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Council Members Press NYPD to Enforce the Law in Death of Sui Leung

Under a new Vision Zero law, a driver who critically injures or kills a pedestrian or cyclist who has the right of way is guilty of a misdemeanor. But nearly two months after it took effect, there is no evidence NYPD is applying the law, known as Section 19-190, as Mayor de Blasio and the City Council intended. This week, three council members expressly asked NYPD to charge a motorist who killed a senior in Manhattan, and the response from NYPD Chief of Transportation Thomas Chan has troubling implications about how police are enforcing the new law.

Image: NBC

On the afternoon of September 25, a commercial van driver hit 82-year-old Sui Leung as she crossed in the crosswalk at Kenmare and Elizabeth Streets. Leung was pronounced dead at Downtown Hospital. NYPD would not identify the driver, but the van belonged to Party Rental Ltd. of Teterboro, New Jersey.

“Police did not suspect any criminality and the driver was not charged,” the Daily News reported. NYPD told Streetsblog the driver had a green light. But a visit to the intersection showed that there is no exclusive turn phase at Kenmare and Elizabeth — meaning Leung would have had a walk signal when the driver had a green, and would therefore have had the right of way.

“She had the right of way,” said City Council Member Margaret Chin, who represents the area where the crash occurred. ”The driver is supposed to yield to pedestrians.”

Chin told Streetsblog her staff has spoken with Leung’s family. ”From what we know of Ms. Leung, she’s an active senior,” said Chin. “She goes to the senior center every day. She walks from her home to Chinatown. The family is also very upset about what happened.”

“It’s just so clear that she had the right of way and the driver needs to be prosecuted,” Chin said. “You’re talking about someone getting killed.”

On Wednesday, Chin and other council members sent a letter to Chan [PDF]. Based on the details provided in the NYPD crash report, which according to Chin showed Leung “unquestionably did nothing wrong,” she urged NYPD to file charges under Section 19-190. The letter was co-signed by Council Member Rosie Mendez, who represents the area where Leung lived, and Ydanis Rodriguez, chair of the council transportation committee.

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Surviving a Walk in NYC Should Not Depend on Luck

As far as Bill de Blasio's NYPD and TLC are concerned, this never happened. Image: CBS 2

As far as Bill de Blasio’s NYPD and TLC are concerned, this never happened. Image: CBS 2

The Taxi and Limousine Commission says it doesn’t know anything about a cabbie who drove onto a Midtown sidewalk, hit a pedestrian, and crashed into a building earlier this week. Other than to deflect blame from the driver, NYPD has refused to release information about the crash.

It happened Monday morning. From the Post:

“He [the pedestrian] was literally flying. He fell right here in front of this window,” said Elsa Gomez, 28, who works in Macaron Cafe on East 59th Street near Madison Avenue.

The cab careened onto the sidewalk at around 11:50 a.m. and continued into the front of an eyeglass store, shattering its window.

“It was a huge, scary noise,” said James Escobar, 50, owner of Page and Smith Opticians.

“We were working inside … and we heard a big, huge boom,” Escobar told CBS 2. “I couldn’t even open the door.”

The pedestrian was hospitalized with a leg injury, reports said. “We were lucky,” said Escobar.

NYPD declined to release information about the cab driver or the victim to the press, other than the normal exculpatory statements about the driver. Police told CBS 2 “the cabbie somehow lost control of his vehicle,” and the Post reported that “his license was valid and there were no signs of criminality.”

When I called the department’s public information office, I was told to send an email request. This is NYPD’s polite way of saying “Go away.” I have emailed NYPD many times in seven-plus years at Streetsblog, and have never received a response. We’ll update if we hear back.

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Vision Zero Hasn’t Changed NYPD Practice of Blaming Deceased Crash Victims

Based on press leaks it seems NYPD still presumes the victim is at fault in most serious crashes. Image: News 12

Based on press leaks it seems NYPD still presumes the victim is at fault in most serious crashes. Image: News 12

Last week an MTA bus driver crushed a pedestrian to death in Mott Haven. By all accounts the victim, walking with a cane, was in the crosswalk at Willis Avenue and E. 147th Street when the driver ran him over while turning left.

