Skip to content

Posts from the "Cy Vance" Category

24 Comments

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.

10 Comments

Does Cy Vance Use His Surveillance Camera Bank to Fight Traffic Violence?

In New York City, if you hit someone with a motor vehicle and keep driving, odds are you will get away with it. NYPD made arrests in just 25 percent of fatal hit-and-run crashes in 2012, according to Transportation Alternatives. And in many cases where the driver is eventually identified, a simple “I didn’t see her” is all it takes to satisfy prosecutors and police.

A hit-and-run truck driver nearly killed Wendy Ruther and her 3-year-old son Justin. Is Cy Vance putting his lauded video surveillance system to work on the case? Photo via DNAinfo

A hit-and-run truck driver nearly killed Wendy Ruther and her 3-year-old son Justin. Is Cy Vance putting his lauded video surveillance system to work on the case? Photo via DNAinfo

On December 1, a truck driver hit Wendy Ruther and nearly ran over her young son, Justin, as the pair walked to Justin’s preschool. The two were in a crosswalk at W. 65th Street and Broadway, DNAinfo reported, when the driver made a right turn, hit them both, and continued south on Broadway. CBS reports that NYPD has yet to make an arrest, and Wendy Ruther remains hospitalized with serious injuries.

“She recalls feeling the three wheels of the truck going over her,” said the woman’s husband, Aldo Lombardi.

The hit-and-run accident, steps away from Lincoln Center, a week ago Monday nearly killed her.

“She still cannot believe she is alive,” Aldo Lombardi said.

Wendy Lombardi has a crushed leg, a fractured pelvis, and a deep gash near her eye. The injuries came as she managed to save the life of her 3-year-old son Justin.

“He recalls being hit by a big wheel,” Aldo Lombardi said. “Wendy managed to push him off of danger.”

CBS says Aldo Lombardi ”was told that the Lincoln Center security cameras at the scene were pointing the wrong way,” and “no one got a close look” at the driver. “I would ask him to come forward,” Lombardi said. “I would like him not to be on the streets.”

It seems that in Manhattan, at least, NYPD and vehicular crimes prosecutors have a powerful tool to help catch hit-and-run drivers, and collect evidence for other traffic crash cases. The recent New York Times profile of Manhattan District Attorney Cy Vance described a web of video surveillance cameras spanning the borough, with access at investigators’ fingertips.

Read more…

7 Comments

Cy Vance Files Homicide Charge in Lower East Side Pedestrian Death

Manhattan District Attorney Cy Vance filed a homicide charge against a driver accused of killing a pedestrian on the Lower East Side in November.

On the evening of November 24, the driver of a BMW sedan hit 57-year-old Robert Perry on the Bowery near Rivington Street, and kept driving until he hit a fire hydrant a block away, according to DNAinfo. Perry reportedly often stayed at the Bowery Mission, which is near the site of the crash.

NYPD arrested Danny Lin, 24, and charged him with homicide and leaving the scene. According to court records, criminally negligent homicide is currently the sole charge against him.

This crash appears to follow a pattern of New York City district attorneys bringing homicide charges against motorists accused of causing death through acts of especially brazen recklessness. According to crash data compiled by Streetsblog, in 2013 city DAs filed homicide charges only twice — once in Brooklyn, once in Queens — against drivers who killed pedestrians or cyclists and were not also charged for other aggravating circumstances, including driving drunk, leaving the scene, striking the victim intentionally, or fleeing police after committing another crime. 

A few hours after Perry was killed, a livery cab driver fatally struck cyclist Shan Zheng at Pitt Street at E. Houston Street. Neither NYPD nor Vance filed charges against the cab driver. Vance did not bring criminal charges against the cab driver who struck and killed 9-year-old Cooper Stock as he and his father crossed the street with the right of way. These are typical outcomes for crashes that result in the death of a New York City cyclist or pedestrian.

In New York State, criminally negligent homicide is a class E felony, the least severe felony category, with sentences ranging from probation to four years imprisonment.

Danny Lin is free on $10,000 bond, court records say, and is next scheduled to appear in court in February.

