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No Charges for Cab Driver Who Killed Two People on Bronx Sidewalk

Image: News 12

NYPD and the TLC are withholding the name of the cab driver who hit four people on a Bronx sidewalk, killing two. No charges were filed. Image: News 12

No charges have been filed against a cab driver who drove onto a sidewalk in the Bronx and killed a man and a young girl.

The crash happened at around 6:30 p.m. Friday. Reports say the 44-year-old driver, whose name is being withheld by NYPD and the Taxi and Limousine Commission, hit a parked car on a Grand Concourse service road, then crashed onto the sidewalk near a bus stop at E. 170th Street, about a block away, and ran over four people.

Kadeem Brown, 25, died at the scene. Five-year-old Tierre Clark died later at a hospital. A 55-year-old man and a 39-year-old woman, who according to some reports was Tierre’s mother, were hospitalized.

“The car came up driving on the sidewalk,” witness Ronald Luis told the Daily News. “After it hit the people, it hit the corner of the building and spun around. The whole front was smashed in.”

“On this side they were pressing on her chest — the little girl,” witness Raymond Fermin told WCBS. “I’m guessing also she couldn’t breathe. I wasn’t sure. The guy that was laying here on the floor — they weren’t giving him any treatment. I guess he was already gone.”

Photos and video footage from the scene show the heavily-damaged cab at rest against a building. WABC noted that there are cameras attached to a neighboring building.

No arrests were made and an investigation is ongoing, according to NYPD and the office of Bronx District Attorney Robert Johnson. News 12 reported that police believed the driver was speeding. The Daily News said NYPD was looking into whether the driver “was having a medical episode.”

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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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DAs Insist They Don’t Call Car Crashes “Accidents,” Except When They Do

Queens DA Richard Brown, Manhattan DA Cy Vance, and Bronx DA Robert Johnson.

Queens DA Richard Brown, Manhattan DA Cy Vance, and Bronx DA Robert Johnson.

Among the demands Families For Safe Streets is making of district attorneys, one of the simpler changes is to stop using the word “accident” to describe traffic collisions. In exchanges this week, the offices of three district attorneys said in no uncertain terms that they already refrain from using the word “accident” in this manner. But that’s not actually the case.

Even former Police Commissioner Ray Kelly eventually came to the conclusion that the words we use to describe traffic violence matter. He directed NYPD in 2013 to adopt the word “collision” instead of “accident,” because “the term ‘accident’ has sometimes given the inaccurate impression or connotation that there is no fault or liability associated with a specific event.” An “accident” is unavoidable, absolving people of responsibility, but a “crash” or “collision” has causes and can be traced to people’s actions.

In statements, DAs seem to understand this and claim to have dropped the word “accident” years ago. But in practice, they continue to call it an “accident” whenever a driver kills someone without receiving any criminal charge — which means the vast majority of the time.

“Prosecutors citywide have always called these cases ‘crashes,'” said Terry Raskyn, a spokesperson for Bronx DA Robert Johnson. She credited pressure from DAs in getting both NYPD and the DMV to stop using “accidents” as an official term in 2013. “We’ve spent 20 years objecting at trial to the defense attorneys characterizing them as accidents,” she said.

Yet in an accompanying statement explaining why he does not pursue charges against more drivers, Johnson said: “The legislature and the courts have outlined the rules for separating crimes from accidents. We go to great lengths to gather all available evidence in such cases, and then evaluate that evidence based on the state of the law. We make every effort to do as much as the law allows.”

Johnson isn’t the only district attorney so quick to discard the more neutral terminology. “Since DA Vance took office in 2010, this office has used the following terminology: crashes, collisions, and strikes,” said Vance spokesperson Joan Vollero. “We do not use the word ‘accident.'”

But when former Police Commissioner Howard Safir struck a woman before driving off in 2010, Vance’s office described it as an “accident” before deciding not to pursue charges. When asked about vehicular violence in November, Vance himself said “a prosecution is not necessarily a following event after a tragic accident.” And just yesterday, Vance fell back on the word “accident” three times to explain why he rarely prosecutes reckless drivers.

