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It’s Still Legal to Run Over a Child on a New York City Sidewalk [Updated]

An 8-year-old girl run over on the sidewalk outside her Bronx school Friday was one of at least two New York City pedestrians killed by motorists over the weekend. A woman struck while walking to work in Brooklyn Sunday morning was the second victim. No charges have been filed in either crash. NYPD and the Post blamed the Brooklyn victim for her own death.

Rylee Ramos. Photo via Daily News

A driver fatally struck 8-year-old Rylee Ramos and injured several others, including two more children, on the sidewalk outside a Bronx school. No charges were filed. Photo via Daily News

On Friday afternoon, Sonia Rodriguez backed onto a sidewalk adjacent to PS 307, striking 10 people, according to reports. At least two victims, including third-grader Rylee Ramos, were students who had just been dismissed from school. From the Daily News:

Rylee and her friend, Genesis Rodriguez, were only paces away from the school’s front door along Eames Place in Kingsbridge Heights when a blue Honda Accord hopped the curb and hit them about 2:45 p.m. The 55-year-old woman behind the wheel then tried to drive forward but all that did was “hit more people,” said Eliasser Lopez, 11. “It was something out of this world,” Eliasser said of the horror.

When the driver finally stopped, Rylee was injured beyond saving, though some tried to give her CPR. The car hit the girl so hard it crushed one of her lungs, family members said.

“[Sonia] Rodriguez hit a chain-link fence,” the Daily News reported, “a wrought-iron gate and a parked vehicle before pinning little Rylee to a pole, police said.” 

Ramos was pronounced dead at St. Barnabas Hospital. Genesis Rodriguez was hospitalized, as was a 4-year-old girl and four women.

Video posted by the Daily News, embedded after the jump, shows the car backing onto the sidewalk as Rodriguez appears to accelerate. Friday’s incident was reminiscent of a 2013 crash in which a motorist hit five children on a sidewalk near a school in Maspeth. Several children sustained severe, life-altering injuries as a result of the Queens crash, and one victim died days later from a reported asthma attack. The driver, identified as Francis Aung Lu, was not charged by NYPD or District Attorney Richard Brown.

Rodriguez was questioned and released by police after the Bronx crash, according to the Times. Streetsblog has asked DA Robert Johnson’s office if charges are being considered. Update: A source with Johnson’s office says the crash is under investigation.

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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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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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Serial Unlicensed Driver Gets Misdemeanor Charge in Brooklyn Death

A man with an outstanding charge for driving without a license fatally struck a pedestrian in Brooklyn last December but faces only a second charge of unlicensed driving after taking someone’s life.

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

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##

Since charges filed by former Brooklyn DA Charles Hynes were not upgraded by current DA Ken Thompson (pictured), a man who reportedly killed a pedestrian six days after an arrest for driving without a license faces a maximum penalty of 30 days in jail and a $500 fine. Image: NY1

Reports said the second driver to strike Detweiler was Roberto Amador, then 35. Amador, who was driving a box truck, was arrested and charged for driving without a license.

According to DNAinfo, Amador had been arrested less than a week earlier for driving with a suspended license after 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.

Court records say Amador was charged by Manhattan District Attorney Cy Vance last December 23 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. Despite the outstanding unlicensed driving charge when he hit Nicole Detweiler six days later, and Amador’s driving history, former Brooklyn DA Charles Hynes levied a top charge of third degree unlicensed operation — a less severe charge than the one applied by Vance — according to court records.

In other words, after being involved in a fatal crash while driving without a license, Amador was simply charged again for unlicensed driving, with no additional charges for killing a pedestrian. Charges against Amador were not upgraded by Hynes’s successor, current Brooklyn DA Ken Thompson.

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. Third degree unlicensed operation carries a maximum penalty of 30 days in jail and a $500 fine. State lawmakers failed this year to pass legislation to make it a felony to kill or injure someone while driving without a license.

Roberto Amador was released without bail the day after the crash that killed Nicole Detweiler, according to court records. He is scheduled to appear in court for the Manhattan unlicensed driving charge later this month, and is due back before a judge in Brooklyn in August. In the meantime, he remains free to drive.

