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No Charges for Driver Who Killed 26-Year-Old Terrence Montrose

rockaway_point_blvd

A driver struck and killed Terrence Montrose, 26, on this stretch of Rockaway Point Boulevard shortly after midnight Sunday. Image: Google Maps

A driver struck and killed Terrence Montrose, 26, as he was walking along Rockaway Point Boulevard in Breezy Point, Queens, just after midnight on Sunday.

The 22-year-old driver, whose name has not been released by police, remained at the scene, and no charges were filed. NYPD says an investigation is ongoing.

According to NYPD, Montrose, who lived in East New York, was walking “in the eastbound travel lane” just east of Beach 193rd Street by Fort Tilden when the driver struck him from behind. The driver’s 2005 Toyota Sienna had a smashed windshield and dented front end from the force of the collision, the Daily News reported. NYPD did not provide any information on the driver’s speed at the time of the crash.

The crash occurred in the 100th Precinct and in the City Council district represented by Eric Ulrich. If you would like to express concerns to the NYPD about pedestrian and traffic safety in the neighborhood, the 100th Precinct’s community council meets this Wednesday at 7:30 p.m. in the Knights of Columbus Hall, 333 Beach 90th Street.

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Bill Bratton Is in Denial About NYPD’s Deadly Drunk Driving Problem

Andrew Esquivel was struck and killed on a Brooklyn sidewalk by an off-duty NYPD officer accused of DWI and manslaughter. Drunk off-duty cops are known or alleged to have killed at least five people since 2009, and arrests are frequent, but Police Commissioner Bill Bratton says that’s “not a problem.”

Andrew Esquivel was struck and killed on a Brooklyn sidewalk by an off-duty NYPD officer accused of DWI and manslaughter. Drunk off-duty cops are known or alleged to have killed at least five people since 2009, and arrests are frequent, but Police Commissioner Bill Bratton says that’s “not a problem.” Bratton photo: Policy Exchange/Flickr

In the aftermath of another civilian death at the hands of an allegedly intoxicated off-duty officer, Police Commissioner Bill Bratton says drunk driving cops are not a problem at NYPD.

Nicholas Batka, 28, drove onto the sidewalk at Bedford Avenue and North Eighth Street in Williamsburg at around 3:10 a.m. Saturday, striking Andrew Esquivel and three friends. Esquivel, a 21-year-old student, was killed. The other victims were all seriously injured.

Batka jumped into the passenger seat and claimed he wasn’t driving, according to reports, and bystanders had to surround his SUV to prevent him from fleeing. Court records said Batka “had bloodshot eyes, slurred speech and the odor of alcohol on his breath,” the Times reported.

A transit cop who had been on the force less than two years, Batka was due back on the job at 7 a.m.

Batka was charged with assault, manslaughter, homicide, and driving while intoxicated. On Wednesday Bratton said that Batka had been fired. According to the Times, two other officers who were with Batka before the crash had their guns and badges taken as investigators look into whether they drove drunk that night as well.

Though Bratton said “drunken-driving episodes” involving NYPD officers occur around three times a month and that the department would take a “closer look,” he played down the issue.

“That is not a problem in the department,” Bratton said, “but we treat it very seriously.”

The death of Andrew Esquivel is not an isolated case. There is no known data set of off-duty police crashes, but here’s a sampling of mayhem caused by alleged or known drunk-driving NYPD personnel in recent years:

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Driver Backing Up to Park Severely Injures Cyclist in Middle Village [Updated]

Lutheran Avenue, where a driver backing up to park injured a cyclist today. Image: Google Maps

Lutheran Avenue, where a driver backing up to park injured a cyclist today. Image: Google Maps

A driver in pursuit of a parking spot severely injured a cyclist in Queens this morning.

The victim, a 64-year-old man, was traveling northbound on Lutheran Avenue, near Juniper Valley Park in Middle Village, at about 8:35 a.m., NYPD told Streetsblog. Near the intersection of Juniper Boulevard North, a 71-year-old backing up to park hit him with a Honda sedan.

