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NYPD Tickets Driver After Blaming Staten Island Teen for Her Own Death

After initially blaming the victim in the press, NYPD issued a careless driving summons to the monster truck driver who killed 15-year-old Jenna Daniels as she jogged along a Staten Island street last winter. The department refused to release the driver’s name or disclose how he was penalized, the Staten Island Advance reports.

After blaming Jenna Daniels for her own death, NYPD found the motorist who hit her failed to exercise due care.  Photo via Staten Island Advance

After blaming Jenna Daniels for her own death, NYPD found the motorist who hit her failed to exercise due care. Photo via Staten Island Advance

The driver hit Daniels with a pickup truck as he made a left turn from Hylan Boulevard onto Bayview Avenue in Prince’s Bay on the afternoon of November 15, according to the Advance. Police said Daniels was on Hylan, crossing Bayview from west to east, when she was struck. She suffered severe head trauma and was declared dead on arrival at the hospital.

Photos taken at the scene showed a black Ford F-150 with a raised chassis, oversized aftermarket wheels, a blacked-out grille and front bumper, and tinted headlights. In the photos, the truck is sitting in the street a few yards from the crosswalk.

In November, before completing an investigation, NYPD issued a “preliminary” finding that Daniels was jogging “outside the crosswalk … with headphones in her ears.” Jogging with headphones is legal, and according to attorney Steve Vaccaro, mid-block crossings are permitted on the street where the crash occurred.

While NYPD emphasized Daniels’s actions, the driver’s speed at the time of the collision “was not recorded as part of the CIS report.” The driver was ticketed for tinted windows, but police said they “did not contribute to the crash.”

In November NYPD told the Advance the driver “had the right of way” and that “pedestrian error: crossing outside marked crosswalk” caused the crash. But in March, with a “months-long investigation” complete, the Advance reported that police summonsed the driver for failure to exercise due care.

Despite NYPD’s determination that the motorist was driving carelessly, and the absence of evidence that the victim was breaking traffic rules, an NYPD spokesperson said Daniels “contributed to the collision.”

NYPD continued to shield the driver’s identity and “declined to divulge the driver’s punishment,” the Advance reported.

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Cy Vance: $580 Fine for Driver Who Killed 9-Year-Old Cooper Stock

Following a plea deal agreed to by Manhattan DA Cy Vance, the driver who killed Cooper Stock in a crosswalk was fined $580 and lost his driving privileges for six months.

Following a plea deal agreed to by Manhattan DA Cy Vance, the driver who killed Cooper Stock in a crosswalk was fined $580 and lost his driving privileges for six months.

In separate stories published yesterday, family members of Marilyn Dershowitz and Cooper Stock, both lost to traffic violence, criticized Manhattan District Attorney Cy Vance for his reluctance to file serious charges against motorists who kill people.

Vance declined to apply criminal charges against Koffi Komlani, the cab driver who struck 9-year-old Cooper and his father as the two walked hand in hand in an Upper West Side crosswalk in January 2014. Cooper was killed, his father was injured, and it took Vance 11 months to charge Komlani with two traffic offenses — careless driving and failure to yield.

Komlani’s attorney said weather caused the crash, the same excuse Vance’s office gave Cooper’s family for not pursuing a criminal case.

On Monday, according to the Post, prosecutors agreed to a plea arrangement for Komlani: a $580 fine and a six-month license suspension. Komlani’s attorney said Vance’s office did not ask for jail time, which would have maxed out at 15 days.

[Cooper’s mother Dana] Lerner said District Attorney Cyrus Vance Jr.’s office told her they needed two misdemeanors to charge Komlani criminally — even though the prosecutor campaigned on getting rid of that case law precedent, referred to as the “rule of two.”

“It goes without saying that what happened here today does not even begin to bring justice in the death of my son Cooper Stock,” said a statement from Lerner, read yesterday in court. “Giving this man a traffic ticket for killing my son is an insult to us and to Cooper’s memory. Is a life worth nothing more than a traffic ticket?”

