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NYC Motorists Killed Four People Walking and Biking This Weekend

Po Chu Ng was killed on Sixth Avenue by a driver in an SUV with TLC plates as she crossed the street with the right of way. The driver was not charged. Image: Google Maps

Po Chu Ng was killed on Sixth Avenue by a driver in an SUV with TLC plates as she crossed the street with the right of way. The driver was not charged. Image: Google Maps

New York City motorists killed four people walking and biking this weekend. One of the victims was struck in a Midtown crosswalk while crossing with the right of way, but NYPD and Manhattan District Attorney Cy Vance haven’t filed charges against the driver.

Po Chu Ng was crossing Sixth Avenue at W. 30th Street at approximately 5:15 Saturday afternoon when a driver struck her with a GMC SUV while turning left onto the avenue, the Daily News and Gothamist reported.

Ng, 52, was pronounced dead at Bellevue Hospital. The driver was a 27-year-old man. WABC reporter CeFaan Kim tweeted a photo showing that the SUV had Taxi and Limousine Commission plates. A Daily News photo shows the SUV sitting in the crosswalk with a pool of blood on the street in front of it.

An NYPD spokesperson told Streetsblog Ng was crossing Sixth Avenue on the north side of the intersection, west to east, in the crosswalk with the pedestrian signal “in her favor.” But as of this afternoon, the driver, whose name was not released, did not face charges under the Right of Way Law. The spokesperson said the crash is still being investigated.

As part of Mayor de Blasio’s Vision Zero initiative, in 2014 NYC adopted the Right of Way Law, which penalizes motorists for harming pedestrians and cyclists who are following traffic rules, and Cooper’s Law, which gives the TLC a mechanism to revoke the TLC licenses of cab drivers who kill people who are walking and biking with the right of way. NYPD enforcement of the Right of Way Law remains inconsistent, and the TLC does not use Cooper’s Law, in part because police and district attorneys rarely file charges after a serious crash.

Three of this weekend’s fatal crashes were hit-and-runs, prompting Transportation Alternatives to call on state lawmakers to act this week to toughen penalties against drivers who flee crash scenes.

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Driver Who Killed Man While Fleeing NYPD Pleads to Manslaughter

The press reported that Raymond Ramos was chased by police before he crashed into another vehicle and killed Dave Jones on a Brooklyn sidewalk. Image: News 12

The press reported that Raymond Ramos was chased by police before he crashed into another vehicle and killed Dave Jones on a Brooklyn sidewalk. Image: News 12

A driver who killed a man on a Brooklyn sidewalk while attempting to evade police pled guilty to manslaughter.

Police pulled Raymond Ramos over at Sterling Place and Schenectady Avenue in Crown Heights shortly after midnight on March 9, 2015. As officers approached his car, Ramos, then 18, drove off.

The Post and DNAinfo reported that police chased Ramos before he hit a second vehicle at Nostrand Avenue and St. Johns Place, about a mile away from the traffic stop. The impact sent both vehicles onto the sidewalk, fatally striking 21-year-old Dave Jones.

Photos published by the Daily News show both vehicles heavily damaged and overturned in front of a neighborhood shop, next to a shattered bus shelter. Three other vehicle occupants were reported injured.

NYPD and District Attorney Ken Thompson charged Ramos with manslaughter, two counts of assault, homicide, reckless endangerment, fleeing police, reckless driving, unlicensed driving, speeding, and other traffic infractions. On May 31, Ramos pled guilty to manslaughter, the top charge against him, according to court records.

It was never clear how much NYPD’s pursuit contributed to the crash.

NYPD policy says police must terminate vehicular pursuits “whenever the risks to uniformed members of the service and the public outweigh the danger to the community.” When Streetsblog asked Mayor de Blasio’s office if NYPD was investigating whether the police who stopped Ramos followed department protocol, we received a one-sentence, generic response: “The Crash Investigation Squad is conducting a full investigation.”

