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Driver Not Charged for Killing Girl, 10, and Injuring Mother in Borough Park

Workers clean the street after a motorist struck 10-year-old Blima Friedman and her mother. The Daily News reported that, according to NYPD, the victims were crossing "mid-block." Police charged the driver for taking the vehicle without permission, but did not charge him for killing Blima and injuring her mother.

Workers clean the street after a motorist struck 10-year-old Blima Friedman and her mother. The Daily News reported that, according to NYPD, the victims were crossing “midblock.” Police charged the driver for taking the vehicle without permission, but did not charge him for killing Blima and injuring her mother.

A motorist killed a 10-year-old girl and injured her pregnant mother as the pair crossed a street in Borough Park Tuesday night. Blima Friedman was at least the eighth child age 14 and under killed by a New York City driver in 2014, and the third in the last six weeks.

The crash occurred at around 8:57 p.m. The Daily News cited unnamed police sources who said Blima and her mother Sara Freeman were “crossing midblock” on 18th Avenue at 60th Street when Bilal Ghumman hit them with a Honda minivan. But a police spokesperson told Streetsblog the circumstances of the crash, including who had the right of way, remain under investigation, and photos of the scene appear to indicate the victims would have been at most a few feet outside the crosswalk.

Police said Ghumman, 22, was northbound on 18th Avenue when he made a left turn onto 60th Street and struck the victims. Ghumman was reportedly working as a valet for a nearby wedding, and NYPD said he was driving the minivan elsewhere without the owner’s consent. Ghumman had an outstanding warrant for a drug-related offense, according to NYPD and published reports, and he was arrested and charged with unauthorized use of a motor vehicle.

NYPD and Brooklyn District Attorney Ken Thompson filed no charges against Ghumman for killing Blima Friedman and injuring her mother.

From the Daily News:

The mother, apparently pinned under the vehicle, remained conscious after the collision and screamed for her severely injured daughter as both lay on the ground, witnesses said.

“We saw the lady and her child on the ground. She was in shock,” said witness Angel Santos, 18, who was walking to a bodega when he came upon the scene. “She was still on the ground. She was screaming, ‘Oh my God, is (she) OK? Is (she) OK?’”

The frantic woman was also grasping her belly, apparently in the first throes of labor, witnesses said.

“She was holding her stomach, she looked like she was in pain,” said Jasmine Torres, 19.

Freeman, 33, was taken to Lutheran Medical Center, where she delivered her baby. Both were in stable condition as of last night, according to the Times. Blima was declared dead on arrival at Maimonides Medical Center, NYPD said.

This fatal crash occurred in the 66th Precinct, and in the City Council district represented by David Greenfield.

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NYC Motorists Have Killed Five Pedestrians and One Cyclist in 10 Days

At least five pedestrians and one cyclist have been killed by motorists since November 15. Of the six drivers involved, four left the scene. Of the four who were either caught by NYPD or remained at the scene, only one has been charged for causing a death.

One three-hour span on Monday was especially violent. At 6:50 p.m., the driver of a BMW sedan struck 57-year-old Robert Perry on the Bowery near Rivington Street on the Lower East Side. ”The car kept going until it crashed into a fire hydrant a block away at Stanton Street,” reported DNAinfo.

The driver who killed Mohammad Uddin, 14, in Kensington was only charged with leaving the scene. Photo via DNAinfo

The driver who killed Mohammad Uddin, 14, in Kensington was only charged with leaving the scene. Photo via DNAinfo

Perry, who often stayed at the Bowery Mission, was pronounced dead at Lower Manhattan Hospital, according to DNAinfo. Police charged Danny Lin, 24, with homicide and leaving the scene.

Council Member Margaret Chin, who represents the district where Perry was killed, issued a statement Tuesday:

I was encouraged to learn this morning from an NYPD official that the driver who hit and killed Mr. Perry — and who apparently unsuccessfully tried to drive away — was arrested at the scene for criminally negligent homicide by NYPD officers. However, the Manhattan District Attorney’s office will of course still need to file charges against the driver for there to be a real step toward justice in this case. I will be contacting the DA’s office very soon to strongly advocate for the driver to be charged and held fully accountable for this incident.