The victim was pinned under the car and sustained lower body trauma and injuries to his right leg, police said. He was taken to Elmhurst Hospital in critical condition.

The Daily News spoke with teachers at nearby Learning Tree Nursery School, who were on the scene. Teresa Kava said the victim’s feet were “‘mangled’ by the car tires.” Said Tracy Neuweiler, a second witness: “He was conscious. He thought he was going to die.”

NYPD had not released the identities of the victim or the driver as of this afternoon. No charges were filed, police said, and the investigation is ongoing.

DOT is planning bike lanes in western Queens neighborhoods, with bike lanes or sharrows proposed for the street where today's crash occurred, circled in pink. Image: DOT

DOT is planning bike lanes in western Queens neighborhoods, with bike lanes or sharrows proposed for part of the street where today’s crash occurred, circled in pink. Image: DOT

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Driver Charged Under ROW Law After Killing Teresa Martinelli, 79, in Midtown

Teresa Martinelli was fatally injured by a motorist at Second Avenue and E. 58th Street on July 1.

Teresa Martinelli was fatally injured by a motorist at Second Avenue and E. 58th Street on July 1. Image: Google Maps

A senior hit by a driver in Midtown earlier this month has died. NYPD charged the driver with violating the victim’s right of way.

Teresa Martinelli, 79, was “knocked out of her floral print shoes” when Mieczyslaw Truskowski hit her with a Toyota pick-up truck as she crossed at Second Avenue and E. 58th Street at around 11 a.m. on July 1, the Daily News reported.

“She was breathing but bleeding out of her ears and mouth,” a witness told the News. “Her feet were underneath the truck. One leg was mangled, the other broken. I rushed up to her but didn’t dare move her. I wanted to try to help if I could, but there wasn’t much help to give.”

The location of Truskowski’s truck in a Daily News photo suggests he was turning left from southbound Second onto E. 58th, which is one-way eastbound, when the collision occurred.

Martinelli was transported to New York Presbyterian/Weill Cornell Medical Center in critical condition. The NYPD public information office told Streetsblog she died from her injuries.

Police arrested 63-year-old Truskowski and charged him with failing to yield, according to NYPD.

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Victim-Blaming Commences After Bruckner Boulevard Claims Another Life

Was this driver adhering to the 25 miles per hour speed limit before fatally striking a pedestrian on Bruckner Boulevard?Does it matter to NYPD? Image: News 12

Was this driver adhering to the 25 miles per hour speed limit before fatally striking a pedestrian on Bruckner Boulevard? Does it matter to NYPD? Image: News 12

A motorist struck and killed a man last night on Bruckner Boulevard, a Bronx street designed to facilitate speeding and one of the borough’s most dangerous places to walk.

The victim was attempting to cross Bruckner near East 149th Street at around 12:30 a.m. Monday when he was hit by the driver of a BMW SUV. The impact was severe enough to cause major damage to the vehicle and, according to police, injure the driver and a passenger. Images show the SUV with a concave grille and hood and a hole in the windshield.

News 12 aired video of what happened immediately after impact:

Surveillance video of the accident appears to show the person hit being dragged several feet by the SUV. The vehicle smokes up, and a police car and other vehicles soon make their way over to the crash.

The victim was a 23-year-old man whose name had not been released by NYPD as of late this morning, pending family notification.

The speed limit on Bruckner Boulevard is 25 miles per hour. But the street, which runs below the Bruckner Expressway, is designed like a highway, with up to 10 lanes in some locations, counting service roads and turn lanes (see Google Maps embed below). With five deaths from 2012 to 2014, drivers killed more pedestrians on Bruckner Boulevard than on any other Bronx street except the Grand Concourse, according to the Tri-State Transportation Campaign.

