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Posts from the "Cy Vance" Category

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Will NYPD Apply New Vision Zero Law to Cabbie Who Killed Woman on UES?

NYPD has not filed charges against a cab driver who killed a pedestrian on the Upper East Side last week, despite indications that the crash may warrant a misdemeanor charge under a new city law.

The cab driver who killed a woman on the Upper East Side last week may or may not lose his hack license under Cooper's Law. Image: WCBS

The cab driver who killed a woman on the Upper East Side last week may or may not be charged under a new law that makes it a misdemeanor to strike pedestrians and cyclists who have the right of way. Image: WCBS

Available information suggests the cab driver failed to yield to a pedestrian with the right of way. According to press accounts, the 58-year-old victim was in a crosswalk at around 2 p.m. last Friday when the cab driver, who was northbound on Madison, hit her while turning left onto E. 79th Street. The victim was dragged before the driver came to a stop, leaving her pinned beneath the Nissan NV200 cab until witnesses overturned the vehicle, which was still running, to free her.

The woman was declared dead at Lenox Hill Hospital. As of Thursday morning her identity was still being withheld pending family notification, according to NYPD.

The 30-year-old cab driver was not injured, reports said, and his passenger was treated for a head injury at the scene.

“Preliminarily, both of them had the right of way,” an NYPD spokesperson said. This is not possible, but it is a strong indication that the victim was crossing with the walk signal. Since the motorist would have been required by law to yield in this situation, only the victim would have had the right of way.

A new city law makes it a misdemeanor for drivers to strike pedestrians or cyclists who have the right of way. Intro 238, now known as Section 19-190, took effect last month, but at that time a spokesperson for Mayor de Blasio said NYPD wasn’t yet ready to enforce it.

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Will Cy Vance Fail to Prosecute Another Serious Midtown Curb-Jump Crash?

New Yorkers have seen this before.

Manhattan District Attorney Cy Vance sees no evidence of recklessness here. Photo: ##https://twitter.com/FDNY/status/496750617613066240##@FDNY##

No evidence of recklessness here, says Manhattan District Attorney Cy Vance. Photo: @FDNY

On a beautiful summer day, a professional driver with a history of recklessness behind the wheel drives onto a crowded Midtown sidewalk, striking multiple people and causing serious injuries. The driver lays blame elsewhere, on factors he claims were beyond his control. Meanwhile, staff from Manhattan District Attorney Cy Vance’s office, who don’t normally discuss vehicular crimes with reporters, issue statements assuring the public that prosecutors are on the case.

It was one year ago this month that yellow cab driver Mohammad Faysal Himon severed the leg of tourist Sian Green. In November, Vance’s office announced that no charges would be filed.

On Tuesday afternoon, William Dalambert crashed a Gray Line double-decker bus into an SUV and another sightseeing bus at 47th Street and Seventh Avenue, then jumped the curb and knocked over a light pole, injuring 18 people. Dalambert has anywhere from 11 to 20 license suspensions on his record, according to reports. He has been cited for speeding, using a cell phone while driving, and driving without a license. Video reportedly shows him accelerating before Tuesday’s crash, as the light in front of the bus turned red. Dalambert claimed the brakes on the bus failed, but investigators found no evidence of a mechanical problem.

Dalambert was arrested for driving while ability impaired, but further tests indicated no intoxication, and to this point Vance has filed no charges.

“[A]t this present stage of the investigation, there is not sufficient basis to conclude that the defendant was operating the tour bus in a reckless manner,” read a court notice filed by Vance’s office. Vance spokesperson Joan Vollero said the office is still investigating: “We are awaiting results of the full toxicology report. We are taking this matter seriously.”

Whether or not Dalambert was under the influence, that he drove into two vehicles, mounted the curb and injured multiple bystanders is not in dispute. Only through sheer luck did the people in his path escape death, and the severity of the victims’ injuries is not publicly known.

There is video of this crash, and, as with the Sian Green case, no shortage of witnesses. And yet — as with the Sian Green case — Vance has issued no charges for recklessness or criminal negligence.