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Unlicensed, Hit-and-Run Drivers Kill First NYC Pedestrian Victims of 2015

Motorists struck four pedestrians in two crashes in Manhattan and the Bronx over the weekend, killing two victims. One driver in the Bronx was charged with leaving the scene and reckless driving, while another remains at large. The Manhattan motorist, operating a vehicle with TLC plates, was ticketed for driving without a license, though NYPD blamed the victims in the press. The drivers were not charged for causing death and injury by NYPD or district attorneys Cy Vance and Robert Johnson.

Wesley Mensing was killed and Erin Sauchelli injured by the driver of a vehicle with TLC plates. The driver was ticketed for unlicensed driving but was not charged with a crime by NYPD or Manhattan DA Cy Vance. Photo via Post

Wesley Mensing was killed and Erin Sauchelli injured by the driver of a vehicle with TLC plates. The driver was ticketed for unlicensed driving but was not charged with a crime by NYPD or Manhattan DA Cy Vance. Photo via New York Post

At approximately 7:18 p.m. Saturday, Wesley Mensing and Erin Sauchelli were crossing E. 62nd Street at Lexington Avenue north to south when Aliou Diallo, eastbound on 62nd, drove a Mercedes SUV into them, according to NYPD, the Post, and the Daily News.

Mensing, 27, a noted golf instructor who lived in Scotch Plains, New Jersey, died at the scene. He was the first known New York City pedestrian fatality of 2015. Sauchelli, 30, was hospitalized with head and leg injuries.

Diallo was summonsed — but was not charged criminally — for unlicensed driving, NYPD said. Citing unnamed police sources, the Post reported that Mensing and Sauchelli were “not in the crosswalk,” and an NYPD spokesperson told Streetsblog they were crossing E. 62nd between Lexington and Third Avenue. Yet photos of the scene show the SUV sitting on E. 62nd just a few feet from the intersection, which seems to indicate that Mensing and Sauchelli were struck within or very close to the crosswalk.

NYPD has a history of relying solely on driver testimony when investigating pedestrian and cyclist deaths. Since the Right of Way Law took effect last August, expressly making it a misdemeanor offense for motorists to injure or kill people with the right of way, police have repeatedly blamed deceased pedestrians by claiming they were outside a crosswalk when they were struck by motorists.

NYPD had no information on how fast Diallo was driving, or how he failed to see two people in the street in front of him. Regardless of how the crash occurred, it is a crime in New York State to drive a vehicle if you know or have reason to know you don’t have a valid license. The investigation is “ongoing,” according to NYPD.

Also at issue is how an alleged unlicensed driver was allowed to operate a TLC-licensed vehicle. Saturday’s crash marked at least the second time in the past year that an accused unlicensed driver killed a pedestrian or cyclist with a livery cab. Streetsblog has asked the TLC for information on the livery base associated with the SUV Diallo was driving and whether Diallo had a current hack license at the time of the crash.

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DA Robert Johnson: No Charges for Driver Who Killed Child on Bronx Sidewalk

Bronx DA Robert Johnson filed no charges against the driver who hit 10 people, including at least three children, on a sidewalk outside a school, killing 8-year-old Rylee Ramos.

Bronx District Attorney Robert Johnson filed no charges against the driver who hit 10 people, including at least three children, on a sidewalk outside a Kingsbridge Heights school, killing 8-year-old Rylee Ramos.

Bronx District Attorney Robert Johnson filed no charges against a motorist who drove on a sidewalk outside a Bronx school in October, striking 10 people and killing 8-year-old Rylee Ramos.

New York City motorists have killed at least eight children age 14 and under in 2014 — one in the Bronx, two in Manhattan, and five in Brooklyn — according to crash data compiled by Streetsblog. NYPD and city DAs charged just one driver for causing a death.