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Truck Driver Kills Cyclist Leah Sylvain in Bushwick — Victim-Blaming Ensues

Joseph Cherry struck and killed 27-year-old Leah Sylvain while she biked up the Evergreen Avenue bike lane early this morning. Photo: Google Maps

Joseph Cherry struck and killed Leah Sylvain on Evergreen Avenue early this morning. Photo: Google Maps

A fuel truck driver struck and killed Leah Sylvain, 27, as she was biking on Evergreen Avenue in Bushwick this morning.

Sylvain was traveling north in the bike lane when Joseph Cherry, also traveling north, turned his truck to the left across her path, fatally injuring her. Sylvain was lying on the road with head trauma when police and EMS arrived at 6:46 a.m. She was pronounced dead at Woodhull Hospital.

Cherry, 52, was charged with misdemeanor careless driving, two moving violations for failure to yield, and another unspecified violation, according to NYPD.

While Sylvain clearly had the right of way and Cherry broke the law by failing to yield, CBS New York‘s Ilana Gold reported that Sylvain “slammed into” the truck, citing police investigators. Gold’s video segment said Sylvain was riding on the sidewalk, which subsequent NYPD reports corrected, and that witnesses said she was “distracted on her cell phone.” The video has since been taken down, and the references to sidewalk riding and the cell phone have been removed from the online text of the CBS story.

Sylvain is at least the fifth cyclist killed by a New York City driver in 2016 — and the fourth in Brooklyn.

If you’d like to voice your concerns about street safety in the area to Deputy Inspector Maximo Tolentino, the commanding officer of the 83rd Precinct, the precinct community council meets on the third Tuesday of the month at 6:30 p.m. at the precinct house, located at 480 Knickerbocker Ave.

This morning’s crash occurred in the City Council district represented by Antonio Reynoso.

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Driver Fails to Yield and Kills 67-Year-Old Yuenei Wu in Midtown

8th_38th

Livery driver Edip Ozlemis struck and killed Yuenei Wu as she crossed Eighth Avenue in Midtown Manhattan yesterday afternoon. Photo: Google Maps

A livery car driver turning left onto Eighth Avenue from 38th Street struck and killed 67-year-old Yuenei Wu yesterday afternoon. Police charged 39-year-old Edip Ozlemis for failing to yield to a pedestrian, an unclassified misdemeanor.

Witnesses told the Daily News and the Post that Wu was crossing in the crosswalk at 4:31 p.m. when Ozlemis struck her with a Chevy Suburban, pinning her beneath the vehicle.

“After he hit her, he stopped, but then he kept driving because he didn’t realize what had happened. People were yelling for him to stop,” witness James Green told the Post.

A crowd lifted the car off Wu in an attempt to save her. She was unconscious and unresponsive when officers arrived at the scene, according to NYPD. Wu was rushed to Bellevue Hospital, where she succumbed to her injuries.

Under Section 19-190 of the city administrative code, also known as the Right of Way Law,
Ozlemis was charged with misdemeanor failure to yield, which carries a maximum sentence of a $250 fine and 30 days in jail. NYPD’s investigation is ongoing.

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DA Ken Thompson Still Hasn’t Charged Driver for December Sidewalk Killing

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 seems OK with that.

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 seems OK with that.

Brooklyn District Attorney Ken Thompson charged the driver who killed Victoria Nicodemus on a Fort Greene sidewalk with unlicensed driving, but did not file charges for taking the victim’s life. Six months after the crash, Nicodemus’s family says the DA is dragging his feet on the case.

Marlon Sewell hit Nicodemus, her boyfriend, and another person with a Chevrolet SUV on the afternoon of December 6, 2015, as the victims walked in front of 694 Fulton Street, near South Portland Avenue. Police told WPIX Sewell was “zooming” down the street. An NYPD statement said Sewell swerved onto the sidewalk to avoid hitting a second vehicle, which witnesses said was a bus.

“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.”

Victoria Nicodemus was 30 years old.