30 Comments

Dana Lerner: Cy Vance Botched the Token Case Against My Son’s Killer

The cab driver who killed Cooper Stock is scheduled to be back in court in two months, thanks to what Stock’s mother Dana Lerner termed “inept” handling of the case by Manhattan District Attorney Cy Vance’s office.

Meanwhile, Koffi Komlani’s apparent defense — that weather was to blame for the crash — is the same excuse Manhattan prosecutors gave Lerner for not pursuing a criminal case.

Cooper Stock

Cooper Stock

Komlani went before a judge this morning to answer a summons for careless driving, the only charge issued to him after the January crash. Though Komlani hit both Cooper and his father, Richard Stock, as they crossed an Upper West Side street in the crosswalk with the right of way, Vance filed no criminal charges.

Today prosecutors added a summons for failure to yield. Komlani is fighting the tickets, so the case was continued. By the time Komlani is back in court to contest the two traffic summonses, it will have been 13 months since the crash.

Lerner released a statement today, via Transportation Alternatives:

Obviously a failure to yield violation should have been issued to the driver who killed my son, Cooper. It is unbelievable that the ticket was not presented to the driver at the scene when he killed Cooper. My persistence has led to heightened attention to the need for justice in this case — it should not be up to the loved ones of victims to ensure that the justice system does its job. Now my family must endure even more heartache as we wait for February when the driver will be in court again related to this long-overdue charge. Both the NYPD and the district attorney, at the very least, owe me a public explanation for this wrong-doing.

“They’re just so inept,” Lerner told the Post, referring to Vance’s office.

Careless driving carries a maximum penalty of up to 15 days in jail, a fine of up to $750, a license suspension of up to six months, and a drivers’ ed course. The minimum is no penalty. Outside the courtroom, Komlani’s attorney Raymond Colon said Vance has offered Komlani a license suspension and a fine.

Colon said there is video of the crash, but neither he nor Komlani have seen it. ”It was dark,” Colon said. “The weather may have been a little inclement, and there may have been a lot of traffic.”

Lerner told Streetsblog during an interview last summer that, in one of their early meetings, a Vance ADA said it would be difficult to make a case against Komlani because “it was raining” at the time of the crash.

16 Comments

For Traffic Violence Victims, Cy Vance’s “Moneyball” Still a Field of Dreams

You won’t find much discussion of traffic violence in Chip Brown’s 5,500-word encomium to Manhattan District Attorney Cy Vance, published Wednesday by the New York Times Magazine. Other than noting that dismissals of drunk driving cases are down, according to Vance’s office, Brown doesn’t broach the subject at all.

Despite advances in other areas, there is no evidence that Vance has applied his lauded moon shot ethos to traffic crime. Photo: Brad Aaron

Despite advances in other areas, there is no evidence that Manhattan District Attorney Vance, now in his second term, has applied his moon shot ethos to traffic crime. Photo: Brad Aaron

To rein in gang violence and other street-level crime, Brown writes, the Vance team maintains close contact with NYPD, keeps a database of public and private surveillance cameras to track suspects, and even investigates unreported shootings through social media. ”Their pole star wasn’t convictions but safety, a goal as readily attained by preventing crime as by prosecuting it,” writes Brown.

“We ask ourselves, Are we doing everything possible to reduce crime?” said Vance hire Chauncey Parker, whose job, according to Brown, is “dreaming up ideas, no matter how outlandish, that might reduce crime.”

It’s telling that while diagramming the gee-whiz mechanics behind Vance’s “intelligence-driven” approach to crime fighting, no one from the Vance camp highlights any data-centric techniques the DA’s office has applied to reducing traffic crashes in Manhattan, which still result in thousands of injuries and deaths per year.

Fortunately, a few paragraphs from another story published yesterday, Jill Abramson’s examination of the suffering and grief caused by reckless drivers, and how it is compounded by the failure of New York City law enforcers to seek justice for victims, fill the gap in Brown’s piece nicely.

Abramson cites the death of 9-year-old Cooper Stock, killed last January by a cab driver while in a crosswalk with his father, as one example of a deadly crash that resulted in no charges from Vance.