The New York Press reports that a civil jury last week ruled U.S. Postal Service driver Ian Clement at fault for killing cyclist Marilyn Dershowitz in 2011. Clement ran Dershowitz over, stopped his truck for a moment, then drove away. He was cleared by a jury of leaving the scene, a charge filed by Vance after the Dershowitz family complained to the media about the DA’s handling of the case.

The Press reports that Judge Sarah Netburn ruled Clement “was negligent in his operation of his vehicle, causing the accident and [Dershowitz’s] death.”

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NYPD: Drivers Injured 816 Pedestrians and Cyclists in February, and Killed 11

Image: NYPD

Image: NYPD

Fifteen people died in New York City traffic in February, and 2,979 were injured, according to the latest NYPD crash data report [PDF].

As of the end of February, 18 pedestrians and cyclists were reported killed by city motorists this year, and 1,833 injured, compared to 22 deaths and 2,105 injuries for the same period in 2014. Drivers injured fewer pedestrians and cyclists in February than in any other month since at least January 2012, according to NYPD data.

Citywide, at least 11 pedestrians were fatally struck by drivers: one in Manhattan; two in the Bronx; three in Brooklyn; and five in Queens. Among the victims were Kamil Gorski, Marco Orellana, Regina Stevenson, Yu-O Pan, Isaak Trakhtenberg, Jao Lin Zhu, Martin Hernandez Tufino, Daniel Cabrera, Kenny Valette, and an unnamed female pedestrian in Queens. Motorists killed at least two seniors in February: Isaak Trakhtenberg, 83; and Jao Lin Zhu, 80.

NYPD reported no cyclist deaths in February.

Across the city, 735 pedestrians and 81 cyclists were reported hurt in collisions with motor vehicles. Per NYPD policy, few of these crashes were investigated by trained officers.

Of 10 fatal crashes on surface streets reported by Streetsblog and other outlets, one motorist was known to have been charged for causing a death. Based on NYPD and media accounts, at least four victims were likely walking or cycling with the right of way when they were struck, but police and district attorneys are known to have applied the city’s Right of Way Law in only one of those crashes. Historically, nearly half of motorists who kill a New York City pedestrian or cyclist do not receive so much as a citation for careless driving.

In two cases after a pedestrian was killed police blamed the victim in the press.

Two motorists and two passengers died in the city in February; 1,041 and 1,122 were injured, respectively.

There were 15,599 motor vehicle crashes in the city last month, including 2,220 that resulted in injury or death.

NYPD had not posted citywide February summons data as of this writing. NYPD posts geocoded crash data here. Crash and summons data from prior months is available in multiple formats here.

After the jump: contributing factors for crashes resulting in injury and death.

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Two People Were Killed in This Crash and the Bronx DA Hasn’t Filed Charges

Warning: Graphic video

Update: DNAinfo reported that the victim in the video is Manuel Quiñones, who was hospitalized in critical condition. The Post reported that the victim is Kadeem Brown. This post has been edited to reflect uncertainty of the victim’s identity. The green cab driver was identified by the Post and the Daily News as Emilio Garcia.

Video posted online shows a speeding green cab driver strike a pedestrian on the Grand Concourse. The driver killed Kadeem Brown and 5-year-old Tierre Clark and injured two others. No charges were filed by NYPD or Bronx District Attorney Robert Johnson.

Bronx DA Robert Johnson

Bronx DA Robert Johnson

The crash happened at the Grand Concourse and E. 170th Street on March 20. The video, posted on Facebook by a man who identified himself as the owner of a bodega on the northeast corner of the intersection, shows the green cab driver strike a victim at high speed on a Concourse service road.

Brown, 25, died at the scene. In addition to Brown, the cab driver struck Clark and two adults who were standing on the sidewalk, reportedly waiting for a bus. Clark died 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 driver was identified only as a 44-year-old man. His name was withheld by NYPD and the Taxi and Limousine Commission.

The TLC told Streetsblog the driver’s TLC license was suspended, pending the outcome of the crash investigation. If NYPD and Johnson decline to file charges it’s likely the driver will have his TLC license restored.

Streetsblog has asked Johnson’s office for an update on this case.