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Brooklyn DAs Ignore “Rule of Two” in Death of Pedestrian Maude Savage

The driver who killed Brooklyn pedestrian Maude Savage was charged for failure to yield and driving without a license, but he was not charged with criminal negligence under the

The driver who killed Brooklyn pedestrian Maude Savage was charged for failure to yield and driving without a license, but he was not charged with criminal negligence under the “rule of two.” Image via Daily News

An unlicensed motorist who killed a senior in Brooklyn last year has pled guilty to a low-level misdemeanor and could be sentenced to probation and a nominal fine. Though the driver was charged with violating two traffic laws, current and former district attorneys Ken Thompson and Charles Hynes declined to pursue criminal negligence charges under the so-called “rule of two.”

Maude Savage was in a crosswalk and crossing with the light at Sutter and Euclid Avenues on November 25 when Robert Brown drove a commercial van into her, according to reports. Video of the crash shows that Brown barely slowed as he turned left toward Savage, leaving her no time to clear his path. Savage soon died from her injuries. She was 72.

Brown was charged by then-DA 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. Court records say he was also ticketed for failure to yield to a pedestrian in a crosswalk. Charges against Brown were not upgraded after Maude Savage died.

The rule of two is 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 reflexively cite the rule as an obstacle to charging motorists for killing, but routinely fail to bring charges in crashes involving two or more traffic violations. The circumstances of this crash — driving without a license, failure to yield — seemingly satisfied the rule of two, but neither Hynes nor his successor Thompson exercised it.

City prosecutors tend to pursue third degree unlicensed operation as the top charge against unlicensed drivers who kill pedestrians. (It’s also applied against unlicensed drivers who turn without signaling.) Third degree unlicensed operation carries a maximum penalty of 30 days in jail and a $500 fine.

According to court records, on June 20 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 a more serious charge, but it’s still an unclassified misdemeanor. Penalties may include jail time, probation, and a fine of not less than $500.

Brown is scheduled to be sentenced in August.

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Will DA Ken Thompson Investigate Killing of 14-Year-Old Nicholas Soto?

Following the vehicular killing of 14-year-old Nicholas Soto in Red Hook Monday morning, anonymous police sources were quick to blame the victim, though the crash happened near a school bus and sent Soto through the air, witnesses said. According to press accounts, NYPD won’t say if the driver who struck Soto was speeding through an area of Red Hook where drivers routinely endanger lives. Meanwhile, the local precinct community council is scheduled to meet tonight.

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

Soto was crossing at the corner of Lorraine Street and Hicks Street at around 7 a.m. when the unnamed driver, apparently westbound on Lorraine, slammed into him with a BMW sedan.

Photos from the scene show extensive damage to the right side of the car. The front fender was dented, the hood separated from the headlight bezel, and the windshield nearly punched through. Witnesses say Soto was hit with such force that he was propelled away from the street and over a nearby fence.

From the Post:

“He came running through here, too busy, trying to catch the [school] bus,” said Edward Austin, 54, who witnessed the tragic accident.

Austin said the boy was looking at the bus when [he] ran into the intersection and failed to see the car coming from the opposite direction.

“The car came down, he was moving too damn fast,” he continued, referring to the driver. “The poor kid was bleeding through his eyes.”

“We’re losing our kids out here because [drivers] think this is a damn highway,” Alfredo Otero, a local, told the Post. “This is not the first,” said another resident. “I seen three or four people get hit out here.”

Soto’s family and other residents of Red Hook Houses East, where the victim lived, told DNAinfo the corner of Lorraine and Hicks is “notoriously dangerous.”

Eddie Soto, Nicholas’ father, said his son’s death reflected the community’s need for safer streets.

“It’s not only about my son,” Soto said. “It’s about everyone else.”

“The driver of the BMW remained on scene and and was issued a summons for having his windows tinted illegally,” the Post reported. “Police would not say if the driver was speeding.”