If reports are correct the bus driver should be subject to charges under Section 19-190, the new city law that makes it a misdemeanor for drivers to hurt or kill pedestrians who have the right of way. Yet before police cleared the crash scene, NYPD exculpated the driver in the press.

“At this point, they don’t believe there was anything criminal involved,” said ABC 7 reporter Lisa Colagrossi, “just that it was a tragic accident.”

It’s possible police may eventually file charges for the Bronx crash — the one time NYPD is reported to have applied Section 19-190 so far, in the case of the cab driver who killed Silvia Gallo on the Upper East Side, charges didn’t come until weeks later. But 10 months into Mayor de Blasio’s Vision Zero initiative it’s still standard operating procedure for NYPD to declare “no criminality suspected” before investigators have taken down the barricade tape.

NYPD also continues to blame victims for their own deaths. On Monday at around 7:19 p.m., the driver of a Ford SUV fatally struck pedestrian Cristina Alonso in Dyker Heights. Other than the basics like the victim’s name, the driver’s age and vehicle make, and the time and location of the crash, the only information released by police was that Alonso was not in the crosswalk.

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Brooklyn DA Ken Thompson: $500 Fine for Unlicensed Driver Who Killed Senior

The driver who killed Brooklyn pedestrian Maude Savage was charged for failure to yield and driving without a license, but Brooklyn DA Ken Thompson did not charge him with criminal negligence under the "rule of two." Crash still via Daily News. Thompson image: NY1

The driver who killed Brooklyn pedestrian Maude Savage last year was charged for failure to yield and driving without a license, but Brooklyn DA Ken Thompson did not charge him with criminal negligence under the so-called “rule of two.” Crash still via Daily News. Thompson image: NY1

An unlicensed driver was sentenced to a small fine and probation after he ran over and killed a Brooklyn senior who was crossing with the right of way, per the terms of a plea deal with District Attorney Ken Thompson. Though the driver was charged with committing two traffic offenses at the time of the crash, he was not charged with criminal negligence under the so-called “rule of two.”

Maude Savage, 72, waited for the signal before entering the crosswalk at Sutter and Euclid Avenues last November 25. She was mid-way across the street when Robert Brown drove a commercial van into her. Video of the crash shows that Brown barely slowed as he made a left turn, leaving Savage no time to clear his path. She died from her injuries.

Brown was charged by then-DA Charles Hynes with aggravated unlicensed operation, a misdemeanor that stipulates that he drove without a license when he knew or should have known he didn’t have one. He was also ticketed for failure to yield to a pedestrian in a crosswalk, according to court records.

Theoretically, the crash that killed Maude Savage should have triggered the “rule of two,” case law precedent that holds that a New York State motorist who is breaking at least two traffic laws at the time of a crash may be charged with criminal negligence. New York City prosecutors regularly cite the rule of two as an obstacle to charging motorists for killing, but routinely fail to bring charges after crashes involving two or more traffic violations. True to form, Hynes and Thompson did not upgrade charges against Brown.

Aggravated unlicensed operation is seemingly the default charge against unlicensed drivers who kill New York City pedestrians. It’s the same charge that is applied against unlicensed drivers who turn without signaling. In June Brown pled guilty to unlicensed operation in the second degree, a charge that may be applied when a defendant is caught driving without a license after prior convictions for unlicensed driving, or when the defendant’s license was previously suspended or revoked pursuant to a drug or alcohol related driving offense.

Second degree unlicensed operation is an unclassified misdemeanor with penalties including jail time, probation, and a fine of not less than $500. According to court records, Brown was sentenced last week to a $500 fine and two years probation.