Time will tell if DA Vance steps up in this instance to protect New Yorkers from dangerous drivers, or if the outcome of this serious crash will be déjà vu all over again.

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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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Manhattan DA Cy Vance Won’t Prosecute Cab Driver Who Killed 9-Year-Old

Manhattan District Attorney Cy Vance will file no criminal charges against the cab driver who killed 9-year-old Cooper Stock and injured his father in an Upper West Side crosswalk in January.

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

Lisa Belkin of Yahoo News reports that prosecutors met Wednesday with Cooper’s parents, Richard Stock and Dana Lerner.

“They told me there is nothing in the law right now that specifies that he can be charged with any crime,” Lerner said, describing the meeting. Under New York law, criminal charges can only be brought if a driver who injures or kills a pedestrian commits two misdemeanors at a time. Because the driver, Koffi Komlani, was charged with “failure to yield” but nothing else, he will face a penalty of up to $300 and three points on his license.

First, the “rule of two” is an arbitrary standard 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. It has no statutory basis, and as a candidate for DA in 2009, Vance pledged to challenge the precedent in court.

Here is a passage that used to appear on a now-defunct page on Vance’s campaign web site:

There is no reason why two traffic violations are necessary in order to support a conviction of criminally negligent homicide. I view the “Rule of Two” as the result of case law which should be modified to reflect the reality that one vehicular crime is fully capable of killing. Although in recent years this notion has been applied by the courts in a less strict manner — it is indisputable that it does not take two violations to kill someone. Many violations — speeding, running a red light, or failing to stop at a stop sign are more than dangerous enough to take a life.

So why did Vance decline to pursue charges for this vehicular killing? As was the case when Vance failed to prosecute the cab driver who severed the leg of a Midtown tourist, the public is left to guess. “A spokesman for the DA’s office said that the agency does not comment on investigations or charges that are not brought,” Belkin reports.

Instead, Vance’s office referred to testimony it provided to the City Council in February: “It can be difficult for people to understand why a crash that seriously injures or kills someone is not always a crime. The reality is that often these cases do not meet the complicated legal requirements for criminal charges.”

It is difficult to understand why Vance is not prosecuting sober reckless drivers who injure, maim, and kill, especially since he refuses to say.

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Vance Brings Rare Murder Charge Against Driver Who Killed Man on Sidewalk

Last June, according to prosecutors, 33-year-old Shaun Martin, under the influence of alcohol and drugs, got behind the wheel of a Nissan Altima and began speeding down Second Avenue in the East Village. At 4th Street, he veered across three lanes of traffic, jumped the curb and slammed into four people, including florist Mohammed Akkas Ali, who came out of a coma but later died, reportedly after removing his breathing tube.

Mohammed Akkas Ali, who died after a curb-jumping driver now facing murder charges crashed in the East Village. Photo via Daily News

Mohammed Akkas Ali was killed by a curb-jumping driver who now faces a murder charge. Photo via Daily News

Now, Martin has been charged with second-degree murder for Ali’s death, along with aggravated vehicular homicide, vehicular assault, reckless endangerment, driving while impaired by drugs, and other charges. Court documents say Martin, who according to DNAinfo has prior arrests for drunk driving and cocaine possession, was high on PCP and alcohol at the time of the crash. Manhattan District Attorney Cy Vance announced the charges this afternoon.

“The death of Mohammed Akkas Ali is a tragedy that could have been averted,” Vance said in a press release. “Intoxicated driving, whether by drugs or alcohol, is completely at odds with the prospect of making New York streets safe for pedestrians and drivers alike.”

Murder charges for traffic killings are rare, and prosecutors usually only apply them to impaired drivers or drivers fleeing police.

In 2011, Vance reduced second-degree murder charges against a driver fleeing police to a manslaughter plea, reportedly after the state’s highest court reversed a conviction in a similar case. The next year, another driver fleeing police pled guilty to a second-degree murder charge brought by Vance and received a sentence of 17 years to life in prison.

Because the driver in this case was impaired and his behavior was so extreme, the charges could stick. Last year, the state’s top court upheld the murder convictions of impaired drivers who displayed “depraved indifference for human life,” which is the standard that will be used in court to weigh Martin’s murder charge.

