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Will Ken Thompson Charge Driver Who Killed Alejandro Moran-Marin?

No charges have been filed against the driver who killed a cyclist and injured several other people in a multi-vehicle crash in Brooklyn last week, according to the office of District Attorney Ken Thompson.

Claudio Rodriguez was driving against traffic on Fourth Avenue when he hit Alejandro Moran-Marin head-on near Atlantic Avenue, according to reports. Moran-Marin died instantly.

Rodriguez hit two other vehicles, sending four people to the hospital. The crash scene stretched for blocks. Photos showed pieces of Moran-Marin’s bike protruding from the front wheel of the SUV Rodriguez was driving.

A witness told the Daily News he thought Rodriguez was trying leave the scene because he backed up after hitting the first vehicle, a Toyota sedan, before striking Moran-Marin. Published accounts said Rodriguez told police he had a seizure because he didn’t take his medication.

In 2009, sanitation truck driver Auvryn Scarlett was convicted of murder for killing two Manhattan pedestrians after failing to take medication for epilepsy.

We emailed Thompson’s office to ask about the status of the investigation, and whether NYPD or the DA had failed charges against Rodriguez. “This investigation is continuing,” a Thompson spokesperson replied.

Streetsblog will follow this story as it develops.

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When a Driver Had a Seizure and Killed Two in Manhattan, It Was Murder

The motorist who killed a cyclist and injured several others in Brooklyn yesterday told police he had a seizure after he did not take his medication. If the driver’s claim is true, the case would be similar to a Manhattan crash that resulted in a murder conviction.

According to reports, at around 7 a.m. Tuesday 37-year-old Claudio Rodriguez, driving against traffic on Fourth Avenue, hit a male cyclist head-on, near the Atlantic Avenue intersection, killing the victim instantly. The Brooklyn Eagle identified the cyclist as 35-year-old Alejandro Moran-Marin.

Reports said Rodriguez hit a stopped vehicle before striking Moran-Marin, and drove into another car before coming to a stop near Fourth and Flatbush Avenue. Five people, including Rodriguez, were hospitalized.

From WABC:

After smashing into the back of the Camry, witnesses say the driver backed up, went around the Camry then drove into oncoming traffic and kept speeding up the block, hitting the bicyclist near Atlantic Avenue.

Witnesses said Moran-Marin’s bicycle was scattered in pieces across several blocks.

A witness told the Daily News he “thought the driver was trying to flee after rear-ending the Toyota because he backed up before taking off.”

In the immediate aftermath of the crash, several outlets reported that NYPD said the driver had a seizure, information the Daily News and the Post said came from Rodriguez himself. “He admitted to cops that he had forgotten to take medication on Monday to control his seizures, law-enforcement sources said,” the Post reported.

“I was feeling, like, you know when you feel dizzy,” Rodriguez said. “After that, I don’t remember until I hit the other guy and the other guy hit me.”

As of this afternoon no charges had been filed against the driver by NYPD or Brooklyn District Attorney Ken Thompson, police told Streetsblog. NYPD said the investigation is ongoing.

Read more…

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No Charges for Driver Who Repeatedly Ran Over Brooklyn Pedestrian

A livery cab driver repeatedly backed over a Brooklyn rabbi Monday afternoon in Crown Heights, killing him, but no charges were filed by NYPD or Brooklyn District Attorney Ken Thompson.

Yekutiel Rapp was crossing Empire Boulevard at Balfour Place at around 5:30 p.m. when the driver hit him while reversing out of a parking spot, according to reports.

Yekutiel Rapp. Photo via Yeshiva World News

Yekutiel Rapp. Photo via Yeshiva World News

From Crown Heights Info:

The driver, realizing that he had hit something but unaware that it was a person, backed up his car — running the man over a second time; in the ensuing mayhem, the driver then drove forward — running him over a third time.

Witnessing the horrific crash and first on scene was a pair of Shomrim volunteers, both of whom immediately sprang into action, forcing the driver to stop his vehicle while calling for emergency rescue services and attempting to free the gravely injured man from under the vehicle.