As of Wednesday morning, Lin’s name did not appear in an online database of court records, though active cases are not always accessible to the public.

“Everyone [at the Mission] knows him,” witness Indio Bryan told DNAinfo. “This has been his home. He eats here, sleeps here. He was a good guy, harmless. He liked jazz a lot.”

Perry was at least the fifth fourth pedestrian to be killed by a motorist this year in the 5th Precinct, where ticketing cyclists is a top priority.

“Mr. Perry’s name must be remembered alongside Sui Leung, Sau Ying Lee and other traffic victims in Lower Manhattan and across the city who simply did not deserve to have their lives ended in this tragic manner,” said Chin. “My thoughts are also with the friends and family of Shan Zheng, the cyclist who was hit and killed by a car last night just outside my district in Lower Manhattan.”

Approximately three hours after Perry was killed, a livery cab driver hit Zheng, 61, as he rode on Pitt Street at E. Houston. Zheng, who lived in Ossining, was pronounced dead at Bellevue, according to the Journal News. NYPD filed no charges against the 50-year-old cab driver, whose name was not released. The crash occurred in the 7th Precinct, in the City Council district represented by Rosie Mendez.

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More Arterial Carnage: Driver Seriously Injures Woman on Atlantic [Updated]

A driver hit a woman as she crossed the street at Atlantic Avenue and Washington Avenue today.

Update: A witness to this crash contacted Streetsblog. His account has been added to the post.

A motorist seriously injured a pedestrian on Atlantic Avenue at Washington Avenue in Brooklyn this morning.

A witness, who didn’t want his name published, told Streetsblog he was crossing Atlantic with several other pedestrians when the crash occurred. “There’s a silver Audi, and he’s waiting. And as we’re in the middle of the street, he just turns, and he starts — he just sped up. Pushed his foot down on the gas. Just barely missed me, and the lady next to me. The lady in front of us, about three or four feet ahead, she got hit. I couldn’t believe it.”

“As he’s approaching I’m thinking he would stop, ’cause he sees several pedestrians in the walkway,” the witness said. “But he just floored it. And there was a number of other people behind us, and a lady with a baby in front of that lady who got hit.”

“There was another guy, and he and I were of the same opinion,” he said. “This guy needed to be carted away in handcuffs, I thought.”

The witness said NYPD took his name and contact information, but only for insurance purposes. He said police on the scene did not ask him what he saw. “I was shocked, because they said they don’t take statements. ‘The insurance company will be contacting you, and they’ll be getting everyone’s side.’”

“She flew onto the windshield and was thrown onto the ground,” said a Streetsblog reader who came upon the scene after the crash and sent us these photos. “She was taken to the hospital on a stretcher.”

The crash occurred around 8:18 a.m., according to FDNY. The victim was taken to Kings County Hospital in serious condition. A Fire Department spokesperson said her injuries were not thought to be life-threatening when she was transported.

Photos of the car show damage to the windshield near the A pillar on the driver’s side. The victim was aided by several passersby.

As is usually the case with incidents that don’t immediately result in death, NYPD had no information on the crash.

“The driver got away with a mere ticket,” said our source. “Witnesses said the driver sped up and should be arrested.”

The victim was transported to the hospital in serious condition.

The victim was transported to the hospital in serious condition.

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NYPD Blames Teen Killed by SI Motorist Before Completing Investigation

A motorist waits to make a left turn from Hylan Boulevard onto Bayview Avenue, the same turn taken by the driver who struck and killed Jenna Daniels on Saturday afternoon. NYPD blamed Daniels for the collision. Image: Google Maps

A motorist waits to make a left turn from Hylan Boulevard onto Bayview Avenue, the same turn taken by the driver who struck and killed Jenna Daniels Saturday afternoon. NYPD blamed Daniels for the collision. Image: Google Maps

NYPD says it’s still investigating the death of a teenage jogger who was struck by a motorist on Staten Island, but that didn’t stop the department from publicizing a “preliminary” finding claiming the victim was at fault. Based on NYPD investigations into this crash and others, it’s open season on pedestrians who cross streets on a diagonal and don’t stay within the precise confines of a crosswalk.

