-year-old Abriana Carrasco with a Jeep, then ran her over to get away from the scene. Photo via Daily News

Police say a driver hit 7-year-old Abriana Carrasco with a Jeep, then ran her over to get away from the scene. Photo via Daily News

At around 10 p.m. Sunday, the driver of a Jeep Wrangler hit 7-year-old Abriana Carrasco near an ice cream truck on E. 214th Street at Paulding Avenue in the Bronx, according to the Daily News.

“You could hear her crying and she was saying something, but you couldn’t hear it,” said witness Miele Rue, 38, who saw the little girl, crumpled and bleeding, on the street shortly after the collision on E. 214 St. near Paulding Ave. in Allerton. “There was ice cream on the ground and there was blood around her.”

The Post reported that the driver, who witnesses said was a woman, ran Abriana over while fleeing the scene:

“She was speeding,” one witness said of the driver. “She was going way too fast. She hit her and the little girl flew.

“The driver hit the brakes.’’

But after she stopped, the heartless driver took off and “ran over the girl with her front and back wheels,’’ a police source said.

Abriana was hospitalized in critical but stable condition with two broken legs and a broken hip. The motorist who ran her over was not immediately identified or apprehended.

“The driver was driving recklessly,” Elvis Perez, Abriana’s cousin, told the Daily News. “It’s Memorial Day weekend. You can see there’s an ice cream truck, you know there are gonna be kids. How can you just speed down the road?”

Sincere Atkins, 8, was crossing Sutphin Boulevard near 125th Avenue in Queens Monday when a driver struck him with a Toyota Corolla. The Daily News reported that Sincere was headed to join his cousin at a playground when he was hit.

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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No Felony Charge From Queens DA for Repeat Reckless Driver Who Hit Senior

Queens District Attorney Richard Brown agreed to drop felony charges against an unlicensed and allegedly impaired driver who ran over a senior and tried to flee the scene. Brown allowed the motorist to plead to a misdemeanor.

richardbrown

Queens DA Richard Brown

On October 21, 2014, William Stafford “plowed his 2005 BMW into an 89-year-old man” at the intersection of 25th Avenue and 44th Street in Astoria, the Daily News reported.

He stopped and tried to drive away, but horrified witnesses said they stopped him from speeding off.

“It’s like the whole neighborhood got together and followed him,” witness Lili Skorpanic, 54, said.

At least three motorists held him for police, who took him into custody without incident.

The senior, known in the neighborhood as Benny, was bleeding from the ears.

NYPD recorded the incident as an injury crash in the department’s October collision data report.

According to the Daily News, “Stafford was arrested two times before, once for driving on a suspended license in 2008 and once for drunk driving in 2009.” After the October crash, Brown charged Stafford with felony assault, felony leaving the scene, operating a motor vehicle while impaired by drugs, aggravated unlicensed operation, and other offenses, according to court records.

But on Monday, Stafford pled guilty to one count of misdemeanor leaving the scene, court records say. The felony assault charge was dismissed. For hitting an 89-year-old man with a car and attempting to flee the scene, Stafford faces a maximum penalty of a year in jail. The sentence will likely be lighter.

Brown has a long history of failing to impose serious consequences on motorists who injure, maim, and kill people. Brown filed no charges against a man who drove onto a sidewalk and ran down five children outside a school in Maspeth. When a motorist ran over 3-year-old Allison Liao in a Flushing crosswalk, Brown’s office defended him and wrote off the crash as an “accident.”

William Stafford is scheduled to be sentenced in June. Richard Brown is up for reelection later this year.

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No Right-of-Way Charge for Cab Driver Who Killed Senior in UES Crosswalk

An unidentified cab driver fatally struck 76-year-old Amelia Sterental in an Upper East Side crosswalk. NYPD and Cy Vance filed no charges. Image: WABC

An unidentified cab driver fatally struck 76-year-old Amelia Sterental in an Upper East Side crosswalk. NYPD and Manhattan DA Cy Vance filed no charges. Image: WABC

A yellow cab driver fatally struck a senior in an Upper East Side crosswalk Saturday, and no charges were filed by NYPD or Manhattan District Attorney Cy Vance. The crash occurred in the 19th Precinct, where as of March officers had issued just 10 speeding tickets in 2015.

At around 2:43 p.m. Amelia Sterental, 76, was walking north across 60th Street when the cab driver hit her with a Ford SUV while turning left from Madison Avenue, according to NYPD and published reports.

From the Daily News:

The Miami woman was thrown over the taxi and ended up crumpled on the road in front of high-end clothing stores like Barneys and Calvin Klein, witnesses said.

“It smashed her and she went airborne and went over the back (of the car),” said Frank Semmel, 39, a retired New Jersey policeman.

“A street vendor who didn’t give his name said the cabby had ‘made a fast turn’ before he struck the unidentified woman in the crosswalk,” the Post reported.

“I heard screeching of the brakes,” another witness told the Post. “People started screaming. I turned around and there was a woman on the floor.”

Sterental, who lived in Bal Harbour, Florida, died at New York Presbyterian/Weill Cornell Medical Center, NYPD told Streetsblog.

Police and press accounts of the crash suggest Sterental was crossing with the right of way and the cab driver was traveling at an unsafe speed. But as of this morning, NYPD and Vance had filed no charges against the driver, whose name was withheld by police.

Cab drivers turn onto 60th Street from left turn lane on Madison Avenue. Image: Google Maps

Cab drivers turn onto 60th Street from left turn lane on Madison Avenue. Image: Google Maps

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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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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.

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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.

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