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Posts from the Unlicensed Driving Category

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DA Ken Thompson Still Hasn’t Charged Driver for December Sidewalk Killing

The allegedly unlicensed driver who killed Victoria Nicodemus on the sidewalk faces a maximum penalty of 30 days in jail and a $500 fine. Her family says Brooklyn DA Ken Thompson seems OK with that.

The allegedly unlicensed driver who killed Victoria Nicodemus on the sidewalk faces a maximum penalty of 30 days in jail and a $500 fine. Her family says Brooklyn DA Ken Thompson seems OK with that.

Brooklyn District Attorney Ken Thompson charged the driver who killed Victoria Nicodemus on a Fort Greene sidewalk with unlicensed driving, but did not file charges for taking the victim’s life. Six months after the crash, Nicodemus’s family says the DA is dragging his feet on the case.

Marlon Sewell hit Nicodemus, her boyfriend, and another person with a Chevrolet SUV on the afternoon of December 6, 2015, as the victims walked in front of 694 Fulton Street, near South Portland Avenue. Police told WPIX Sewell was “zooming” down the street. An NYPD statement said Sewell swerved onto the sidewalk to avoid hitting a second vehicle, which witnesses said was a bus.

“The bus stop was right there. He didn’t realize it was stopping,” a witness told the Daily News. “The driver went up on the curb trying to avoid it. He was going pretty fast.”

Victoria Nicodemus was 30 years old.

The current charges against Sewell are aggravated unlicensed operation of a motor vehicle, an unclassified misdemeanor, and operating a motor vehicle while unlicensed, a traffic infraction. For crashing on a sidewalk reportedly at a high rate of speed, killing one person and injuring two others, allegedly while driving without a valid license, Sewell faces a maximum penalty of 30 days in jail and a $500 fine. That’s the same penalty an unlicensed driver would face for making a turn without signaling.

“It seems to my family that they’re really beginning to be OK with just standing pat on the misdemeanor charges, and for us that’s unacceptable,” says Hank Miller, Nicodemus’s brother.

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Sidewalk Killer Free to Drive Thanks to Judge and Brooklyn DA Ken Thompson

The man who killed Victoria Nicodemus on a Brooklyn sidewalk kept his driver’s license because, according to the judge, DA Ken Thompson did not charge him with reckless driving.

The man who killed Victoria Nicodemus on a Brooklyn sidewalk kept his driver’s license because, according to the judge, DA Ken Thompson did not charge him with reckless driving.

A judge refused to take the license of the motorist who killed Victoria Nicodemus on a Brooklyn sidewalk because, she said, District Attorney Ken Thompson filed no charges for reckless driving.

Marlon Sewell was allegedly driving without a valid license when he hit Nicodemus and two other people on Fulton Street on December 6, injuring Nicodemus’s boyfriend and the third victim. Thompson filed a top charge of unlicensed aggravated operation, a low-level misdemeanor and the same charge that police and prosecutors apply when an unlicensed driver commits a traffic infraction.

The DA did not charge Sewell, who reportedly has a history of driving without regard for others’ safety, for the act of killing Nicodemus and injuring the other victims — declining even to file charges under the Right of Way Law.

In December Judge Marguerite Dougherty denied a request from Thompson’s office to hold Sewell on bail based on the charges against him. “Without additional charges I see no reason to set bail,” Dougherty said last month. On Monday Dougherty told prosecutors “they had not presented an argument that would revoke … Sewell’s driver’s license,” according to DNAinfo.

“There are no allegations of the defendant recklessly driving,” said Dougherty.

She added that Sewell’s license had only been suspended at the time due to lack of child support and has since been restored.

Prosecutors told Dougherty that video evidence indicates Sewell had no “innocent reason to drive over the curb,” but DNAinfo reported that no additional charges have been filed because Sewell claimed he was “lightheaded” due to a carbon monoxide leak in his car.

Dougherty, who was appointed by Mayor Bill de Blasio in 2015, said that since Sewell’s SUV was impounded there was no reason to prevent him from being able to drive legally. “It negates the necessity,” she said.

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4 Times DA Ken Thompson Pursued Token Charges Against Unlicensed Killers

It appears Victoria Nicodemus is another innocent pedestrian whose life will be devalued by Brooklyn District Attorney Ken Thompson.

It appears Victoria Nicodemus is another innocent pedestrian whose life will be devalued by Brooklyn District Attorney Ken Thompson.

Police and prosecutors say Marlon Sewell was driving without a valid license when he struck Victoria Nicodemus and two other people on a Fort Greene sidewalk last Sunday, killing Nicodemus and injuring her boyfriend and the third victim. According to the Post and DNAinfo, Sewell was also arrested for unlicensed driving last March, and in November was summonsed for speeding in school zones three times in one week.