Johnson did not file charges against the woman who drove onto a sidewalk outside a Bronx school last October, hitting 10 people and killing 8-year-old Rylee Ramos.

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Bus Driver Hits Woman at Intersection Where CB 9 Opposes Safety Fixes

A DOT proposal opposed by Manhattan CB 9 would slow turns at Riverside Drive and W. 135th Street, where a bus driver hit a pedestrian Thursday. Image: DOT

A DOT proposal opposed by Manhattan CB 9 would slow turns at Riverside Drive and W. 135th Street, where a bus driver hit a pedestrian Thursday. Image: DOT

Yesterday, a bus driver hit a woman walking across W. 135th Street at Riverside Drive, an intersection in a crash-prone area where DOT has proposed a slate of safety improvements that are opposed by Manhattan Community Board 9.

The West Side Rag reports that the woman was in the crosswalk when the driver of a double-decker tourist bus hit her while turning right from Riverside onto W. 135th. The victim was taken to St. Luke’s Hospital, according to West Side Rag, and NYPD said she was “‘not likely’ to die.”

A woman who came upon the scene after the crash told West Side Rag “the victim must have had the green light or the bus would not have been able to go.”

“This has always been a dangerous corner,” the witness said. “Vehicles driving northbound and making a right turn into 135th St. rarely slow down for pedestrians.”

In response to rampant speeding and a high number of serious injuries on Riverside, DOT has proposed a road diet between W. 116 and W. 135th streets, with additional pedestrian space at several intersections [PDF]. At 135th, DOT plans to extend the Riverside center median on the north side of the intersection and install a new pedestrian island on the south side, which should slow traffic there.

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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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Crash Victim Lawsuit: App Use by Uber Drivers Is Negligent and Illegal

Erin Sauchelli, who was seriously injured by an Uber driver while walking in Manhattan, has filed a lawsuit claiming the app Uber drivers use to respond to hails causes driver distraction in violation of New York State law. The driver, Aliou Diallo, killed Sauchelli’s boyfriend, Wesley Manning, in the collision, but he remains in good standing with the Taxi and Limousine Commission.

The Taxi and Limousine Commission reinstated the license of the Uber driver who killed Wesley Mensing and injured Erin Sauchelli. Photo via New York Post

The Taxi and Limousine Commission reinstated the license of the Uber driver who killed Wesley Mensing and injured Erin Sauchelli. Photo via New York Post

Sauchelli and Mensing were crossing E. 62nd Street at Lexington Avenue last January 3 when Diallo drove into them with a Mercedes SUV. Mensing, 27, died at the scene. Sauchelli, 30, was hospitalized.

“The driver had accepted a trip and was en route to pick up his customers at the time of the accident and he did not have any passengers in the car,” Uber told Streetsblog after the crash.

Diallo was summonsed for driving without a license. The citation was dismissed two days later. Diallo was not charged criminally by NYPD or Manhattan District Attorney Cy Vance for killing Mensing and injuring Sauchelli. The Taxi and Limousine Commission said Diallo’s license to drive a cab was suspended after the crash, but TLC records indicate it is currently valid. Diallo was also reinstated by Uber.

A suit filed by Sauchelli claims she was “a lawful pedestrian in the crosswalk” when she was struck, and that the crash was caused by negligence on the part of Diallo, vehicle owner Tea Bromberg, Malcolm Limo Express, Uber base Schmecken, and Uber, all of whom are named as defendants.

The suit says Diallo was speeding and disregarded a traffic signal. It claims Diallo broke state law that prohibits using an electronic device while driving, and that Uber “knew or should have known that the use of the Uber App by Uber Drivers, including but not limited to” Diallo was a violation of state code intended “to protect individuals from injury and death due to driver distraction and driver inattentiveness.”

“Mr. Diallo was driving an Uber car, en route to pick up a passenger at the time of this accident,” said Robert A. Sgarlato, Sauchelli’s attorney, in a statement emailed to Streetsblog. “We believe that this particular stage in the ‘Uber Car process’ leads to a toxic combination of Uber Drivers that are both hurried to pick up passengers, and distracted by the influx of information coming from the Uber application.”