The driver of a pickup truck hit 15-year-old Jenna Daniels as he made a left turn from Hylan Boulevard onto Bayview Avenue in Prince’s Bay at approximately 2:39 p.m. Saturday, according to the Staten Island Advance.

Police said Daniels was on Hylan, crossing Bayview from west to east, when she was hit. She suffered severe head trauma and was declared dead on arrival at Staten Island University Hospital, the Advance reported. A photo from the scene shows a black Ford F-150 with a raised chassis, oversized aftermarket wheels, a blacked-out grille and front bumper, and tinted headlights.

True to protocol, NYPD did not release the name of the 38-year-old motorist, who was not charged by police or Staten Island District Attorney Dan Donovan. NYPD ticketed the driver for tinted windows, the Advance said, though according to the Collision Investigation Squad report, “the windows did not contribute to the crash.”

The collision investigation squad’s report notes that his license and registration were valid, that he passed a Breathalyzer test and that he was not on his cell phone when he struck Ms. Daniels. His speed at the time of the collision was not recorded as part of the CIS report, police said.

While disclosing nothing about the driver’s speed — the single most important factor in the severity of a crash — NYPD said Daniels was jogging “outside the crosswalk … with headphones in her ears,” according to the Advance. NYPD said the motorist “had the right of way,” a claim refuted by attorney Steve Vaccaro, who said city traffic rules permit mid-block crossings on Bayview Avenue, which has several unsignalized intersections.

“On most every block in Manhattan, you have to cross at a crosswalk,” Vaccaro told the Advance. “That is not true on a block like this where there is not a traffic signal at both ends.”

Daniels appears to have been just barely outside the crosswalk when she was struck. If Daniels was jogging west to east on Hylan, as police say, she may have been headed for a desire path on the east side of Bayview (out of frame to the left in the above Google Maps image), which leads to an apartment complex and is a short diagonal from the northwest corner of the Hylan intersection. Photos published by the Advance indicate that a makeshift memorial was installed for Daniels near the spot where the desire path begins.

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Queens DA Richard Brown on Driver Who Killed Allison Liao: Accidents Happen

The lead vehicular crimes prosecutor for Queens District Attorney Richard Brown (pictured) says a motorist who was cited by NYPD for failure to yield and careless driving, and who tested positive for alcohol, “had a green light” when he killed 3-year-old Allison Liao and injured her grandmother by striking them in a crosswalk. Brown’s office filed no charges. Photos via WNYC and Queens DA’s office

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.

Wrote Testagrossa:

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.

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The Weekly Carnage

The Weekly Carnage is a Friday round-up of motor vehicle violence across the five boroughs. For more on the origins and purpose of this column, please read About the Weekly Carnage.

A motorist killed 76-year-old Melvina Hibbert on Conduit Boulevard near Belmont Avenue in East New York. News 12 reported that the driver "immediately stopped and reported the accident," and said that, according to NYPD, Hibbert was not in a crosswalk. Reports did not mention the driver's speed. Image: News 12

A motorist killed 76-year-old Melvina Hibbert on Conduit Boulevard near Belmont Avenue in East New York. News 12 reported that the driver “immediately stopped and reported the accident,” and said that, according to NYPD, Hibbert was not in a crosswalk. Reports did not mention the driver’s speed. Image: News 12

Fatal Crashes (5 Killed This Week; 181 This Year*)

  • Glen Oaks: Edmund Chou, 79, Pedestrian; NYPD: Victim Was Jaywalking; No Charges (News, Post)
  • East New York: Melvina Hibbert, 76, Pedestrian; NYPD: Victim Jaywalking; No Charges (News, News 12)
  • Morris Heights: Francine Feathler, 55, Struck on Major Deegan Expressway (Post Blotter)
  • Laurelton: Kevin Lewis, 20, Struck on Sidewalk; Driver Charged With Murder (DNANews)**
  • Pelham Bay: 17-Year-Old Girl Ejected From Car on Hutchinson River Parkway (News)