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Streets of NYC a Little Safer Today Thanks to Judge, NYPD, and Cy Vance

There’s one less reckless driver on the streets of New York today thanks to NYPD, Manhattan District Attorney Cy Vance, and Manhattan Supreme Court Justice Jill Konviser.

Andy Tang: "I was exceeding the speed limit although I did not hit 100 miles per hour."

Adam Tang: “I was exceeding the speed limit although I did not hit 100 miles per hour.”

After Adam Tang posted a video of himself speeding around Manhattan, he was tracked down by NYPD. Tang’s car was taken away, and Vance charged him with reckless driving and second degree reckless endangerment, according to court records.

Under New York State law, “A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.” In lay terms, reckless endangerment requires proof that a driver was aware of a risk of seriously injuring someone else, says attorney Steve Vaccaro. Speeding was the leading cause of NYC traffic fatalities in 2012.

Second degree reckless endangerment is a class A misdemeanor that carries a maximum penalty of a year in jail. According to the Daily News, Tang’s attorney Greg Gomez rejected a plea deal for 60 days in jail and 15 days of community service.

Tang pled not guilty in court today and asked for his license and passport to be returned. But Judge Konviser agreed with ADA Mary Weisgerber that Tang should not be driving.

“He videotaped himself circumnavigating Manhattan at a high rate of speed. He admits doing this,” Weisgerber said.

“He certainly should not have his license back.”

Konviser agreed, noting his “conduct, if true” was “extremely dangerous.”

“I don’t think he should have his passport or his license,” she said.

Gomez argued that charges would probably have been reduced or dismissed “if not for the ‘sensational and exciting video’ that ‘people loved and watched hundreds of thousands of times’” — a video otherwise known as “the evidence.”

“I was exceeding the speed limit although I did not hit 100 miles per hour,” Tang reportedly told police after he was arrested last September. Since a pedestrian hit by a driver traveling at 40 miles per hour has a 15 percent chance of surviving, Tang wouldn’t have to get anywhere close to 100 to pose a deadly risk.

“A jury will find what he did was not reckless,” said Gomez. While it’s certainly possible that a jury will side with his client, Tang’s behavior endangered lives, and NYPD and Vance deserve credit for keeping him off the streets for as long as they can. Huzzah.

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Will Other NYC DAs Join Cy Vance in Getting Behind Vision Zero?

All five New York City district attorneys were invited to Monday’s City Council Vision Zero hearing, according to the office of transportation committee chair Ydanis Rodriguez. Yet Manhattan DA Cy Vance was the only one who participated.

Due to time constraints, Vance Chief Assistant DA Karen Friedman Agnifilo was not able to read all of her remarks [PDF], which included a number of substantive recommendations for city and state lawmakers, as well as NYPD. We’ve summarized those recommendations below, but first: There has been a lot of talk about how Vision Zero’s success hinges in no small part on Mayor de Blasio’s ability to sway Albany. While this is as true as it is troubling, the role of city DAs should not be overlooked.

Not only does Vision Zero depend on prosecutors to hold reckless motorists accountable, district attorneys can be powerful messengers, and their support could be key to the city’s efforts to lower the speed limit, expand automated enforcement, and implement other initiatives that require action by the state legislature. If you’re a New York City voter who cares about street safety, it wouldn’t hurt to let your DA know you are taking note of his involvement, or lack thereof, in Vision Zero.

Here are Vance’s recommendations, beginning with those that fall under the purview of the mayor, the City Council, and NYPD:

  • Broaden NYPD investigations to include crashes that result in “serious physical injury.” While NYPD announced a year ago that the department would no longer only investigate crashes where the victim was killed or “likely to die,” the current “critical injury” standard still limits investigations to “a patient either receiving CPR, in respiratory arrest, or requiring and receiving life sustaining ventilator/circulatory support,” as defined under FDNY guidelines. Serious physical injury, Agnifilo said, is injury “which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.” If NYPD’s Collision Investigation Squad “had the capacity to respond to all cases that would potentially result in either serious physical injury or death,” she said, DAs “would be called to more crash scenes, allowing prosecutors to make appropriate charging decisions.”
  • Include DAs in TrafficStat. Advocates expect NYPD’s traffic analysis program, based on CompStat, to play a role in Vision Zero. While DOT participates in weekly TrafficStat meetings, according to Agnifilo, city DAs have not previously been included. Agnifilo said that bridging this communication gap would help prosecutors build cases. “For instance,” said Agnifilo, “unlike the NYPD Highway Patrol, most precincts in Manhattan do not regularly calibrate their preliminary breath testing instruments. As a result, we cannot seek to introduce the readings from these instruments at trial.” This is what happened when NYPD botched the investigation into the death of Brooklyn pedestrian Clara Heyworth, and her killer was convicted only for unlicensed driving and driving without an insurance card. “Implementing procedures to make sure that these instruments are calibrated on a regular basis in each precinct would strengthen our criminal prosecutions,” Agnifilo said.
  • Include DAs on the Vision Zero task force. According to Agnifilo, no district attorneys were asked to help draft the Vision Zero Action Plan. “We are the only law enforcement agency that is missing from the discussion,” she said. Agnifilo also invited members of the Vision Zero task force to attend quarterly meetings that are held by DOT, NYPD, and city prosecutors.

And here is what Vance’s office says prosecutors need from Albany:

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Barron Lerner: It’s Time to Treat Reckless Driving Like Drunk Driving

The most basic flaw in the New York State traffic justice system is that in most cases it fails to hold motorists accountable for deadly recklessness. Unless a motorist is under the influence of alcohol or drugs, killing someone with a car is usually not considered a crime.

Barron Lerner. Photo: ##http://medicine.med.nyu.edu/medhumanities/featured-writing/lerner-why-history-of-medicine##NYU##

Barron Lerner. Photo: NYU

In a column for the Times, Barron Lerner, whose 9-year-old nephew Cooper Stock was killed by a cab driver in Manhattan this month, says it’s time to treat reckless driving like drunk driving. “Reckless driving, circa 2014, is what drunk driving was prior to 1980: it is poorly defined in the law, sometimes poorly investigated by police and almost never results in a criminal charge,” he writes.

An NYU professor and author of “One for the Road: Drunk Driving Since 1900,” Lerner writes that today’s attitudes toward everyday recklessness resemble societal and legal norms during the decades when efforts to criminalize drunk driving were met with “cultural indifference.”

Well into the 1970s, police and prosecutors looked the other way, seeing drunk drivers either as diseased alcoholics, young men sowing their wild oats or, paradoxically, victims themselves, even if they killed or maimed people. Judges and juries — perhaps because they, too, secretly drank and drove or knew those who did — were reluctant to convict.

Police told family members that their loved ones — the actual victims — had been “in the wrong place at the wrong time.” Crashes were called accidents.

This is, of course, exactly how law enforcement reacts to crashes like the one that killed Cooper Stock, who was in a crosswalk with his father when both were hit by a cab driver who reportedly took a turn without slowing down. No charges were filed against the driver, and no action was taken against his hack license.

“The police reassured my brother-in-law, Dr. Richard G. Stock, who was holding Cooper’s hand at the time of the crash, that a Breathalyzer done at the scene was negative,” Lerner writes. “Yet merely looking for alcohol or drug involvement by the driver misses the point.”

In the 80s, Lerner writes, collective action by parents and other loved ones, through groups like MADD, forced a “sea change” that brought about laws that toughened penalties and lowered legally acceptable blood alcohol levels. Their activism also attached a social stigma to driving drunk, making the public realize that “drunk drivers were still responsible for the damage they caused, even though the harms they inflicted were unintentional.”

Lerner says a similar shift is needed if New York City is to achieve Vision Zero. “If Cooper died because an impatient or distracted driver made a careless decision, then that driver should be as guilty of a crime as someone who drank alcohol or used drugs before driving,” he writes. “Let’s make destruction caused by irresponsible driving a true crime. And let’s do it soon.”

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Maude Savage and Akkas Ali, Struck by Motorists in 2013, Die From Injuries

The driver of this van barely slowed down as he turned into an occupied crosswalk, striking a senior. Image via Daily News. Video after the jump.