Together with a number of bystanders they attempted to lift the car enough to free the man. Another Shomrim volunteer arrived with a large car jack and further lifted the car, at which point firefighters arrived on scene and joined in the rescue effort.

“I heard the guy banging on the car telling him to stop,” witness Calvin Thomas told the Post.

Rapp, a noted 66-year-old orthodox rabbi, died at Kings County Hospital. Police had filed no charges as of this afternoon. An NYPD spokesperson told Streetsblog the investigation is still open.

Unless the driver is charged and convicted of breaking a traffic law he will in all likelihood remain in good standing with the Taxi and Limousine Commission.

This fatal crash occurred in the 71st Precinct. To voice your concerns about neighborhood traffic safety directly to Deputy Inspector George Fitzgibbon, the commanding officer, go to the next precinct community council meeting. The 71st Precinct council meetings happen at 7:30 p.m. on the third Thursday of the month at MS 61, 400 Empire Boulevard. Call 718-735-0527 for information.

Yekutiel Rapp was killed was killed in the City Council district represented by Laurie Cumbo, and in Brooklyn Community Board District 9.

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Parents of Lucian Merryweather: Our Son’s Killer Should Never Drive Again

Vigil for Lucian Merryweather, November 5, 2013. Photo: Fort Greene Focus/Ben Brody/Flickr

Vigil for Lucian Merryweather, November 5, 2013. Photo: Fort Greene Focus/Ben Brody/Flickr

This week, Anthony Byrd was formally sentenced for fatally striking 9-year-old Lucian Merryweather on a Brooklyn sidewalk.

On November 2, 2013, Byrd drove a Ford SUV into two cars and a building after swerving to avoid two people in a crosswalk at DeKalb and Clermont Avenues. He then made a U-turn and drove against traffic on DeKalb, struck a woman in a crosswalk, hit a parked vehicle, and drove onto the sidewalk a second time, striking Lucian and his younger brother.

Byrd was charged by former DA Charles Hynes with second degree assault — a class D felony — criminally negligent homicide, and other charges and traffic infractions. However, Byrd was indicted on a top charge of homicide — a class E felony, the least severe felony category — and the class D second degree assault charge was reduced to misdemeanor assault, according to court records.

In March, District Attorney Ken Thompson and Byrd agreed to a plea arrangement of five years probation, 20 days of community service, and a five-year license revocation.

Lucian’s parents, Anna Kovel and Greg Merryweather, sent us a statement on Byrd’s plea deal, printed below in its entirety.

We, the parents of Lucian Merryweather, who was killed by a reckless driver on November 2, 2013, in Fort Greene, Brooklyn, worked closely with the Brooklyn District Attorney’s office to construct a plea bargain deal for the driver, Anthony Byrd, so that we could be certain that the killer of our bright and beautiful 9-year-old boy pleaded guilty to the highest charge he received: Criminally Negligent Homicide.

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Driver Who Killed 9-Year-Old on Sidewalk Can Regain License in 5 Years

New York Court of Appeals Judges Jenny Rivera, Sheila Abdus-Salaam, Robert S. Smith, Susan P. Reid, and Chief Judge Jonathan Lippman are making it easier for reckless drivers to get away with killing people

New York Court of Appeals Judges Jenny Rivera, Sheila Abdus-Salaam, Eugene Pigott, Susan P. Read, and Chief Judge Jonathan Lippman.

The driver who ran over two children on a Brooklyn sidewalk, killing 9-year-old Lucian Merryweather and injuring his 4-year-old brother, will serve no jail time and be eligible to legally drive again in five years, pursuant to a plea arrangement with Brooklyn District Attorney Ken Thompson.

Thompson’s lead vehicular crimes prosecutor cited case law precedent from the New York Court of Appeals, the state’s highest court, as one reason the DA’s office did not seek a more severe penalty.

On the afternoon of November 2, 2013, Anthony Byrd hit two cars and a building after swerving to avoid two people in a crosswalk at DeKalb and Clermont Avenues. He next made a U-turn and drove against traffic on DeKalb, struck a woman in a crosswalk, hit a parked vehicle, and drove onto the sidewalk a second time, striking Lucian and his brother. Lucian died at the scene.