As of August it is a misdemeanor for a driver to injure or kill a New York City pedestrian or cyclist who has the right of way. Motorists have killed at least 13 pedestrians since the law took effect, and NYPD has applied the law once.

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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.

Responders wash down a Bx15 bus after the driver struck and killed a pedestrian at Willis Avenue and East 147th Street in Mott Haven early this morning. Reports say the victim, walking with a cane, was in the crosswalk, and was dragged down the block. Hours after the crash, NYPD told the media that no criminality was suspected. Image: WABC

Responders wash down a Bx15 bus after the driver struck and killed a pedestrian while making a left turn at Willis Avenue and East 147th Street in Mott Haven early today. Reports say the victim, walking with a cane, was in the crosswalk. Hours after the crash, NYPD told the media no criminality was suspected. Image: WABC

Fatal Crashes (6 Killed This Week; 155 This Year*)

  • Mott Haven: Man Crossing Street Struck, Dragged by MTA Bus Driver; Witness Says Victim Was in the Crosswalk; NYPD Declares Crash an “Accident” (WABC, News 12NewsGothamist)
  • Union Square: Doohee Cho, 33, Struck by Hit-and-Run Driver With Reckless Driving Record (DNA, Post)
  • Flushing: 35-Year-Old Man Hit Walking Down Center Lane of LIE (DNA)
  • East Bronx: Rony Mejia, 26, Struck by Two Drivers on Pelham Parkway; One Driver Flees Scene (News)
  • Bellerose: 54-Year-Old Man Struck by Van Driver on Cross Island Parkway (News)
  • Glendale: David Malave, 38, Killed on Motorcycle in Crash With Other Biker (News, Post)

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Vance Brings Manslaughter Charge in Death of Pedestrian Charity Hicks

A motorist charged with manslaughter for the death of a Manhattan pedestrian is scheduled to appear in court later this week.

Charity Hicks. Photo via Gothamist

Charity Hicks. Photo via Gothamist

Thomas Shanley, 35, was texting when he drove a Dodge SUV onto the curb on 10th Avenue near W. 34th Street at around 8:20 a.m. on May 31, striking a fire hydrant and a bus stop signpost and mortally wounding Charity Hicks, according to a criminal court complaint and reports from Gothamist and the Daily News. A second pedestrian was also injured.

The criminal court complaint says video reviewed by NYPD showed the SUV moving northbound on 10th Avenue when the driver “swerve[d] across two lanes of traffic and onto the sidewalk.” Records from Shanley’s iPhone, found at the scene, indicated that the user was sending a text message at the time of the collision, according to the complaint.

Hicks was policy director for the East Michigan Environmental Action Council, according to a Detroit news outlet, and was visiting NYC for a conference. She suffered severe head trauma, broken ribs, and injuries to her lungs. Hicks died on July 8.

Shanley fled the scene on foot, reports said, and was arrested in New Jersey on August 1. Manhattan District Attorney Cy Vance charged Shanley with one count of manslaughter and one count of felony leaving the scene, according to court records.

Whether or not they remain at the scene, sober drivers are not usually charged with manslaughter, or the less serious charge of vehicular homicide, for killing New York City pedestrians. There are exceptions, but it’s difficult to discern why some drivers involved in serious crashes are prosecuted while others are not, since city district attorneys do not generally discuss vehicular crimes cases, even when cases are closed or no charges are brought.

Cell phone evidence and video of the crash may have factored into the DA’s decision in this case, as could leaving the scene. In addition, Shanley was reportedly on parole at the time of the crash. Other New York City DAs — former Brooklyn DA Charles Hynes especially — seemed more inclined to issue felony charges against drivers with criminal records.

Manslaughter is a class C felony with possible sentences ranging from probation to 15 years in prison. Shanley’s next court appearance is set for Friday.

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No Charges for Bus Driver Who Killed Pedestrian Jennifer White-Estick

Police filed no charges against the MTA bus driver who killed a pedestrian in Bedford-Stuyvesant two weeks ago. Instead, NYPD and the tabloids put the victim on trial.

