A letter from District Attorney Richard Brown’s office explaining why no charges were filed against the driver who killed 3-year-old Allison Liao offers disturbing insight into the mindset of prosecutors charged with holding motorists accountable for serious traffic crashes in Queens.
The crash was captured on video. On the afternoon of October 6, 2013, Allison was walking hand in hand with her grandmother in a crosswalk at Main Street and Cherry Avenue in Flushing when the driver approached from behind and to their right. The motorist turned directly into them, striking both with the front corner of his SUV and pulling Allison under the left wheels. Her grandmother, Chin Hua Liao, was injured.
Police summonsed Ahmad Abu-Zayedeh for failure to yield and careless driving. Neither NYPD nor Brown filed criminal charges against him, despite concluding that Allison and Chin Hua had the right of way.
According to a civil suit filed by Chin Hua and Allison’s father, Hsi-Pei Liao, Abu-Zayedeh told police he had consumed two glasses of wine before the crash. Abu-Zayedeh tested positive for alcohol in his bloodstream, the suit says, but his BAC threshold was below the .08 legal limit for driving.
Even with video evidence, unless a driver is drunk, New York City prosecutors rarely charge for injuring and killing pedestrians and cyclists. Brown, for example, filed no charges against a motorist who drove onto a Maspeth sidewalk and hit five children, one of whom died shortly after the crash.
A December 2013 letter to City Council Member Peter Koo from Charles A. Testagrossa [PDF], the assistant district attorney who supervises investigations and prosecutions of fatal crashes in Queens, says the DA didn’t prosecute the driver who killed Allison Liao because he had a green light and stayed at the scene.
As you know, the accident occurred as Allison crossed Main Street in a crosswalk with her grandmother. The motorist who struck her had a valid driver’s license and a green light to make a left turn. The driver remained on the scene and waited for police to arrive. The driver was administered two breathalyzer tests (PBTs) on the scene and the results of the test did not rise to the level of impairment. In fact, the PBT readings were such that, pursuant to Vehicle and Traffic Law (VTL) Sect. 1195(2)(b), they were “prima facie evidence that the ability of such person to operate a motor vehicle was not impaired by the consumption of alcohol and that such person was not in an intoxicated condition.” Additionally, there was no evidence of excessive speed or phone usage at the time of the collision.