The most frequent complaint voiced by the families of dead pedestrians is the reluctance of the city’s D.A.s, especially Manhattan’s Cyrus Vance, to file criminal charges against drivers. “In the Cooper Stock case they could have at least suspended the driver’s license of the cab driver,” said attorney Matthew Dawes, “they just don’t have any cojones.”

This is surprising, because Vance made a campaign vow to abrogate the Rule of Two and to be more aggressive. But early in his tenure, his office had an embarrassing defeat in the case of the death of a 68-year-old woman who was killed by a driver while she was bicycling in Chelsea with her husband over the Fourth of July weekend in 2011.

Her name was Marilyn Dershowitz and she was the sister-in-law of famed law professor Alan Dershowitz. The driver, postal worker Ian Clement, had initially left the scene of the crash. He was acquitted by a jury in 2012.

Since then, there haven’t been any high-profile prosecutions by Vance in traffic death cases.

Read more…

10 Comments

NYC Motorists Have Killed Five Pedestrians and One Cyclist in 10 Days

At least five pedestrians and one cyclist have been killed by motorists since November 15. Of the six drivers involved, four left the scene. Of the four who were either caught by NYPD or remained at the scene, only one has been charged for causing a death.

One three-hour span on Monday was especially violent. At 6:50 p.m., the driver of a BMW sedan struck 57-year-old Robert Perry on the Bowery near Rivington Street on the Lower East Side. ”The car kept going until it crashed into a fire hydrant a block away at Stanton Street,” reported DNAinfo.

The driver who killed Mohammad Uddin, 14, in Kensington was only charged with leaving the scene. Photo via DNAinfo

The driver who killed Mohammad Uddin, 14, in Kensington was only charged with leaving the scene. Photo via DNAinfo

Perry, who often stayed at the Bowery Mission, was pronounced dead at Lower Manhattan Hospital, according to DNAinfo. Police charged Danny Lin, 24, with homicide and leaving the scene.

Council Member Margaret Chin, who represents the district where Perry was killed, issued a statement Tuesday:

I was encouraged to learn this morning from an NYPD official that the driver who hit and killed Mr. Perry — and who apparently unsuccessfully tried to drive away — was arrested at the scene for criminally negligent homicide by NYPD officers. However, the Manhattan District Attorney’s office will of course still need to file charges against the driver for there to be a real step toward justice in this case. I will be contacting the DA’s office very soon to strongly advocate for the driver to be charged and held fully accountable for this incident.

As of Wednesday morning, Lin’s name did not appear in an online database of court records, though active cases are not always accessible to the public.

“Everyone [at the Mission] knows him,” witness Indio Bryan told DNAinfo. “This has been his home. He eats here, sleeps here. He was a good guy, harmless. He liked jazz a lot.”

Perry was at least the fifth fourth pedestrian to be killed by a motorist this year in the 5th Precinct, where ticketing cyclists is a top priority.

“Mr. Perry’s name must be remembered alongside Sui Leung, Sau Ying Lee and other traffic victims in Lower Manhattan and across the city who simply did not deserve to have their lives ended in this tragic manner,” said Chin. “My thoughts are also with the friends and family of Shan Zheng, the cyclist who was hit and killed by a car last night just outside my district in Lower Manhattan.”

Approximately three hours after Perry was killed, a livery cab driver hit Zheng, 61, as he rode on Pitt Street at E. Houston. Zheng, who lived in Ossining, was pronounced dead at Bellevue, according to the Journal News. NYPD filed no charges against the 50-year-old cab driver, whose name was not released. The crash occurred in the 7th Precinct, in the City Council district represented by Rosie Mendez.

Read more…

8 Comments

Vance Serves Up Excuses for Failure to Prosecute Motorists Who Kill

On November 14, the same day that Transportation Alternatives convened a national Vision Zero symposium at Brooklyn Law School, Fordham Law School held a day-long event examining the legacy of “Bloomberg’s New York.” Among the speakers: Manhattan District Attorney Cy Vance, who sat on an afternoon panel on public safety.

Streetsblog founding editor Aaron Naparstek was in the audience and asked Vance why prosecutions of deadly driving haven’t kept up with the advances in safe street design that rapidly accelerated under Bloomberg. What is stopping the DA from holding reckless drivers accountable for killing people?