On the rare occasions when New York City district attorneys charge sober drivers for killing people, the defendants are usually accused of especially brazen acts of negligence or have a history of reckless driving. It seems Sewell meets that criteria, but according to court records, Brooklyn District Attorney Ken Thompson charged him only with aggravated unlicensed operation of a motor vehicle and operating a motor vehicle while unlicensed — an unclassified misdemeanor and a traffic infraction.

Compared to other DAs, Thompson is seen as a leader among district attorneys when it comes to Vision Zero. Yet for an allegedly unlicensed defendant who mounted a sidewalk and killed a 30-year-old woman as she shopped for Christmas decorations, the Brooklyn DA feels a maximum sentence of $500 and 30 days in jail is appropriate. This is the same penalty an unlicensed driver would face for making a turn without signaling. Maximum penalties, however, are virtually unheard of. Plea deals for aggravated unlicensed operation usually result in a fine and no jail time, even when a driver kills someone.

Since taking office in 2014, Thompson has applied or accepted pleas for a top charge of unlicensed operation after several crashes that took victims’ lives, including cases he inherited from former DA Charles Hynes.

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Victoria Nicodemus, 14th Person Killed by Curb-Jumping NYC Driver in 2015

The blue dot is the approximate location of the crash that killed Victoria Nicodemus. The red dot is where a curb-jumping driver killed 9-year-old Lucian Merryweather in 2013. Both crashes happened in the 88th Precinct, where cops issue an average of about 10 speeding tickets a month. Victoria Nicodemus photo via Daily News. Map image: DOT Vision Zero View

The blue dot is the approximate location where a driver fatally struck Victoria Nicodemus on a sidewalk in Fort Greene. The red dot is where a curb-jumping driver killed 9-year-old Lucian Merryweather in 2013. Both crashes happened in the 88th Precinct, where cops issue an average of about 10 speeding tickets a month. Map: DOT Vision Zero View

An alleged unlicensed driver who witnesses say was traveling at a high rate of speed struck and killed a woman on a sidewalk in Fort Greene yesterday.

Marlon Sewell, 39, drove a Chevrolet SUV over the curb at 694 Fulton Street, near South Portland Avenue, at around 5:30 p.m. Sunday, striking 30-year-old Victoria Nicodemus, her 37-year-old boyfriend, and a 75-year-old man, according to reports.

Police told WPIX Sewell was “zooming” down the street. Witnesses said Sewell drove onto the sidewalk because he was driving too fast to stop for a B25 bus in front of him.

From the Daily News:

“The bus stop was right there. He didn’t realize it was stopping,” said witness Anthony Singh, 22, who works on the corner. “The driver went up on the curb trying to avoid it. He was going pretty fast.”

“She lost a lot of blood,” he said. “Her body was really pale. They were pumping her chest while they took her away on the gurney.”

“This place was a madhouse,” said Byron Logan, 72, who was buying lottery tickets when the accident happened. “I’ve never seen so many people screaming.”

Nicodemus, an art curator who lived in Brooklyn Heights, died at Brooklyn Hospital Center. Her boyfriend and the third victim were hospitalized.

NYPD charged Sewell with aggravated unlicensed operation and driving without insurance. Aggravated unlicensed operation, a low-level misdemeanor, is the same charge police and prosecutors apply when an unlicensed driver commits a traffic infraction. It carries a maximum penalty of a $500 fine and 30 days in jail, though plea deals usually result in a fine and no jail time, even when a driver kills someone. Sewell was not charged by police or District Attorney Ken Thompson for killing Nicodemus and injuring the other victims.

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Richard Brown: Probation for Accused Unlicensed Hit-and-Run Killer

A driver charged with felony hit-and-run and unlicensed driving got probation and a few days of community service for a crash that killed a pedestrian, as a result of a plea deal with Queens District Attorney Richard Brown.

richardbrown

Queens DA Richard Brown

On the evening of February 22, the unidentified victim was crossing at 76th Street and Woodside Avenue, in a crosswalk and with the right of way, when Valentine Gonzalez hit her with a box truck while turning left. NYPD told Gothamist and WPIX Gonzalez fled the scene and was apprehended a short distance away.

According to court records, the top charge against Gonzalez was leaving the scene of an accident resulting in injury, a class D felony with penalties ranging from probation to seven years in jail. He was also charged with operating a motor vehicle while unlicensed, operating an unregistered vehicle, and a violation of code Section 19-190 — the Right of Way Law — which is an unclassified misdemeanor.

In September Brown allowed Gonzalez to plead guilty to the Right of Way Law charge. The law carries a fine of up to $250 and a maximum sentence of 30 days in jail. Court records indicate Gonzalez was jailed for four months after his arrest.

Earlier this month Gonzalez was sentenced to three years probation and five days of community service, according to court records. Gonzalez was also fined $88. There is no indication that the court took action against Gonzalez’s driving privileges.

Richard Brown, whose leniency toward drivers who kill and injure people is well-documented, was recently elected to another term after running unopposed.