Injuries, Arrests, and Property Damage

  • Claremont Village: MTA Bus Driver Critically Injures Pedestrian (DNA)
  • Union Square: Woman Hit by Two Drivers Outside Whole Foods (DNA)
  • Ditmas Park: NYPD School Safety Van Driver Strikes, Seriously Injures 13-Year-Old Boy (News)
  • East Elmhurst: Three Injured After Rear-Ending Tractor Trailer (News)
  • UWS: Three Injured When Livery Cab Driver Flips in Crash With Yellow Cab in Columbus Circle (DNA)
  • Parkchester: Woman Thrown From Car Following Collision With MTA Bus (Post Blotter)
  • Lower Manhattan: One Injured When Tour Bus Driver Slams Into Scaffolding (WCBS)**
  • Gramercy: NYPD Traffic Agent Chases Driver Who Hit Him, Fled Scene (News)
  • Marine Park: Off-Duty Cop Arrested for DWI (Bklyn Daily)
  • Kips Bay: Wrong-Way Driver Critically Injured in Three-Vehicle Collision on FDR Drive (DNA)
  • Charleston: Driver With Two Times Legal BAC Charged With DWI After Two-Car Crash (Advance)

* Based on latest available reports
** Incident in which a vehicle left the roadway

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Ken Thompson Secures Manslaughter Conviction for Crash That Killed Driver

In an unusual instance of a sober driver facing penalties for causing a death, Brooklyn District Attorney Ken Thompson secured a manslaughter conviction for a crash that killed a second motorist.

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

Last January, days after Thompson took office, Jermaine Filmore ran a red light on Eastern Parkway and hit two other vehicles, according to WABC. One of those cars hit a fourth car and then caught fire. The driver of the vehicle that caught fire, a Lincoln Town Car, was killed.

Thompson filed a host of charges, and this week Filmore was convicted at trial of manslaughter, assault, reckless endangerment, reckless driving, speeding, and running a red light, according to court records. Manslaughter, the top charge, is a class C felony, with possible sentences ranging from probation to 15 years in prison.

It is extremely rare for a city district attorney to file a homicide charge against a motorist involved in a fatal crash unless the driver is also charged with DWI or DWAI. As Streetsblog has reported before, prosecutors seem more inclined to pursue serious charges when a driver’s recklessness is highly visible. But it’s virtually impossible to discern which crashes might merit a vigorous prosecution and which might result in a tap on the wrist or, as is virtually always the case, no criminal charges.

Motorists have killed over three dozen Brooklyn pedestrians and cyclists since Thompson succeeded former DA Charles Hynes, and his office is known to have filed homicide charges in only one case, against the man accused of the hit-and-run crash that killed 12-year-old Joie Sellers, and maimed her sister, last July.

Filmore is scheduled to be sentenced in January.

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The Weekly Carnage

The Weekly Carnage is a Friday round-up of motor vehicle violence across the five boroughs. For more on the origins and purpose of this column, please read About the Weekly Carnage.

Alex Davis was one of two NYC pedestrians killed by hit-and-run drivers in three days. Media coverage focused on NYPD’s claim that Davis was not in a crosswalk when he was struck. Image: News 12

Fatal Crashes (5 Killed This Week; 176 This Year*)

  • Flushing: 60-Year-Old Man Struck by MTA Bus Driver Turning Onto Northern Blvd. (News)
  • Brownsville: Alex Davis, 59, Struck on Rockaway Parkway; Driver Still at Large (Streetsblog)
  • College Point: Anthony Ledic, 87, and Milenka Ledic, 89, Crash in Supermarket Parking Lot (Post, DNA)
  • Marine Park: 27-Year-Old Driver Crashes Through Guardrail on Belt Parkway (Gothamist)
  • Upper East Side: Keiko Ohnishi, 66, Struck in Crosswalk in September, Dies From Injuries (Streetsblog)***

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NY State DMV Dismisses Tickets of Driver Who Killed Allie Liao [Updated]

The New York State Department of Motor Vehicles dismissed summonses for failure to yield and careless driving issued to the driver who killed 3-year-old Allison Liao in 2013. Image via ##https://twitter.com/KeeganNYC/status/530515713405231105##@KeeganNYC##

The New York State Department of Motor Vehicles dismissed summonses for failure to yield and careless driving issued to the driver who killed 3-year-old Allison Liao in 2013. Image via @KeeganNYC

Update: Streetsblog has filed a freedom of information request for documents related to the DMV’s dismissal of tickets issued by NYPD to Ahmad Abu-Zayedeh.