Charged for driving without a license, the maximum penalty against the motorist who fatally struck senior Maude Savage remains 30 days in jail and a $500 fine. Image via Daily News

Maude Savage, the 72-year-old who was hit by a motorist in a Brooklyn crosswalk last November, died from her injuries. Though video showed Savage was crossing with the light, charges were not upgraded against the commercial driver who took a corner at speed, striking her a few feet from a grocery store she had just walked out of. After Savage’s death, the maximum penalty against the driver, who was charged the day of the crash with driving without a license, remains 30 days in jail and a $500 fine.

The crash occurred in the early afternoon of November 25 at Sutter and Euclid Avenues. In a security video, you could see Savage waiting for the pedestrian signal and looking both ways before stepping into the street. When she was midway across, the driver of a van covered in DirecTV logos entered the crosswalk, barely slowing as he made a left-hand turn. Savage tried to get out of his path, but the driver struck her with the front end of the van.

Robert Brown was charged by then-District Attorney Charles Hynes with third degree 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.

Reports in the aftermath of the crash said Savage was hospitalized with head injuries. Though several media outlets covered the crash itself — stories were pegged to the DirecTV angle, though Brown was not a DirecTV employee — we found no follow-up coverage. However, the NYPD November crash report recorded one crash at Euclid and Sutter that month, which resulted in one pedestrian fatality.

Several times in recent years, prosecutors have pursued third degree unlicensed operation, a low-level misdemeanor, as the top charge against unlicensed drivers who kill New York City pedestrians. In 2011, Yolanda Casal and Laurence Renard were fatally struck by unlicensed drivers in separate crashes in Manhattan. Casal and her daughter were hit by a recidivist reckless driver as he backed up to get a parking spot; Renard was hit by a dump truck driver on an Upper East Side corner. In each case, Manhattan DA Cy Vance accepted a guilty plea to third degree unlicensed operation, and each motorist was fined $500.

Brown is next scheduled to appear in court on March 5, according to online court records.

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9-Year-Old Boy, Mother, and Senior Killed in Weekend of Motorist Violence

Three pedestrians were fatally struck by motorists over the weekend, bringing to seven the number of people killed while walking in New York City in the first two weeks of 2014.

Twenty pedestrians were killed by city motorists in January 2013, according to NYPD data, and 12 pedestrians and one cyclist died in January 2012.

Cooper Stock. Photo via DNAinfo

Cooper Stock. Photo via DNAinfo

Nine-year-old Cooper Stock was in a crosswalk with his father at West End Avenue and 97th Street  at around 9 p.m. Friday when both were hit by cab driver Koffi Komlani, according to reports. A motorist in a car behind Komlani spoke with the Daily News:

“He had to be distracted because there’s no way he could not see them, if I did,” [Ramon] Gonzalez, 46, said of the 53-year-old cabbie.

“The father grabbed his son. They were both on the hood of the car for a second. The father fell off the passenger side. The son went underneath the driver’s-side tire, first the front one, then the rear.”

Komlani, of West Harriman, didn’t brake until after he’d run over the boy with both wheels, according to Gonzalez, the assistant director of an educational nonprofit who lives in Chelsea.

Richard Stock suffered a leg injury. Cooper died at St. Luke’s-Roosevelt Hospital.

Cooper Stock was at least the twelfth child age 14 and under killed by a New York City motorist in the last 12 months, according to crash data compiled by Streetsblog. Year after year, traffic crashes remain the leading cause of injury-related death for children in NYC.

From DNAinfo:

The family released a statement about Cooper late Saturday, saying he loved the Yankees, rock and roll, and the Knicks. “Cooper was the life of the party even when there wasn’t a party,” the statement said. “He was light, he was reflective, he was beauty in motion, he was charismatic. He has been described as an old soul, and wise beyond his years.”

Komlani was ticketed for failure to yield on Friday. ”As of now, there are no disciplinary actions available to the TLC,” said Allan Fromberg, spokesperson for the Taxi and Limousine Commission, in an email. ”We’re awaiting the outcome of the NYPD investigation to make a determination of what options are available.”

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