It’s unusual for a New York City district attorney to charge a sober motorist who remains at the scene for killing, but it does happen. In January, Brooklyn DA Ken Thompson charged a driver with manslaughter for the death of a second driver in a crash that apparently did not involve alcohol. Last year Thompson’s predecessor Charles Hynes filed assault and homicide charges against the driver who killed 9-year-old pedestrian Lucian Merryweather and injured his younger brother, though the top charge was later downgraded to homicide. (In New York State, criminally negligent homicide is a class E felony, the least severe felony category.)

Unlike states where specific charges are prescribed for vehicular crimes, New York traffic law is highly subjective, and convictions normally depend on a prosecutor’s ability to convince a jury of a motorists’s state of mind. The probability of a serious charge after a fatal crash seems to increase when the driver’s actions are especially brazen. It must also be noted that some DAs are more aggressive than others when it comes to prosecuting vehicular crimes.

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Unlicensed Driver Who Killed Brooklyn Senior Convicted of Leaving Scene

A jury has convicted a motorist who, while driving without a license, fatally struck a Brooklyn senior and left the scene.

Isabel Rodriguez. Photo via Daily News

Wayne Stokeling was convicted of leaving the scene of the crash that killed Isabel Rodriguez (pictured). Photo via Daily News

Isabel Rodriguez, 88, was walking with her 79-year-old sister on July 22, 2012, when Wayne Stokeling drove into her at Stone and Livonia Avenues in Brownsville, according to reports. Police tracked down his damaged BMW sedan a few blocks away.

Stokeling, then 50, “had an open warrant on a prior motor vehicle-related charge and four prior arrests,” the Daily News reported.

Stokeling claimed he was eating ice cream while driving and didn’t notice he’d run someone over. Unlike in many cases, however, the “I didn’t see her” defense didn’t work. Former Brooklyn District Attorney Charles Hynes brought several charges against Stokeling, but he was not charged with homicide for killing Isabel Rodriguez. According to court records, on May 23 Stokeling was found guilty at trial of leaving the scene and driving with a suspended license.

It’s unclear what penalties will come with this conviction. Court records say the top charge against Stokeling — for which he was found guilty — was a violation of VTL § 600.2(a), for leaving the scene of a crash involving injury. This is the same charge that resulted in a 16 day jail sentence for the hit-and-run driver who killed pedestrian Florence Cioffi in Manhattan in 2008.

Stokeling’s next court appearance is scheduled for July.

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Brooklyn DA Secures Rare Manslaughter Conviction for Pedestrian Death

In a rare case of an apparently sober motorist facing serious penalties for a fatal crash, an unlicensed hit-and-run driver who killed one Brooklyn pedestrian and seriously injured another pled guilty to manslaughter this week.

Adam Recio pled guilty to manslaughter for the death of Raul De La Cruz (pictured). Possible sentences range from probation to 15 years in prison.

Raul De La Cruz and an unidentified woman were crossing Borinquen Place near Keap Street in Williamsburg at around 5 a.m. on November 15, 2012, when Adam Recio hit them with a Chevrolet Malibu, according to published reports. The victims were thrown into another lane of traffic and were hit by a second driver.

From the Daily News:

They had gotten halfway [across Borinquen Place] and were waiting in the striped area between the yellow lines in the center when the eastbound Chevy, which was trying to pass another vehicle, slammed into them, police said.

“In 30 years of driving I’ve never seen anything like this,” said truck driver Miguel Bocourt, 57. “The guy was going so fast. He was like a bat out of hell.”

De La Cruz “went flying up in the air,” said Bocourt.

De La Cruz, a beloved local figure and 35-year-old father of two young girls, died at the scene. The second victim, then 24, was hospitalized with serious injuries.

With a mangled hood and half the windshield gone, the Malibu was found abandoned five blocks away. Police later arrested Recio, then 27. The driver of the second vehicle was not charged.

Recio was charged by former Brooklyn District Attorney Charles Hynes with manslaughter, homicide, assault, reckless endangerment, leaving the scene, reckless driving, and driving without a license. According to court records, on Monday Recio pled guilty to manslaughter, a class C felony with possible sentences ranging from probation to 15 years in prison.