An administrative law judge with the New York State Department of Motor Vehicles threw out tickets issued by NYPD to the driver who ran over 3-year-old Allison Liao as she and her grandmother walked hand in hand in a Queens crosswalk.

The driver, identified by police as 44-year-old Ahmad Abu-Zayedeh, was turning left from Cherry Avenue onto Main Street in Flushing when he hit Allison on the afternoon of October 6, 2013. Though NYPD and the media initially said Allison “broke free” from her grandmother, video of the crash showed the pair walking together as Abu-Zayedeh approached from behind, striking Allison and pulling her underneath the SUV.

Abu-Zayedeh was summonsed for failure to yield and failure to exercise due care. Neither NYPD nor Queens District Attorney Richard Brown filed criminal charges against him for striking Allison. According to the Wall Street Journal, “Brown described the accident as a ‘tragedy’ and said he wouldn’t bring charges.”

On Thursday Allison’s parents, Amy Tam and Hsi-Pei Liao, learned that the DMV dismissed both tickets. The revelation came during a deposition of Abu-Zayedeh, according to attorney Steve Vaccaro, who is representing Tam and Liao in a civil suit. Allison’s family was not contacted by the DMV.

Streetsblog has reported before that, at least in some cases, the DMV adjudication process relies mainly on testimony from drivers involved in fatal crashes, not police reports or other evidence.

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Hit-and-Run Drivers Strike Twice at Dangerous Fourth Avenue Intersection

A driver speeding north on Fourth Avenue in Park Slope this afternoon ran a red light and struck a woman, leaving her seriously injured before speeding away from the scene. Less than six weeks ago, a hit-and-run driver — also speeding north on Fourth Avenue, also running a red — injured a cyclist at the same location before crashing his car and fleeing on foot.

Police investigate the crash scene this afternoon. Photo: @JohnJayInNYC/Twitter

Police investigate the crash scene this afternoon. Photo: @JohnJayInNYC/Twitter

The woman injured today was crossing Fourth Avenue at Union Street at 12:35 p.m. when the northbound driver ran a red light and struck her in the crosswalk. She was transported to Lutheran Hospital in serious condition. According to the Daily News, she suffers from an open skull fracture. Police have not released her identity.

Witnesses interviewed by DNAinfo said the victim, age 46, landed head first on the pavement. The witnesses, who both work as EMTs, assisted the woman before an ambulance arrived. “Her face was covered with blood,” one witness said. “She was unconscious.”

The driver, behind the wheel of a dark Hyundai Elantra, fled the scene and kept going up Fourth Avenue. Police say the car may be the same vehicle that was reported stolen in Borough Park a half-hour after the crash. DNAinfo reports that police are looking for a vehicle with the license plate GRM8448.

On September 28, a similar crash occurred at the same location. A driver going north on Fourth Avenue sped past Union Street before crashing into a parked car one block away at Degraw Street. The driver got out of the car and fled on foot. Although witnesses said the driver had injured someone at Union Street before fleeing, police said the crash involved only property damage.

Two weeks after the crash, Boerum Hill resident David Pauley, 48, contacted Streetsblog to say he was the person injured by the driver at Union Street. According to a police crash report Pauley shared with Streetsblog, the driver was traveling northbound on Fourth Avenue when he ran a red light and struck another vehicle in the intersection. The driver then struck Pauley, who was going west on Union and had just entered the intersection. Like the woman injured today, Pauley landed on his head. He credits his bike helmet, which split in half, for sparing him more serious injury.

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