Uber declined comment on the lawsuit.

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Alleged Unlicensed Driver Kills Brooklyn Pedestrian While Fleeing Police

An unlicensed driver fleeing police crashed into another vehicle and killed 21-year-old Dave Jones on a Brooklyn sidewalk Monday, raising questions about whether the officers adhered to NYPD policy on vehicular pursuits.

Police pulled over 18-year-old Raymond Ramos near Schenectady Avenue and Sterling Place in Crown Heights after midnight Monday, according to DNAinfo.

As the officers approached, Ramos drove away. With police in pursuit, Ramos made it seven blocks before his car collided with another vehicle at the intersection of Nostrand Avenue and St. Johns Place, police said.

Both cars barreled up onto the sidewalk fatally plowing into a pedestrian who was walking north, a preliminary investigation by the NYPD showed.

Ramos hit Jones, who died of head injuries at Kings County Hospital. Three people in the other vehicle were injured, DNAinfo reported.

The Post also reported that, according to police, the crash occurred after Ramos “led cops on a brief chase.”

Ramos was charged with manslaughter, reckless endangerment, homicide, fleeing police, reckless driving, unlicensed driving, speeding, and other traffic infractions, according to court records. His next court appearance is set for Friday.

DNAinfo reported that, according to anonymous police sources, officers who pulled Ramos over “smelled marijuana coming from his vehicle,” but no charges were issued for impaired driving or drug possession.

There’s a lot we don’t know about what happened Monday. The crash happened about a mile from the location of the traffic stop. Judging from a Daily News photo that shows both vehicles overturned on the sidewalk, Ramos was driving at high speed at the time of impact. After Ramos fled the traffic stop, did officers chase him at speed through a Brooklyn neighborhood? Were they in pursuit when Ramos hit the second car? At the very least, an investigation is warranted to determine whether the pursuit conformed to protocol.

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NYPD: Drivers Killed 7 Pedestrians and Cyclists in January, and Injured 1,017

Image: NYPD

Image: NYPD

Thirteen people died in New York City traffic in January, and 3,449 were injured, according to the latest NYPD crash data report [PDF].

Seven pedestrians and cyclists were reported killed by city motorists in January, and 1,017 injured, compared to 13 deaths and 1,191 injuries in January 2014.

Citywide, at least six pedestrians and one cyclist were fatally struck by drivers: two pedestrians in Manhattan; one pedestrian in the Bronx; one pedestrian in Brooklyn; and two pedestrians and one cyclist in Queens. Among the victims were Wesley Mensing, Dylon Ramirez, Uszer Lejtman, Hoyt Jacobs, Susan Eddy, and two unnamed female pedestrians in Queens. Motorists killed at least three seniors in January: Uszer Lejtman, 83; Susan Eddy, 69; and one of the unidentified women killed while walking in Queens, also 69.

Across the city, 902 pedestrians and 115 cyclists were reported hurt in collisions with motor vehicles. Per NYPD policy, few of these crashes were investigated by trained officers.

Of seven fatal crashes on surface streets reported by Streetsblog and other outlets, no motorists were known to have been charged for causing a death. NYPD rarely releases enough information to determine exactly how a crash occurred, but based on police and media accounts, at least one victim was likely walking or cycling with the right of way when she was struck. NYPD and district attorneys are known to have applied the city’s Right of Way Law in no crashes. Historically, nearly half of motorists who kill a New York City pedestrian or cyclist do not receive so much as a citation for careless driving.

In two cases, after a pedestrian was killed, police publicly exonerated the driver by telling the press the victim was not in a crosswalk.

Three motorists and three motor vehicle passengers died in the city in January; 1,133 and 1,299 were injured, respectively.

There were 15,977 motor vehicle crashes in the city in January, including 2,542 that resulted in injury or death.

Download January NYPD summons data here. NYPD posts geocoded crash data here. Crash and summons data from prior months is available in multiple formats here.

After the jump: contributing factors for crashes resulting in injury and death.

Read more…

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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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