At around 1:30 in the afternoon on Wednesday, September 17, Jennifer White-Estick was run over while trying to retrieve her cell phone from underneath a B44 bus she had just exited at Bedford Avenue and Fulton Street.

Jennifer White-Estick. Photo via Facebook

Jennifer White-Estick. Photo via Facebook

By the time the Post published its extremely graphic report on the crash at around 4 p.m., police had declared “no criminality suspected.” Reporters from the Post and the Daily News focused on the actions of the victim, but abetted by NYPD, the Daily News took its reportage to new depths.

White-Estick had no ID on her, but the day after the crash, the Daily News reported that police found a crack pipe in her bra. Along with her identity, the Daily News announced last Wednesday that, according to unnamed sources, White-Estick had “a prior criminal record.” The paper also reminded readers about the crack pipe.

MTA bus drivers have killed at least four pedestrians and one cyclist this year; last year’s death toll was seven pedestrians and one man on a skateboard. Over half of those 13 crashes occurred as the bus driver was making a turn.

While the tabloids focused on the more salacious aspects of White-Estick’s personal life, and the gory details of her death, less attention was given to factors that might prevent the next MTA-involved pedestrian fatality.

“The bus driver, James Maxwell, told cops he didn’t see the woman,” the Daily News reported. Maxwell’s safety record was not mentioned, and there was only a passing reference to the role vehicle design may have played in the crash.

The front of the bus was equipped with a driver-assisting video camera, but a transit investigator who saw the video said it could not have provided a warning.

“You can’t see nothing,” the investigator said.

Earlier this month, Melania Ward was struck by the driver of the Q47 she’d been riding as she crossed Astoria Boulevard in Elmhurst. NYPD did not reveal who had the right of way, and no charges were filed.

Last March, an MTA bus driver turned into a crosswalk occupied by three people, striking and killing 21-year-old Marisol Martinez. After Martinez’s death, City Council Member Steve Levin called for changes to bus design, including guards that keep pedestrians away from the rear wheels. An MTA rep later said the agency had decided against installing such guards.

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No Charges for Van Driver Who Killed Elderly Woman in Crosswalk

The day after a commercial van driver killed an elderly woman in a Manhattan crosswalk, no charges have been filed, though NYPD implied but failed to confirm that the victim had the right of way. The company that employs the driver, meanwhile, refused to say if he will face any disciplinary action, and he could be back behind the wheel tomorrow.

Image: WNBC

Image: WNBC

At approximately 1:30 p.m. yesterday, the driver turned left from eastbound Kenmare Street onto Elizabeth Street, striking East Village resident Sui Leung, 82, in the crosswalk on the north side of the intersection. She was transported to Downtown Hospital, where she was pronounced dead.

“Police did not suspect any criminality and the driver was not charged,” the Daily News reported yesterday. That remains the case today.

NYPD’s public information office told Streetsblog that the driver had a green light. A visit to the intersection today showed that pedestrians are given the “walk” signal concurrently with green lights on Kenmare, meaning turning drivers must yield to pedestrians. When Streetsblog asked NYPD to confirm that Leung had the right of way, a department press officer said, “We don’t know that yet.”

When a driver strikes a pedestrian or cyclist with the right of way, it is a violation of Section 19-190, a local law that took effect August 22. Days later, a pedestrian in an Upper East Side crosswalk with the signal was killed by a turning driver. At first, NYPD told Streetsblog that “both of them had the right of way,” then weeks later the department filed its first-ever Section 19-190 charges against the driver.

Police would not release the identity of the driver who struck Sui Leung because no charges had been filed, but the van involved was clearly marked as belonging to Party Rental Ltd. of Teterboro, New Jersey.