DOT identified Bruckner Boulevard as a priority for safety fixes in the Vision Zero Bronx pedestrian safety action plan. “Bruckner Boulevard is a very wide, multi-lane boulevard,” DOT project manager Kimberly Rancourt told Bronx Community Board 2 last year. “It has lots of traffic but it also has excess space that isn’t needed for capacity.”

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Driver Who Killed Senior in Queens Crosswalk Not Charged With a Crime

A driver turning left fatally struck Mary Alice D’Amico as she crossed Myrtle Avenue at Fresh Pond Road. The white line represents D’Amico’s path through the intersection — it is unknown which direction she was walking — and the red arrow indicates the path of the driver. Image: Google Maps

A driver turning left fatally struck Mary Alice D’Amico as she crossed Myrtle Avenue at Fresh Pond Road. The white line represents D’Amico’s path through the intersection — it is unknown which direction she was walking — and the red arrow indicates the path of the driver. Image: Google Maps

A motorist who killed a senior in a Ridgewood crosswalk was summonsed for failing to yield, but NYPD did not charge her with a misdemeanor under the Right of Way Law.

Mary Alice D’Amico was crossing Myrtle Avenue at Fresh Pond Road at around 9:50 a.m. on May 14 when a driver making a left turn from Fresh Pond onto Myrtle struck her with a Nissan compact, according to NYPD, the Daily News, and the Ridgewood Times.

D’Amico, 76, was hospitalized. She died from her injuries this week.

Though the victim was severely injured, and police determined the driver failed to yield, the driver was summonsed under a Right of Way Law provision that applies to failure-to-yield cases that don’t involve injury.

Last year Mayor de Blasio’s office said that, in addition to misdemeanor cases handled by the Collision Investigation Squad, precinct officers are issuing Section 19-190 summonses for failure-to-yield violations that don’t result in physical harm. The violations are classified as traffic infractions, not crimes, and are subject to a $250 fine. For some perspective, the fine for running a red light on a bike in New York City is $190.

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CDC: America Falling Behind Other Nations on Traffic Safety

The U.S. is falling behind peer nations in traffic safety -- any way you measure it. Source: CDC

America is falling behind peer nations on traffic safety — any way you measure it. Source: CDC

How is the U.S. doing on traffic safety?

To hear a lot of people tell it, we’re making great strides. President Obama recently referred to the reduction in American traffic deaths as a success story of sorts, contrasting it with the rise in gun deaths.

But while traffic fatalities in America are indeed trending downward, the improvement pales in comparison to what other countries have achieved, according to a new report from the Centers for Disease Control.

In America, the per capita traffic fatality rate fell 31 percent from 2000 to 2013, nowhere near the 56 percent improvement in 19 high-income countries over the same period. In fact, all 19 performed better than the U.S., with the best performer, Spain, managing to reduce the traffic fatality rate 75 percent.

As of 2013, America’s traffic death rate per person was about double the average of the peer nations, the CDC reports. Even measuring traffic fatality rates based on miles driven instead of population (which makes the sprawling, car-centric U.S. look better), America still has the fifth-worst safety record of the 19 nations.

If America instantly achieved the traffic death rate of the safest country, Sweden, an incredible 24,000 lives would be saved each year.

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Hit-and-Run Driver Murders Cyclist, So 90th Precinct Tickets People on Bikes

A hit-and-run driver killed a cyclist in Williamsburg this weekend. Though police believe the motorist ran over the victim on purpose, the 90th Precinct responded by ticketing cyclists and handing out bike safety fliers.

Matthew Von Ohlen. Photo via Gothamist

Matthew von Ohlen. Photo via Gothamist

Matthew von Ohlen, 35, was riding his bike east on Grand Street between Manhattan Avenue and Graham Avenue at around 2:20 a.m. Saturday when the driver of a late model Camaro approached from behind. Police told WPIX the driver then slowed and edged into the bike lane.

The driver then hit Van Ohen’s [sic] rear tire and as the victim fell off his bike, the driver slammed into him again, running over him and dragging him about 20 to 30 feet.

The driver then sped off, heading east on Grand Street.