Here’s the response from Vance, lightly edited:

I think you are incorrect stating that our office has not indicted or prosecuted vehicular homicide [unintelligible]. In fact, we have on many occasions. There have also been cases, tragedies, when we have not prosecuted. Those are typically ones where after an investigation we believe we do not have a provable criminal offense.

Now what should be criminal and what shouldn’t be criminal is obviously subject to very subjective and emotional reactions. As a prosecutor I am often involved with injuries to innocent people and my instinct, and our instincts [as] prosecutors, is to work on behalf of victims, irrespective of the class of crime or the kind of crime.

But in the realm of vehicular cases, there are cases which are tragic, which are hard to understand, but may not have the facts to support a criminal prosecution and conviction. I think that was the belief of the [police] commissioner under Bloomberg, I think it’s a statement of the challenge that we have as prosecutors today. And our office is significantly following the challenges, difficulties, the successes, of vehicular prosecutions not only in NYC but across the state. It is something we will continue to work on, and continue to devote our resources to.

And I regret, and am saddened, as everybody is, when there is a tragedy that occurs. But sometimes, though others may not like it, or agree with it, a prosecution is not necessarily a following event after a tragic accident.

The vehicular prosecutions that Vance takes credit for, almost without exception, involve driving under the influence, fleeing the scene of a crash, or attempting to get away from the police after committing another crime. In the vast majority of cases when a sober driver kills someone and stays at the scene, the deterrent response from Vance’s office is either feeble or non-existent.

It’s a timid record on traffic violence and a far cry from what Vance promised as a first-time candidate for DA in 2009. During that campaign, Vance said he would take reckless driving seriously and that prosecutors should head off traffic deaths before they happen by issuing charges for “potentially tragic” behavior like speeding on city streets. On a section of his website that has since been removed, Vance challenged the “rule of two” — case law that has been interpreted to mean that drivers must be found guilty of two separate traffic violations to secure a criminal conviction:

Read more…

9 Comments

Chin Joins Victims’ Families to Blast Lax Enforcement of Street Safety Law

Michael Cheung speaks about his mother, who was killed in a Canal Street crosswalk by a driver last month. No charges have been filed against the driver. Photo: Margaret Chin/Twitter

Michael Cheung speaks about his mother, 90-year-old Sau Ying Lee, who was killed in a Canal Street crosswalk by a driver last month. No charges were filed. Photo: Margaret Chin/Twitter

Drivers have killed four pedestrians in and around Chinatown since late August. Despite a new law on the books that could be applied in some of these cases, NYPD and Manhattan District Attorney Cy Vance have not filed charges against the drivers. Yesterday, Council Member Margaret Chin gathered with victims’ families and community board leaders to demand justice. Chin also announced legislation calling on DOT to study street safety on busy truck routes like Canal Street.

Last month, a driver killed 90-year-old Sau Ying Lee in the crosswalk on Canal Street at Elizabeth Street. No charges have been filed against the driver. “My mom had the right of the way when she was crossing the street. According to the police report, my mom needed only two more steps and she could finish crossing,” said Michael Cheung, Lee’s son. ”New York City law says, ‘Okay, the driver’s not drunk, he’s not under any drug influence. Goodbye. Go and kill another pedestrian.’ That’s the message New York City is sending to the driver.”

Chin pointed to lax enforcement of the Right of Way Law, also known as Section 19-190, which allows for criminal penalties against drivers who strike pedestrians or cyclists with the right of way. “We need to see the law being strongly enforced against drivers who hit pedestrians in the crosswalk,” Chin said. ”At the very least, they should have been held accountable under that clear and simple law.”

NYPD Chief of Transportation Thomas Chan has said the department is training all officers, not just crash investigators, to enforce the Right of Way Law, but there is no word on when that process will be complete. So far, enforcement of the law has been inconsistent.

