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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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Pulaski Bridge Bike Path Now Scheduled to Open by End of 2015

This time next year, cyclists and pedestrians will no longer share the same cramped path on the Pulaski Bridge. Image: DOT [PDF]

This time next year, cyclists and pedestrians will no longer share the same cramped path on the Pulaski Bridge. Last year, DOT said the project would be done by now. Image: DOT [PDF]

About a year behind schedule, a major project to improve walking and biking between Queens and Brooklyn is set to move forward in 2015.

The project, originally scheduled to be complete this year, will convert one southbound car lane on the Pulaski Bridge into a protected bike lane, giving more breathing room to pedestrians on what is now a shared-use path and calming traffic headed toward deadly McGuinness Boulevard in Brooklyn. Now that a construction contract has been signed and a design is in place [PDF], DOT told an audience in Long Island City last night that the new pathway will open in 2015, but maybe not until the end of the year.

In attendance was Assembly Member Joe Lentol, who urged DOT in late 2012 to study a protected bike lane on the Pulaski. “I’m here because I want to see this project through to its conclusion just like you do,” he told the audience. “I’m very excited seeing this started. We’d hoped that it would’ve been completed by now.”

When the project was first announced at the end of 2013, DOT staff said construction would take a few months and it would open by late 2014. And last month, Deputy Commissioner for Bridges Bob Collyer told the City Council that he anticipated the project would be complete in the spring. But now, with final approvals in hand, the latest word from DOT is that the contractor will start the job in April and wrap later in the year, no sooner than October. The contractor is required to finish work by the end of 2015.

Read more…

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Ken Thompson Secures Manslaughter Conviction for Crash That Killed Driver

In an unusual instance of a sober driver facing penalties for causing a death, Brooklyn District Attorney Ken Thompson secured a manslaughter conviction for a crash that killed a second motorist.

Brooklyn DA Ken Thompson. Image: ##http://www.ny1.com/content/politics/inside_city_hall/190291/ny1-online--brooklyn-da-candidate-thompson-responds-to-attacks##NY1##

Brooklyn DA Ken Thompson. Image: NY1

Last January, days after Thompson took office, Jermaine Filmore ran a red light on Eastern Parkway and hit two other vehicles, according to WABC. One of those cars hit a fourth car and then caught fire. The driver of the vehicle that caught fire, a Lincoln Town Car, was killed.

Thompson filed a host of charges, and this week Filmore was convicted at trial of manslaughter, assault, reckless endangerment, reckless driving, speeding, and running a red light, according to court records. Manslaughter, the top charge, is a class C felony, with possible sentences ranging from probation to 15 years in prison.

It is extremely rare for a city district attorney to file a homicide charge against a motorist involved in a fatal crash unless the driver is also charged with DWI or DWAI. As Streetsblog has reported before, prosecutors seem more inclined to pursue serious charges when a driver’s recklessness is highly visible. But it’s virtually impossible to discern which crashes might merit a vigorous prosecution and which might result in a tap on the wrist or, as is virtually always the case, no criminal charges.

Motorists have killed over three dozen Brooklyn pedestrians and cyclists since Thompson succeeded former DA Charles Hynes, and his office is known to have filed homicide charges in only one case, against the man accused of the hit-and-run crash that killed 12-year-old Joie Sellers, and maimed her sister, last July.

Filmore is scheduled to be sentenced in January.

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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.

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Vision Zero Hasn’t Changed NYPD Practice of Blaming Deceased Crash Victims

Based on press leaks it seems NYPD still presumes the victim is at fault in most serious crashes. Image: News 12

Based on press leaks it seems NYPD still presumes the victim is at fault in most serious crashes. Image: News 12

Last week an MTA bus driver crushed a pedestrian to death in Mott Haven. By all accounts the victim, walking with a cane, was in the crosswalk at Willis Avenue and E. 147th Street when the driver ran him over while turning left.

If reports are correct the bus driver should be subject to charges under Section 19-190, the new city law that makes it a misdemeanor for drivers to hurt or kill pedestrians who have the right of way. Yet before police cleared the crash scene, NYPD exculpated the driver in the press.

“At this point, they don’t believe there was anything criminal involved,” said ABC 7 reporter Lisa Colagrossi, “just that it was a tragic accident.”

It’s possible police may eventually file charges for the Bronx crash — the one time NYPD is reported to have applied Section 19-190 so far, in the case of the cab driver who killed Silvia Gallo on the Upper East Side, charges didn’t come until weeks later. But 10 months into Mayor de Blasio’s Vision Zero initiative it’s still standard operating procedure for NYPD to declare “no criminality suspected” before investigators have taken down the barricade tape.

NYPD also continues to blame victims for their own deaths. On Monday at around 7:19 p.m., the driver of a Ford SUV fatally struck pedestrian Cristina Alonso in Dyker Heights. Other than the basics like the victim’s name, the driver’s age and vehicle make, and the time and location of the crash, the only information released by police was that Alonso was not in the crosswalk.