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Richard Brown: Misdemeanor Plea for Accused Unlicensed Hit-and-Run Killer

In a deal with District Attorney Richard Brown, a driver charged with felony hit-and-run and driving without a license after fatally striking a Queens pedestrian has pled guilty to violating the city’s Right of Way Law.

richardbrown

Queens DA Richard Brown

Last February Valentine Gonzalez hit an unidentified woman with a box truck while turning left at Woodside Avenue and 76th Street, NYPD told Gothamist and WPIX. “Gonzalez fled, but was stopped by police a few blocks away,” Gothamist reported.

The victim died at the scene.

According to court records the top charge against Gonzalez was leaving the scene of an accident resulting in injury, a class D felony with potential sentences ranging from probation to seven years in jail. He was also charged with violating the Right of Way Law — an unclassified misdemeanor — operating a motor vehicle while unlicensed, and operating an unregistered vehicle.

On Monday Gonzalez pled guilty to the Right of Way Law charge, court records say. The law carries a fine of up to $250 and a maximum sentence of 30 days in jail. Court records indicate Gonzalez was in jail for four months after his arrest, then made bail.

Richard Brown routinely pleads down cases against drivers who kill people, rather than taking defendants to trial, to the extent that he files charges in the first place. Last week he allowed a repeat drunk driver who was charged with 10 felonies for killing a man to plead guilty to two low-level felony counts.

Gonzalez is scheduled to be sentenced in November.

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Unlicensed Dump Truck Driver Kills Senior Near Bowery and Canal

A dangerous intersection awaiting a safety fix. A precinct that lags on street safety. And a driver who could have faced stronger charges if Albany had taken action. Image: WNBC

The driver of this truck was operating with a suspended license when he struck and killed Ka Chor Yau last week. Image: WNBC

On Friday afternoon, a dump truck driver with a suspended license struck and killed 83-year-old Ka Chor Yau, who was crossing a deadly intersection at the base of the Manhattan Bridge in Chinatown. The same intersection is due to receive pedestrian safety improvements this summer.

The driver, 24-year-old Maykel Felix-Tejada of Paterson, New Jersey, was arrested for aggravated unlicensed operation, the standard charge for driving without a valid license. He was not charged for any crimes related to Yau’s death. Police said Yau was outside the crosswalk and did not have the right of way.

A bill to toughen penalties for unlicensed drivers who injure or kill passed the State Senate earlier this year but did not clear the Assembly. Under the bill, these drivers would face felony charges for vehicular assault or vehicular homicide.

The intersection where Yau was killed is slated to receive upgrades that would make it safer for pedestrians to cross near the mouth of the Manhattan Bridge. The plan to add a crosswalk, traffic signal, and curb extensions has received the support of Manhattan Community Board 3, and DOT says implementation is slated to begin in early August, with completion in October.

Council Member Margaret Chin, who represents the area, has regularly spoken out about pedestrian deaths on Canal Street. Her bill requiring DOT to study bicycle and pedestrian safety along truck routes, including Canal Street, was signed by Mayor Bill de Blasio last month.

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Gianaris: Time for Albany to Stiffen Penalties for Unlicensed Drivers Who Kill

This morning State Senator Michael Gianaris again called on state lawmakers to pass legislation that would stiffen penalties for motorists who hurt and kill people while driving without a valid license.

Joined by State Senator Toby Stavisky, Assembly Member Francisco Moya, and reps from Transportation Alternatives and Make Queens Safer, Gianaris spoke to the press at Woodside Avenue and 76th Street in Elmhurst, where alleged unlicensed driver Valentine Gonzalez killed an unidentified woman last Sunday.

“How many deaths at the hands of unauthorized drivers will it take before we make sure the punishment fits the crime in these cases?” said Gianaris, according to a press release. “It is heartbreaking to see one family after another suffer the loss of a loved one because irresponsible drivers get behind the wheel when they shouldn’t.”

Gianaris introduced a bill last year to make it a class E felony to cause serious injury or death while driving without a valid license, as long as the license was suspended or revoked for traffic offenses. A second Gianaris bill would require drivers with suspended or revoked licenses to surrender their vehicle registrations and license plates. Margaret Markey is the primary sponsor of both bills in the Assembly.

Gianaris brought the bills after an unlicensed truck driver killed 8-year-old Noshat Nahian on Northern Boulevard in Woodside in December 2013. Weeks later an unlicensed driver killed senior Angela Hurtado in Maspeth. Both drivers were charged with aggravated unlicensed operation. The driver who killed Hurtado pled guilty and was fined $500.

NYPD and city district attorneys typically charge aggravated unlicensed operation, a low-level misdemeanor, when an unlicensed driver kills someone. This offense carries a maximum penalty of a $500 fine and 30 days in jail, though jail sentences are all but unheard of.

Aggravated unlicensed operation is the same charge that police and prosecutors apply when an unlicensed driver commits a traffic infraction. In practice this means that an unlicensed driver who kills a senior in a crosswalk faces the same penalty as an unlicensed driver who turns without signaling.

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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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