Read more…

155 Comments

DA Cy Vance: $250 Fine for Motorist Accused of Deliberately Striking Cyclist

Manhattan DA Cy Vance dropped assault charges against Jose Henriquez, the hit-and-run driver accused of intentionally striking a cyclist with an SUV. Henriquez was allowed to plead to leaving the scene and was fined $250. Vance photo: Brad Aaron. Henriquez photo via Facebook

Manhattan DA Cy Vance dropped assault charges against Jose Henriquez, a hit-and-run driver accused of intentionally striking a cyclist with an SUV. Henriquez was allowed to plead to leaving the scene and was fined $250. Vance photo: Brad Aaron. Henriquez photo via Facebook

Manhattan District Attorney Cy Vance dropped assault charges against a hit-and-run driver accused of intentionally ramming a cyclist with an SUV, allowing the defendant to plead guilty to leaving the scene and pay a small fine, according to court documents and the victim’s attorney, Steve Vaccaro.

Vaccaro says the case was one of several handled by his firm, Vaccaro and White, in which Vance’s office declined or otherwise failed to pursue assault charges against motorists and pedestrians who attacked cyclists or purposefully hit them with motor vehicles.

According to Vaccaro and a witness affidavit [PDF], at around 5:00 p.m. on July 13, 2013, Michael (not his actual name) was riding his bike on Avenue B on the Lower East Side. Avenue B is a narrow two-way street with no bike lanes and parking on both sides. To avoid being doored, Michael was riding in the center of his lane. When a motorist approached Michael from behind, tailgating and honking, he responded by flipping the driver off.

Approaching the intersection of Avenue B and E. 13th Street, Michael slowed for a red light. According to the affidavit, the driver, still behind him, accelerated, striking the back of Michael’s bike and flipping him over the handlebars, causing him to hit his head on the ground. With Michael in the street bleeding from his face and head, the motorist swerved around him and attempted to drive off. A second motorist on the opposite side of the intersection tried to block the way, but the SUV driver went around the vehicle and left the scene.

Witnesses noted the SUV’s plate number, and the driver was identified by NYPD as 33-year-old Jose Henriquez, of Queens.

Michael suffered lacerations to his face. Despite his injuries and the circumstances of the crash, NYPD and prosecutors with Vance’s office initially charged Henriquez only with leaving the scene. “We went out and got the witnesses to establish that it was a deliberate strike, and to the DA’s credit, they added assault charges,” says Vaccaro. “Now, inexplicably and without justification, they have dropped them.”

Read more…

22 Comments

Maximum Penalty for Cab Driver Who Killed Cooper Stock: 15 Days and $750

The cab driver who killed 9-year-old Cooper Stock last January was charged this month with failure to exercise due care, a traffic infraction that carries a maximum 15-day jail sentence and a small fine.

Cooper Stock. Photo: Barron Lerner via ##http://well.blogs.nytimes.com/2014/01/24/treat-reckless-driving-like-drunk-driving/##New York Times##

Cooper Stock. Photo: Barron Lerner via New York Times

According to court records and the office of Manhattan District Attorney Cy Vance, an arrest warrant was issued for Koffi Komlani on October 1. He was arraigned in criminal court on October 7, pled not guilty, and was released on his own recognizance.

Here’s how the Daily News described the latest developments in the case, in a story that ran today:

The cabbie who hit and killed 9-year-old Cooper Stock, as the child crossed the street with his father, has been charged in the boy’s death, the Daily News has learned.

Driver Koffi Komlani was arrested Oct. 8 and charged with failure to exercise due care by the Manhattan district attorney, sources said Thursday.

It’s common for the tabloids to make it seem as if law enforcers are seeing justice done for victims of traffic violence when, in actuality, the motorist in question faces relatively mild consequences. The Daily News story looks like another example.

Failure to exercise due care is a violation of VTL 1146 — Hayley and Diego’s Law. Though Komlani was arraigned in criminal court, this is a traffic violation, not a criminal offense. Drivers summonsed for careless driving are subject to jail time of up to 15 days, fines of up to $750, a license suspension of up to six months, and a mandatory drivers’ ed course. These are maximum penalties. The minimum is no penalty at all.

Prosecutors with Vance’s office told Cooper’s family last spring that they would not be filing criminal charges against Komlani.

The Taxi and Limousine Commission opted not to renew Komlani’s probationary hack license when it expired in July. Vance’s office said the judge suspended his drivers license pending the outcome of the case. Komlani’s next court appearance is scheduled for December.