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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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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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