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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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Point-to-Point Car-Share Service Car2Go Getting Ready to Launch in Brooklyn

Car2Go, a subsidiary of automotive giant Daimler AG, is hiring staff and preparing to launch in Brooklyn after more than a year of negotiations with the city, bringing point-to-point car-share to NYC for the first time. Car2Go will also be the first car-share company in the city to store its vehicles on the street, though the specifics of the arrangement with the city, such as the price the company will pay for curb access, have yet to be made public.

Car2Go, which sells point-to-point car-share by the minute, appears to be gearing up for a Brooklyn launch. Photo: Elliott Brown/Flick

Car2Go appears almost ready for a Brooklyn launch after more than a year of negotiations with DOT. Photo: ElliottBrown/Flickr

What differentiates Car2Go from other car-share services in New York is that users can make one-way trips. (Zipcar, a competitor, is getting into the one-way car-share game in other cities, but does not currently offer the service here.) The added flexibility could entice more car-owning New Yorkers to give up their private vehicles, though it’s tough to say whether this effect will outweigh the additional driving trips made by households without cars, which are the majority in NYC.

The other intriguing aspect of Car2Go is that its fleet of Smart Cars will be stored on the street. To close out a one-way trip, members must park on the street anywhere within the Car2Go service area. These zones are usually quite large: The company says it’s looking to cover Brooklyn before expanding to other boroughs. (It’s not clear whether the service will ever come to Manhattan, where transit coverage is superb, cabs are plentiful, and competition for curb space is most intense.)

Since the vehicles are located curbside, the company has to work out a host of issues with the city. ”New York is not unique,” said Car2Go business development manager Josh Moskowitz. ”There’s street sweeping, there are meters, there are rush hour restrictions.” Car2Go operates in 15 cities in the U.S. and Canada, as well as 12 European cities. In each, the company reached an agreement with the local government and prohibits users from parking 24 hours before street sweeping or in an area with rush hour restrictions.

One of the downsides to these agreements is that they mask the cost of metered spaces from customers, who are allowed to park in those spaces as if they are free because Car2Go compensates cities for foregone meter revenue. A Car2Go customer can end a one-way trip by parking in a metered spot without paying extra. While another customer might soon drive that car away, the practice still raises questions about how Car2Go vehicles will affect curb occupancy and traffic congestion in commercial areas.

Car2Go has been in on-again, off-again negotiations with DOT for more than a year. Although there’s no official word of a deal, the company has started the launch process by hiring a marketing manager and a fleet supervisor in Brooklyn.

So when will Car2Go launch? “We don’t have any rough timelines right now,” Moskowitz said. “We’re moving closer.”

Update: “DOT has had preliminary conversations with Car2Go regarding their service,” said a DOT spokesperson. “There have been no formal negotiations and no agreement has been reached between Car2Go and DOT for a Car2Go launch within New York City.”

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DA Thompson Plea Deal: Serial Unlicensed Driver Fined $250 for Deadly Crash

A serial unlicensed driver who killed a pedestrian will pay a few hundred dollars in fines pursuant to a plea deal with Brooklyn District Attorney Ken Thompson.

The recidivist unlicensed driver who killed pedestrian Nicole Detweiler was fined $250 after a plea deal from Brooklyn DA Ken Thompson. Image: ##http://www.ny1.com/content/politics/inside_city_hall/190291/ny1-online--brooklyn-da-candidate-thompson-responds-to-attacks##NY1##

The recidivist unlicensed driver who killed pedestrian Nicole Detweiler was fined $250 after a plea deal from Brooklyn DA Ken Thompson. Image: NY1

Two motorists hit 32-year-old Nicole Detweiler as she crossed McGuinness Boulevard at Nassau Avenue in the early evening hours of December 29, 2013. She died at the scene.

According to DNAinfo, the second driver to strike Detweiler was Roberto Amador, then 35, who had been arrested less than a week earlier for driving with a suspended license when he collided with a cab on the Upper West Side. His license was suspended last May, the report said, because he didn’t pay “a recurring fee drivers pay the DMV for various infractions.” DMV imposed the fee after Amador accumulated six license points between December 2011 and May 2013, DNAinfo reported.

For the first offense, Amador was charged by Manhattan DA Cy Vance with second degree unlicensed operation, 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.

After the fatal Brooklyn crash former DA Charles Hynes issued a top charge of third degree aggravated unlicensed operation — a less severe charge than the one applied by Vance — despite Amador’s pending unlicensed driving charge. Hynes did not charge Amador for killing Detweiler. Thompson, who defeated Hynes in last year’s election, didn’t upgrade the charge, which carries a maximum penalty of 30 days in jail and a $500 fine.

Aggravated unlicensed operation tends to be the default top charge against unlicensed drivers who kill New York City pedestrians. It’s also applied against unlicensed drivers who commit non-criminal traffic infractions. State lawmakers failed this year to pass legislation to make it a felony to kill or injure someone while driving without a license.