Byrd was charged by former DA Charles Hynes with second degree assault, criminally negligent homicide, first and second degree reckless endangerment, criminal mischief, and several traffic infractions. However, Byrd was indicted on a top charge of homicide — a class E felony, the least severe felony category — and the class D second degree assault charge was reduced to misdemeanor assault, according to court records.

The Daily News reports that prosecutors and Byrd agreed to a plea of five years probation, 20 days of community service, and a five-year license revocation. The News reported that Lucian’s family did not object to the agreement.

Though Byrd pinballed through neighborhood streets, killing one bystander and injuring two others, Brooklyn vehicular crimes chief Craig Esswein said he didn’t have a strong case.

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Will DA Ken Thompson Drop Case Against Bus Driver Who Killed Senior?

On the evening of December 23, 2014, 78-year-old Jean Bonne-Annee was crossing New York Avenue at Farragut Road in Brooklyn when an MTA bus driver ran him over while making a left turn.

Brooklyn DA Ken Thompson

Brooklyn DA Ken Thompson

Bonne-Annee died at the scene. He was the eighth pedestrian killed by a turning MTA bus driver in 2014.

Police arrested driver Reginald Prescott and charged him with violating the Right of Way Law, which is intended to hold drivers accountable for killing or injuring pedestrians and cyclists who are following traffic rules.

Because Prescott was driving a bus and was charged for killing someone, TWU Local 100 and some members of the press have devoted much attention to a crash that otherwise would have received little or no notice. On Tuesday Pete Donohue of the Daily News reported that District Attorney Ken Thompson may bow to pressure from the TWU and dismiss the case.

Arraignment proceedings for Prescott were canceled, Donohue reported, “as prosecutors and his union defense lawyer agreed neither to go forward with a formal reading of the charges nor require Prescott to enter a plea, as is customary.”

“We pressed a pause button to say ‘stop’ with the view towards the district attorney ultimately dismissing the charges completely against Mr. Prescott,” TWU Local 100 legal director Kenneth Page said.

A spokeswoman for Brooklyn prosecutors would only say that the case remains under investigation. No new court date for Prescott was set during his appearance in court Tuesday morning.

“[T]he case is still being investigated and the charges have not been dropped,” a Thompson spokesperson told Streetsblog via email.

As Ben Fried wrote this week, before the Right of Way Law NYPD and prosecutors didn’t investigate the vast majority of serious traffic crashes, and declined to pursue charges in fatal collisions that did not involve extenuating circumstances like DWI or leaving the scene. The strength of the Right of Way Law is that it removes driver intent from the equation: If you harm someone who is walking or biking with the right of way, you committed a misdemeanor.

The court process may reveal that Prescott was not at fault. What shouldn’t be in doubt is a full and fair disposition of the case. Otherwise, people who are following all the rules will continue to be denied the protection of the law, as they were before.

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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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So Far, Ken Thompson Is the Only DA to Meet With Families For Safe Streets

With Families For Safe Streets appealing to New York City’s five district attorneys to prosecute dangerous drivers who injure or kill, one DA has opened his doors to them.

Brooklyn District Attorney Ken Thompson. Photo: Brooklyn DA’s Office

At a City Hall rally last Sunday, Families For Safe Streets announced that Thompson is launching the District Attorney Driver Accountability Initiative. “The new initiative is designed to address issues relative to Brooklyn,” said Thompson spokesperson Helen Peterson. “We have met with representatives of Families For Safe Streets and Transportation Alternatives and all of the five requests… are being discussed.”

That meeting was held in mid-December after Mohammad Uddin, 14, became the third student at M.S. 51 in Brooklyn to be struck and killed by a driver in 13 months. Council Member Brad Lander initiated the sit-down with Thompson at the request of the Uddin family. Thompson is hosting a follow-up meeting with the families, legislators, and other law enforcement experts on January 29.

“We need for the DAs to consistently hold reckless drivers who kill and injure accountable. The DAs have only brought a handful of cases each year,” said Amy Cohen of Families For Safe Streets. “The Brooklyn DA has said he will increase enforcement and we demand that others do the same.”