Streetsblog asked Party Rental Ltd. if the company had taken any disciplinary action against the driver since the crash. “We determine that based on what we hear from the authorities,” said Barney Drew, the company’s vice president of human resources. Drew would not say whether the company had been in contact with NYPD since the crash, or if the company would keep the employee off the road pending the results of the investigation. ”He’s not driving today because it’s his off day,” he said. “I am being purposely evasive because you’re asking questions about an ongoing process.”

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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.

Several people were injured by an elderly driver who backed into a Flushing grocery store. Photo: @NYScanner

Fatal Crashes (10 Killed Since Sept. 12; 149 This Year*)

  • Nolita: 80-Year-Old Pedestrian Struck by Van Driver at Kenmare and Elizabeth Street (PostDNA)
  • Bed-Stuy: Woman Crushed by MTA Bus Driver on Bedford Avenue (PostNewsDNAGothamist)
  • Woodlawn: Douglas Kaplan, 63, Killed in Wrong-Way Crash on Major Deegan Exit Ramp (DNA, WPIX)
  • Oakland Gardens: David Duran, 24, Flips Motorcycle Trying to Avoid U-Turning Driver; No Charges (News)
  • Hunts Point: Michael Williams, 25, Ejected From NYPD Van in Crash on Bruckner Expressway; Eight Other Passengers Injured (DNA, NYT)
  • Springfield Gardens: D’John Arias, 20, and Karim Carter, 19, Killed After Crashing Car Into Light Pole on Belt Parkway; 14-Year-Old Boy Injured (WCBS)
  • Hunts Point: 26-Year-Old Man Killed After Unlicensed Driver of Van He Was Riding in Crashed Into Tractor-Trailer (Post)
  • Jamaica: Man Struck by Livery Cab Driver While Changing Flat Tire (News)
  • Rosedale: 24-Year-Old Man Struck by Van Driver While Loading Broken Motorcycle Onto Truck; Two Seriously Injured (News)

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NYPD Starts Using Vision Zero Law, Charges Driver for Killing UES Pedestrian

NYPD has filed misdemeanor charges against a cab driver who killed an Upper East Side pedestrian, marking the first time police have employed a new law that makes it a crime for drivers to strike pedestrians and cyclists who have the right of way, according to a report in DNAinfo.

NYPD filed criminal charges against the cab driver who killed Silva Gallo on the Upper East Side in August, marking the first time police applied a new Vision Zero law intended to hold drivers accountable for harming pedestrians who have the right of way. Image: WCBS

NYPD filed criminal charges against the cab driver who killed Silvia Gallo on the Upper East Side, marking the first time police applied a new Vision Zero law intended to hold drivers accountable for harming pedestrians who have the right of way. Image: WCBS

Silvia Gallo, 58, was in the crosswalk at E. 79th Street on the afternoon of August 29 when MD Hossain hit her while turning left from Madison Avenue. Gallo was dragged beneath the cab until Hossain came to a stop and witnesses overturned the vehicle, which was still running, to free her. She was pronounced dead at Lenox Hill Hospital.

DNAinfo reports that Gallo, a Pilates instructor, was preparing to leave for Ireland the next day, to work and live with her boyfriend.

Hossain’s hack license was suspended after the crash. Police initially said both the driver and the victim had the right of way — an impossible scenario, since the motorist would have been required to yield, but one that suggested Gallo was in the crosswalk with the walk signal.

Available information indicated the driver could have been charged under Intro 238, now known as code Section 19-190, which took effect on August 22. The law was one of a number of new measures intended to reduce traffic deaths and injuries as part of the mayor’s Vision Zero initiative, but NYPD wasn’t yet ready to put it to use. Motorists have killed at least nine pedestrians and cyclists, including Gallo, since the law took effect.

DNAinfo reports that police filed charges in Gallo’s death last week.

After a month-long probe, the NYPD Collision Investigations Squad determined last Thursday that Hossain had violated the new law. He was arrested at his Bronx home and formally charged. Hossain, who has no previous criminal record, faces a $250 fine per offense and possible jail time under the new law, officials say.

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