In July, Amador pled guilty to the Manhattan charge and the court imposed a $200 fine, according to court records. On Tuesday, he pled guilty to aggravated unlicensed operation in the third degree for the crash that killed Nicole Detweiler. He was fined $250 and given a one-year conditional discharge.

The message from prosecutors is this: Don’t bother with a drivers license in New York City. So long as you aren’t drunk, the justice system will barely inconvenience you — even if you kill someone.

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No Charges for Motorist Who Killed Senior Margherita Nanfro in Bath Beach

Would daylighting the intersection of Rutherford Place and Bay 16th Street have prevented the crash that killed Margherita Nanfro? With cursory media coverage and NYPD keeping crash reports hidden from view, the public may never know. Image: Google Maps

Would daylighting the intersection of Rutherford Place and Bay 16th Street have prevented the crash that killed Margherita Nanfro? On this and other questions, the public is left to speculate, thanks to scant information available from NYPD. Image: Google Maps

A Brooklyn driver who killed a senior by crashing into her on a neighborhood street in broad daylight was not charged by NYPD, though reports suggest the victim had the right of way.

The 37-year-old motorist drove into Margherita Nanfro as she crossed Rutherford Place at Bay 16th Street in Bath Beach at around 12:20 p.m. on July 25, according to the Home Reporter. The driver, in a Honda sedan, was westbound on Rutherford Place, a single-lane, one-way street lined with residences. Nanfro was pronounced dead at Lutheran Medical Center.

Photos published by Brooklyn Daily indicate Nanfro was struck with enough force to throw her onto the windshield. Photos show the car stopped on Rutherford Place about halfway between Bay 16th Street and 17th Avenue, the next intersection.

Though reports are vague, if Nanfro was crossing Rutherford Place at the intersection, she would have been in an unmarked crosswalk and likely would have had the right of way. Other crucial details are also missing. How, in the middle of the day, did the driver fail to see an 80-year-old crossing the street in front of her? How fast was she going in order to throw the victim onto the hood of the car? Did NYPD crash investigators address these questions? The public doesn’t know, and probably never will unless the crash report is released pursuant to a freedom of information request.

Though several outlets say the NYPD investigation is “ongoing,” the Daily News reported that according to police the driver “did not face criminal charges.”

Beginning next month, it will be a crime for a NYC motorist to strike a pedestrian or cyclist who has the right of way. But unless NYPD makes drastic changes to the way the department approaches crashes, Intro 238 will be another traffic safety law that goes all but unenforced.

This fatal crash occurred in the 62nd Precinct. To voice your concerns about neighborhood traffic safety directly to Captain William G. Taylor, the commanding officer, go to the next precinct community council meeting. The 62nd Precinct council meetings happen at 7:30 p.m. on the third Tuesday of the month at the precinct, located at 1925 Bath Avenue. Call 718-236-2501 for information.

The City Council district where Margherita Nanfro was killed is represented by Vincent Gentile. To encourage Gentile to take action to improve street safety in his district and citywide, contact him at 212-788-7363, vgentile@council.nyc.gov or @VGentile43.

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Matthew Brenner, 29, Killed Earlier This Month on Sands Street

Matthew Brenner, who was struck by a motorist on Sands Street at an on-ramp to the BQE near the Manhattan Bridge bike path on July 6, died of his injuries soon after, his family and friends report.

Matt Brenner. Photo courtesy Leslie Newman.

Matt Brenner. Photo courtesy Leslie Newman.

“We’re still just kind of reeling from all this,” said Leslie Newman, Brenner’s half-sister. “We don’t really know much. We don’t have a police report yet. The police did not try and call my stepmom or any of us.”

NYPD says it received a call at 9:35 p.m. on Sunday, July 6. Brenner, 29, was struck by a 25-year-old woman driving a 2010 Volkswagen Tiguan as she pulled onto a ramp for the northbound Brooklyn Queens Expressway from Sands Street. She stayed on the scene; he was transported to Bellevue Hospital in critical condition with head trauma. Today, police said the investigation remains open and no charges have been filed.

Police say Brenner was riding against traffic on the eastbound side of Sands Street when he was struck. “It sounds surprising. There’s well-defined bike lanes in that area,” said Patrick Malloy, one of Brenner’s friends. “He was a well-versed urban cyclist. He wouldn’t try something like that.”

“The impact that I saw on the windshield of the car was on the far edge of the passenger side, so he was really close to the barrier,” said Braden King, who passed the crash scene on his way home just after 10 p.m. and has helped connect the family to resources in New York since then. “It’s obvious that the car was traveling pretty quickly,” he said. “It’s an on-ramp to the BQE.”

Malloy had heard from Brenner’s mother that he could have been walking his bike across the ramp entrance from the sidewalk and was attempting to get over the barrier separating the road from the Manhattan Bridge bike path when he was struck. The south side of Sands lacks crosswalks at the BQE ramps, and there is no sidewalk between the bike path railing and the roadbed. DOT traffic cameras are positioned on this stretch of roadway and would likely have captured the collision. The family has hired an attorney to investigate the crash.

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