The current charges against Sewell are aggravated unlicensed operation of a motor vehicle, an unclassified misdemeanor, and operating a motor vehicle while unlicensed, a traffic infraction. For crashing on a sidewalk reportedly at a high rate of speed, killing one person and injuring two others, allegedly while driving without a valid license, Sewell faces a maximum penalty of 30 days in jail and a $500 fine. That’s the same penalty an unlicensed driver would face for making a turn without signaling.

“It seems to my family that they’re really beginning to be OK with just standing pat on the misdemeanor charges, and for us that’s unacceptable,” says Hank Miller, Nicodemus’s brother.

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Driver Kills Maria Serrano, 50, as Victim Walked Her Dog in SI Crosswalk

A driver killed Maria Serrano at Richmond Road and Amboy Road in Staten Island. The white arrow indicates the path of the victim, and the red arrow indicates the path of the driver. Image: Google Maps

A driver killed Maria Serrano at Richmond Road and Amboy Road in Staten Island. The white arrow indicates the path of the victim, and the red arrow indicates the path of the driver. Image: Google Maps

A Staten Island motorist killed a woman who was out walking her dog Saturday. The victim was the sixth person killed by a driver while walking or biking in the 122nd Precinct in the last 13 months.

Maria Serrano, 50, was crossing Richmond Road at Amboy Road, in the crosswalk, at around 6:49 a.m. when Luigi Tucci hit her with a Toyota pickup truck while turning left on Richmond, according to reports from the Staten Island Advance and Gothamist.

A witness told the Advance the victim was “catapulted into the air” upon impact. A photo of the scene shows the pickup stopped in the crosswalk and a pool of blood on the street several yards in front of it.

Serrano sustained injuries to her head and body. She died Sunday morning at Staten Island University Hospital in Ocean Breeze, the Advance reported.

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Video: Rampaging Sidewalk Driver Injures Child in Williamsburg

A hit-and-run motorist sped down sidewalks in Williamsburg Thursday, injuring a child as pedestrians scrambled to get out of harm’s way.

Yeshiva World reports that the driver and at least one other man were suspected of trying to pass counterfeit money at stores in the vicinity of Bedford Avenue and Lee Avenue, in the 90th Precinct. After shopkeepers tipped off Williamsburg Shomrim, the men tried to flee by driving on the sidewalk.

Video shows the motorist driving a Toyota sedan at a high rate of speed as people dodge out of the way. At one point the driver backs off the curb as witnesses try to get him to stop.

WCBS reported that a 9-year-old boy was hospitalized with injuries to his leg.

The driver crashed the car after the sidewalk rampage, hitting another vehicle at Harrison Avenue and Hopper Street before he was caught during a foot pursuit. The other suspects got away.

The NYPD public information office told us no arrests have been made and said police are still investigating.

h/t Gothamist

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Driver Who Killed Xiali Yue Pleads Guilty to Violating Victim’s Right of Way

Cropsey Avenue and 21st Avenue in Brooklyn, where Alexander Smotritsky killed Xiali Yue with a car. The white arrow indicates the path of the victim, and the red arrow indicates the path of the driver. Image: Google Maps

Cropsey Avenue and 21st Avenue in Brooklyn, where Alexander Smotritsky killed Xiali Yue with a car. The white arrow indicates the path of the victim, and the red arrow indicates the path of the driver. Image: Google Maps

A driver who struck and killed a woman in a Brooklyn crosswalk pled guilty to a Right of Way Law violation.

The crash happened at around 8:13 on the morning of March 16, 2015. Xiali Yue, 61, was crossing Cropsey Avenue at 21st Avenue in Bensonhurst, in a crosswalk with the walk signal, when Alexander Smotritsky hit her with a Ford compact as he turned right from 21st onto Cropsey, according to Patch and Daily News stories published shortly after the crash.

Smotritsky, then 39, was charged under Section 19-190, also known as the Right of Way Law, which is an unclassified misdemeanor. Police also charged him with careless driving, a traffic infraction.

The Right of Way Law took effect in August 2014. The crash that killed Yue was one of the early instances of NYPD applying the law to penalize a motorist for killing a person who was following traffic rules.

