Driver arrested for ” failure to yield to ped”http://t.co/PaZU5zPzZ7
— NYPD Highway (@NYPDHighway) October 11, 2014
Manhattan District Attorney Cy Vance dropped a Right of Way Law charge against a truck driver who killed a senior on the Upper East Side.
On the afternoon of October 10, 2014, Victor Hernandez hit 86-year-old Peter Romano with a Coca-Cola truck while making a right turn at the corner of Third Avenue and E. 96th Street, according to reports.
“The driver wanted to keep going, people had to tell him to stop,” witness Edwin Rios, told the Post. “People were yelling please stop, please stop.”
Vance’s office conducted a 15-month investigation of the crash. Last week, prosecutors dropped their case against Hernandez without taking it to trial.
According to Vance’s office, prosecutors said in court that Hernandez was not using his phone at the time of the crash and was not impaired. Prosecutors told the court that Hernandez stopped at the light and that several people crossed in front of his truck before he proceeded to turn.
In explaining their decision to drop the case, prosecutors said they believed Hernandez’s visibility was hindered due to the truck’s design and because the victim was 5’5” tall. Prosecutors noted that Hernandez did not leave the scene, and said they could not conclude beyond a reasonable doubt that he was not exercising due care when he ran over Romano.