On Friday, October 24, Sonia Rodriguez backed onto a curb outside PS 307 on Eames Place in Kingsbridge Heights as children exited the school after dismissal, according to the Daily News. At least three of the people she hit were children. A classmate and friend of Rylee’s was hospitalized, along with a 4-year-old girl and four women, the News said. Rylee’s mother was among the victims.

Rodriguez pinned Rylee to a pole with her car. “She must have not put her brakes on, and the car comes zooming out toward where the kids are coming out of the school,” witness Lenora Croft told the Daily News, which posted video of the crash. “What finally stopped the car was the green pole — and that’s where the little girl was standing.”

Rylee was pronounced dead at Saint Barnabas Hospital.

The Times reported in October that Rodriguez was questioned and released by NYPD. At that time a source with Johnson’s office told Streetsblog the crash was under investigation.

That was seven weeks ago. When as of last week the case hadn’t turned up in an online database of court records — likely indicating that no charges were filed — Streetsblog asked Johnson’s office for an update. Our message was not returned.

On December 11, the Riverdale Press reported that Rodriguez, whom the paper did not identify by name, “has not been charged, though police said an investigation is ongoing.”

Some perspective on “ongoing” crash investigations: The investigation into the death of 9-year-old Cooper Stock was officially open for months after Manhattan DA Cy Vance’s office told family members no charges would be filed against the cab driver who killed him.

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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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15-Day Maximum Sentence for Unlicensed Driver Who Killed Bronx Senior

An unlicensed driver who killed a pedestrian in the Bronx last year was charged with only a traffic infraction that carries a nominal fine and a maximum 15-day jail term.

Bronx District Attorney Robert Johnson charged an unlicensed driver with a traffic infraction for a crash that killed an 82-year-old pedestrian.

Bronx District Attorney Robert Johnson charged an unlicensed driver with a traffic infraction for a crash that killed an 82-year-old pedestrian.

Nabaali Cletus hit 82-year-old Manuel Verdesoto with a Volvo as the senior crossed White Plains Road at Watson Avenue on the evening of May 15, 2013, according to reports.

photo from the scene showed two severe impact points to the destroyed windshield, and a dent in the hood, indicating that Verdesoto was thrown onto the vehicle with tremendous force. He died at Jacobi Hospital.

Police said Cletus, then 46, had a forged New York State photo ID and was not licensed to drive. Reports published soon after the crash said he was charged with possession of a forged instrument and driving without a license.

Cletus was not charged by NYPD or Bronx District Attorney Robert Johnson for killing Verdesoto. Nor was he charged with aggravated unlicensed operation, a misdemeanor that normally serves as the default charge issued by city prosecutors when an unlicensed driver kills a pedestrian or cyclist.

Currently the sole charge against Cletus is operating a motor vehicle by an unlicensed driver, according to court records — an infraction that carries a maximum penalty of 15 days in jail and a $300 fine.

Court records say Cletus was in court most recently on July 24. He is scheduled for another court date in September.

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Bronx Hit-and-Run Driver Who Killed Abigail Lino Gets Six Months in Jail

A hit-and-run driver who killed a woman in the Bronx in 2013 will serve six months in jail.

Harlem resident Abigail Lino, 24, was crossing Bruckner Avenue near a Longwood club at around 3 a.m. last August 31 when Leroy Forest hit her with “a speeding silver SUV,” according to the Daily News:

Abigail Lino. Photo via DNAinfo

Witnesses said Lino’s body was thrown in the air by the callous driver before she came to rest in the center of the street. The driver sped off into the early morning darkness, police said.

“It’s hard to think about … we had just been inside having a good time. It’s really hard to believe,” said Ayalla Ingram, 24, who was walking with Lino moments before the accident.

“The car didn’t even slow down,” Taylor added. “It actually looked like it sped up (after it hit her).”

Lino worked for UPS and was a caregiver for her then-20-year-old sister, who has Down syndrome. She was also raising the young child of an ex, reports said.

Forest, of the Bronx, was arrested the day after the crash. According to court records, Forest pled guilty in May to leaving the scene of an accident resulting in injury, a class D felony punishable by up to seven years in jail, and which also allows for no jail time, or probation.