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Accused Unlicensed Hit-and-Run Killer on Trial in Brooklyn

A motorist who authorities say had a history of driving offenses and was driving without a license when he fatally struck a Brooklyn senior and fled the scene two years ago is on trial this week.

Isabel Rodriguez. Photo via Daily News

Wayne Stokeling is on trial this week for the hit-and-run killing of Isabel Rodriguez (pictured). New York State has a history of handing down light sentences to drivers who leave people to die in the street. Photo via Daily News

Isabel Rodriguez, 88, was walking with her 79-year-old sister on July 22, 2012, when Wayne Stokeling drove into her at Stone and Livonia Avenues in Brownsville, according to reports.

From the Daily News:

Cops spotted Stokeling’s BMW sedan a few blocks away from the crash with dents and a cracked windshield. He claimed the dents were caused by potholes, but was arrested for leaving the scene of a fatal accident and driving without a license.

He had an open warrant on a prior motor vehicle-related charge and four prior arrests, officials said.

“We were crossing the street,” Laura Chico, the victim’s sister, told the News. “I was calling, ‘Be careful, be careful.’ A car came fast and hit her when it turned. I went to her. I said, ‘Are you alive?’ I saw she was bleeding. I started crying.”

Rodriguez, a native of Puerto Rico, was already planning her 90th birthday party, which would have taken place this year, relatives said.

Stokeling, then 50, told police he was eating ice cream while driving and didn’t notice he’d hit anyone.

Court records say the top charge against Stokeling, filed by former Brooklyn District Attorney Charles Hynes, was leaving the scene. Despite the circumstances of the case, Stokeling was not charged with homicide for killing Isabel Rodriguez.

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DA Ken Thompson Won’t Say When DWI Killer Might Drive Again [Updated]

The office of Brooklyn District Attorney Ken Thompson won’t talk about reported developments in the case of a defendant who avoided a homicide charge after killing a pedestrian while driving drunk.

Roxana Gomez

Eric Nesmith hit Roxana Gomez at Flatbush Avenue and St. Marks Avenue with a BMW sedan just after midnight on July 5, 2013, according to witness accounts and the Post. Gomez, 27, suffered massive head injuries. She died on July 10.

The Post reported that Nesmith, then 25, of Newark, had a BAC of .126 — the legal limit for driving is .08 — and ”admitted to cops he had consumed up to six Coronas” while celebrating Independence Day before the crash. FDNY first responders said he was speeding. But Nesmith was not charged with homicide by former Brooklyn DA Charles Hynes or Thompson, who unseated Hynes in last year’s election.

Nesmith pled guilty to operating a motor vehicle while intoxicated, an unclassified misdemeanor that carries a maximum sentence of a year in jail, three years probation, and a $1,000 fine. On April 8, Judge Raymond Rodriguez sentenced him to three years probation and a $500 fine, with no jail time, according to court records. Nesmith’s license was suspended for six months, the default penalty prescribed by state law.

Less than two weeks later, on April 21, Nesmith appeared in court for violating his probation, according to WebCrims, an online portal provided by the New York State Unified Court System. On April 24, court records say, his license was revoked.

On Friday, April 25, Streetsblog called Thompson’s office to confirm that the information posted on WebCrims was correct and, if so, to find out what Nesmith did to violate his probation. We were told to send an email to Sheila Stainback, Thompson’s communications director. Within half an hour, Stainback replied: “We’ll get back to you.”

Stainback emailed twice more that day. “FYI — you have inaccurate information, as there is no probation violation,” she wrote. The second email read: “I don’t know from where WebCrims receives it’s info, but it’s inaccurate on this matter.” Stainback said she would send us a “formal response” by Monday, April 27.

That response never came. Streetsblog followed up with Stainback by email on May 1, and asked if we should expect answers to our questions. “I do have a response,” Stainback replied. “Swamped right now — is tomorrow okay?” We wrote back that a response the following day would be fine, but Stainback didn’t contact us again.

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