The Daily News used the prosecution of the driver who killed Yue — the paper’s editorial board said she was “fatally bowled over” — to criticize Section 19-190 as a “tool for changing driving habits that are generally tolerated.” Historically, sober drivers who killed people in New York City crosswalks could expect to receive no penalty at all, as long as they stayed at the scene and cooperated with police.

Section 19-190 carries a fine of up $250 and a maximum sentence of 30 days in jail. Court records say Smotritsky entered a guilty plea on April 19, and on April 29 was sentenced to a $200 fine.

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No Right of Way Charge for Driver Who Killed Toddler in Bronx Crosswalk

The driver who killed 3-year-old Mariam Dansoko narrowly avoided striking her mother and a younger sibling. Will Bronx District Attorney Darcel Clark file charges against him?

The driver who killed 3-year-old Mariam Dansoko narrowly avoided striking her mother and a younger sibling. Will Bronx District Attorney Darcel Clark (right) file charges against him?

Update: Darcel Clark’s office sent us this statement: “Our office is investigating the incident with the NYPD Accident Investigation Squad, as we do with any fatality or serious injury when a pedestrian is struck.”

NYPD and Bronx District Attorney Darcel Clark have not charged the driver who struck and killed 3-year-old Mariam Dansoko in a crosswalk near Yankee Stadium Monday.

Mariam, her mother, and a 2-year-old sibling in a stroller were crossing E. 164th Street at Gerard Avenue north to south when a 21-year-old man hit Mariam with a 2014 Nissan while turning left from Gerard, which is northbound, onto E. 164th, according to NYPD and published reports. DNAinfo reported that Mariam was on her way to preschool when the crash occurred, at around 8 a.m.

“There’s no charges at this point,” an NYPD spokesperson told Streetsblog. True to NYPD protocol when a motorist kills a pedestrian and is not charged or ticketed, police shielded the driver’s identity.

We have a message in with Clark’s office asking whether the DA is investigating the crash.

E. 164th Street and Gerard Avenue are one-way residential streets that meet at a signalized intersection. There is no dedicated turn phase, meaning motorists and pedestrians are signaled to enter the crossing at the same time. If they entered the crosswalk before the pedestrian signal flashed orange, Mariam’s family would have had the right of way.

E. 164th Street at Gerard Avenue. The white arrow indicates the path of Mariam and her family, and the red arrow indicates the path of the driver, according to NYPD’s account of the collision. Image: Google Maps

E. 164th Street at Gerard Avenue. The white arrow indicates the path of Mariam and her family, and the red arrow indicates the path of the driver, according to NYPD’s account of the collision. Image: Google Maps

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SI Driver Charged With Manslaughter for Killing Cyclist With Boat Trailer

A motorist was charged with manslaughter for the death of a Staten Island cyclist who was struck by a boat trailer that detached from a truck.

Alexa Cioffi. Photo via SI Advance

Alexa Cioffi. Photo via Staten Island Advance

Alexa Cioffi and her friend Briana Emanuele were riding on Hylan Boulevard at Redgrave Avenue on the afternoon of September 14, 2015, when the driver of an SUV, who was towing a boat, attempted to pass them on their left.

The trailer carrying the boat became unhitched from the truck and struck both victims. Emanuele, then 22, was injured, and Cioffi, who was 21, was killed.

Last month, District Attorney Michael McMahon charged Michael Khmil with manslaughter, homicide, misdemeanor assault, and reckless endangerment, according to court records.

From the Staten Island Advance:

According to the indictment, Khmil’s SUV was pulling a boat trailer with a maximum hauling capacity of 3,000 pounds, yet the boat weighed in excess of 4,000 pounds.

Khmil failed to secure the trailer to his SUV with chains and also failed to install a braking system on the trailer as prescribed by warning labels affixed to the trailer, contends the indictment.

As a result, the trailer detached from Khmil’s SUV and struck Cioffi and Emanuele while traveling at a speed exceeding 20 miles per hour, the indictment alleges.

Manslaughter, the top charge against Khmil, is a class C felony that carries penalties ranging from probation to 15 years in prison.

Khmil’s next scheduled court date is set for next week.