Leaving the scene was the top charge against Forest. Last week he was sentenced to six months in jail and five years probation. It is not known how the sentence will affect his driving privileges.

New York State law gives some drivers an incentive to leave the scene of a serious crash. The penalty for hit-and-run is less severe than the penalty for drunk driving, and cases hinge on the courts’ ability to divine driver intent, which makes “I didn’t see her” a viable defense. Reforming the laws is one of the goals of Mayor de Blasio’s Vision Zero plan, but Albany lawmakers have for years failed to pass legislation that would toughen hit-and-run penalties.

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Driver Who Killed Bronx Pedestrian Pleads to Leaving Scene

A hit-and-run motorist who killed a Bronx pedestrian in a 2013 crash pled guilty last week to leaving the scene, but could be sentenced to as little as probation.

Abigail Lino. Photo via DNAinfo

Harlem resident Abigail Lino, 24, was outside a Bruckner Avenue club in Longwood at around 3 a.m. last August 31, reports said, when a security guard warned that someone had a gun and she and others went running.

She was hit in the street by Leroy Forest, who was driving “a speeding silver SUV,” according to the Daily News:

Witnesses said Lino’s body was thrown in the air by the callous driver before she came to rest in the center of the street. The driver sped off into the early morning darkness, police said.

“It’s hard to think about … we had just been inside having a good time. It’s really hard to believe,” said Ayalla Ingram, 24, who was walking with Lino moments before the accident.

“The car didn’t even slow down,” Taylor added. “It actually looked like it sped up (after it hit her).”

Lino worked for UPS and was a caregiver for her then-20-year-old sister, who has Down syndrome. She was also raising the young child of an ex, according to reports.

Forest, of the Bronx, was arrested the day after the crash. According to court records, Forest pled guilty on May 1 to leaving the scene of an accident resulting in injury, a class D felony punishable by up to seven years in jail, and which also allows for no jail time, or probation.

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Bronx DWI Pedestrian Killer Gets 90 Days and Six-Month License Suspension

A judge sentenced a convicted drunk driver to just 90 days in jail and a six-month license suspension for killing a pedestrian in the Bronx.

Thomas Riley, 23, was crossing East Fordham Road near Bathgate Avenue at around 4:20 a.m. on March 20, 2011, when 48-year-old Seth Johnson struck and killed him with a minivan, according to a Post story published the day after the crash.

Victim Thomas Riley and his son Julien. Photo via Daily News

Victim Thomas Riley and his son Julien. Photo via Daily News

Riley worked as a barber and had a young son. “My family is now torn apart because a drunk driver took his life away,” Riley’s sister told the Post.

Johnson was charged by Bronx District Attorney Robert Johnson with manslaughter, homicide, speeding, reckless driving, leaving the scene, and separate counts of driving while under the influence of alcohol and drugs. Last December a jury acquitted Johnson of manslaughter, homicide, and leaving the scene, finding him guilty on one count of driving drunk and one count of driving while impaired by drugs and alcohol.

“As a prosecutor, I accept the verdict of the jury,” Bronx vehicular crime chief Joe McCormack told Streetsblog after the trial. “We brought what we felt were appropriate charges, and we did the best we could trying the case.”

Johnson faced a year in jail, but on March 28, Judge Nicholas J. Iacovetta sentenced him to 90 days, three years probation, and $870 in fines, according to court records. His license was suspended for six months. So unless the New York State DMV takes action to keep him off the road, Johnson could driving again before long.

From the Daily News:

“He will be in jail for less than three months and I have to live with a life sentence,” the victim’s mother, Aurea Rivera, said after Bronx Supreme Court Justice Nicholas Iacovetta read the decision. “I want the laws changed so that no one else has to suffer like us.”

Rivera, joined in the courtroom by nearly a dozen friends and relatives, read a statement before the court and called on Mayor de Blasio and other elected officials to toughen vehicular manslaughter and drunk driving laws.

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