Video posted by Gothamist shows the motorist enter the painted bike lane and drive away, leaving the victim’s body in the street.

Von Ohlen was a co-founder of Bikestock, which operates bike repair vending machines in NYC and Massachusetts. The Daily News reported that he was on his way home from a bartending shift in Manhattan when he was killed.

WPIX posted footage of 90th Precinct officers ticketing cyclists at the scene of the crash. Gothamist said cops, shown blocking the bike lane in the WPIX story, were also handing out NYPD “Operation Safe Cycle” leaflets.

“When [cyclists] got to the intersection of Grand and Graham on their way, police officers were there to stop them and hand out pamphlets on cyclist safety,” Williamsburg resident Greg Fertel told Gothamist. “I found this to be pretty enraging — I don’t think that this was an issue of cyclist safety.”

Cops from the 90th Precinct, blocking the bike lane where Von Ohlen was killed by a homicide suspect, ticket cyclists and lecture them on bike safety. Image: WPIX

Cops from the 90th Precinct, blocking the bike lane where Von Ohlen was killed by a homicide suspect, ticket cyclists and lecture them on bike safety. Image: WPIX

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Why No Charges From Cy Vance for Hit-and-Run Killing of Noah Goldstein?

Manhattan District Attorney Cy Vance's office declined to comment on the hit-and-run death of Noah Goldstein.

Manhattan District Attorney Cy Vance’s office declined to comment on its investigation of the hit-and-run death of Noah Goldstein.

Nearly two weeks have passed since a sanitation truck driver struck and killed 21-year-old Noah Goldstein near Columbus Circle and left the scene. The driver has been identified, yet police and Manhattan DA Cy Vance have filed no charges. The truck operator who killed Goldstein is free to keep driving on NYC streets.

NYPD and Vance say an investigation is ongoing but otherwise offered no explanation for the lack of charges when Streetsblog asked for an update on the case today.

Police found Goldstein lying in the crosswalk at Broadway and West 61st Street at around 3:15 a.m. the morning of June 18, a Saturday. The driver was not on the scene when police arrived but was later identified. NYPD confirmed to Streetsblog this morning that the driver works for a private sanitation firm.

At Tuesday night’s 20th Precinct Community Council meeting, Captain Levon Holley said the driver “may not have known that he struck an individual” and that investigators are “not pursuing any criminal charges at this time,” the West Side Rag reported. “Evidence points to it being an accident due to the fact that it was a garbage truck,” he said.

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Brooklyn DA Charges Driver With Manslaughter for Killing Victoria Nicodemus

The allegedly unlicensed driver who killed Victoria Nicodemus on the sidewalk faces a maximum penalty of 30 days in jail and a $500 fine. Her family says Brooklyn DA Ken Thompson is OK with that.

After getting pressure from the victim’s family, DA Ken Thompson, right, filed felony charges against the driver who veered onto a Fort Greene sidewalk and killed Victoria Nicodemus, left, in December.

A grand jury has indicted Marlon Sewell for second-degree manslaughter six months after he jumped a curb in Fort Greene and killed 30-year-old Victoria Nicodemus while driving with a suspended license, Gothamist reports. Brooklyn DA Ken Thompson had refrained from pressing felony charges until Nicodemus’s family pressured his office to take action.

On December 6, Sewell, driving a Chevy SUV on eastbound Fulton Street, veered onto a crowded sidewalk instead of slowing down for a bus pulling into a stop near S. Portland Avenue, according to witnesses. He struck Nicodemus, her boyfriend, and another person.

“The bus stop was right there. He didn’t realize it was stopping,” a witness told the Daily News. “The driver went up on the curb trying to avoid it. He was going pretty fast.”

At first Thompson charged Sewell only with aggravated unlicensed operation of a motor vehicle, an unclassified misdemeanor, and operating a motor vehicle uninsured, a traffic infraction. The maximum penalty for the misdemeanor is 30 days in jail and a $500 fine.

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