At the event on Sunday, Manhattan Borough President Gale Brewer said she would help FFSS gain traction with the Manhattan DA. “I’m a big fan, I have to say, of Cy Vance, so we will figure out why he’s not prosecuting in the way that has been suggested by the Brooklyn district attorney,” Brewer said. “As Manhattan borough president, I will take that on as an agenda item.”

Update: After publication, Vance spokesperson Joan Vollero offered a statement: “The Manhattan District Attorney’s Office has been in touch with Families For Safe Streets to arrange a meeting, as we have previously with Transportation Alternatives and families members. Our door is always open.”

After a loved one is killed, families say they often feel cut out of the process that determines consequences for drivers. Families For Safe Streets is calling on the DAs to use “restorative justice” programs, which involve mediation and commonly offer alternative sentencing to juvenile offenders with the approval of the victim’s family. The goal of these programs isn’t to mete out harsh jail terms but to prevent repeat behavior in the future, and Families For Safe Streets wants to see this approach expanded to vehicular violence cases.

When Streetsblog followed up after the rally, DAs didn’t respond directly to the request for restorative justice techniques. “We always use the input of our victims to determine an appropriate plea,” said Bronx DA spokesperson Terry Raskyn.

Another request from families of crash victims is for the DAs to systematically compile and share data about charges and outcomes in vehicular violence cases. The Bronx DA’s office said it’s making progress on that front. Its information technology department is working to change its filing systems so vehicular crimes can be categorized separately for analysis.

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Families of Traffic Violence Victims Demand Justice From District Attorneys

Photo: Stephen Miller

Judy Kottick speaks about her daughter Ella Bandes, who was killed by a turning MTA bus driver in 2013. No charges were filed. Photo: Stephen Miller

Braving the cold, more than 150 people gathered on the steps of City Hall yesterday to demand that New York City’s five district attorneys begin filing charges against reckless drivers who kill and injure New Yorkers on the streets.

“The five New York City district attorneys have failed to do their job,” said Amy Cohen, who helped found Families For Safe Streets after her 12-year-old son Sammy was killed in 2013. No charges were filed against the driver who killed her son. “New York City has a culture of lawlessness on our streets, because reckless drivers are not held accountable,” she said.

Charges for reckless or negligent driving are exceedingly rare absent other aggravating circumstances, even in cases where the victim dies. Since January 2012, more than 500 pedestrians and cyclists have been killed by drivers in NYC, but in only two known occasions have city DAs filed homicide charges against a driver who was not drunk, fleeing the scene, running from police, or intentionally attacking the victim, according to records kept by Streetsblog. Fewer than 2 percent of drivers in non-DUI cases are prosecuted, according to Families For Safe Streets.

Families for Safe Streets is asking for five changes from the DAs:

  • Comprehensive Vision Zero training for all staff and changing terminology from “accidents,” which implies a lack of fault, to “crashes” or “collisions.”
  • Work with NYPD to widely prosecute misdemeanor driving offenses in criminal court, including violations of Section 19-190, also known as the Right of Way Law, which creates criminal penalties for drivers who injure or kill pedestrians and cyclists with the right of way.
  • Significantly increase the number of reckless sober drivers charged with felony crimes and lead the charge for city and state legislative changes that may be necessary.
  • Introduce “restorative justice” and other alternative sentencing practices as part of the pre-plea conference for vehicular violence cases, with the input of victims and families.
  • Systematically compile and share data about charges filed and outcomes in vehicular violence cases.

Three of the city’s five district attorneys are on the ballot this year: Queens DA Richard Brown, who was first elected in 1991; Bronx DA Robert Johnson, who took office in 1989; and Staten Island DA Daniel Donovan, who was first elected to the position in 2003 and is now running for the congressional seat vacated by Michael Grimm. Ken Thompson defeated incumbent Charles Hynes in the race for Brooklyn DA in 2013. The same year, Manhattan DA Cy Vance faced only token opposition before cruising to a second term.

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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.