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Photograph from 1010 WINS
The accident occurred on East Broadway. A group of children from Red Apple Child Development Center and their teachers were back from a field trip at the Chatham Square public library (the NY Times reports, "They had listened to a librarian read the children’s books 'Snow,' about animals in a winter wonderland, and 'Shark in the Park,' about a boy who spots a shark through a telescope). They were on the sidewalk when, the Daily News says, the driver of a van for China Chalet restaurant "got out and thought he had put it in park." The van rolled across the street and pinned the children against the wall. A witness said, "They were hit so hard, the kids, they were bleeding all over. [A teacher] was just yelling 'Help!' and screaming in Chinese. She was stunned. Me - I started to cry."
Hayley Ng, 4, died at the scene, while Diego Martinez, 3, died at NY Downtown Hospital. A third child, Emma Olsen, is in "critical condition at Bellevue Hospital," according to the Post, which adds that the other victims were treated and released from Bellevue. The Red Apple Child Development Center's director issued a statement, "Our hearts go out to the families of all of the children involved and especially to the two families who suffered the loss of their child. We are doing everything possible to provide support to our students, parents, and their loved ones." China Chalet's manager told the Post the incident was "tragic" but also called driver Chao Fu was a "good man." Fu, who lives in Brooklyn, has a clean driving record.
Today, at 12:15 p.m. at the Kim Lau Arch (corner of East Broadway and Bowery), State Senator Squadron, Manhattan Borough President Stringer, and others will "release comprehensive plan for improved pedestrian safety in Chinatown." Yesterday, Stringer had lamented how this area of Manhattan has had the most pedestrian fatalities.
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Doesn't sound like an accident to me. Sounds like negligence.
If it was white people I'm sure the guy would have been charged.
Emma Olsen sounds pretty white to me.
What about vehicular manslaughter? Or criminal negligence? How do you get out of a vehicle and not realize it's still moving?
I thought you were not supposed to leave an unattended vehicle running and that there was a law against it.
This is just heartbreaking. Clearly, the driver didn't want to kill the children, but come on—two children are dead, many others were injured... what sign is the lack of charges sending to other drivers? "Sure, be negligent and kill people on the sidewalk—go right ahead!"
Agree 100%.
A Van is not a toy. He left the Engine running and got out of the Van. Regardless of his intentions, 2 children are dead.
Isn't that Manslaughter?
Absolutely agree. How is this not a chargeable offense? From what I understand, the guy threw his van into a Uturn, double parked, entered a store with his car running, and then slammed the gas hard enough to jump a sidewalk and ram through a group of pedestrians. ???? Do I think he set out to kill? No. But neither do drunk drivers. It may have been an 'accident', but it was his recklessness and negligence that caused it. Damn.
I think witnesses thought the driver was in the van at first (since it was moving), but it turns out it was empty as he had just left it running...and left it in reverse. Sigh, I can't get over this. Turn the engine off! Who cares if you get a ticket for being double parked, Chinatown is teeming with people and other vehicles.
Yes, but HOW do you leave a car in reverse and get out and not notice??? The instant you take your foot off the brake, the car starts to move if it is in gear.
This is negligence, pure and simple -- and it is sending a terrible message that this driver is not being held accountable for it.
riiiiiiiiiiiiight, making an illegal u-turn or three-point turn at top speed was a tooooooooootal accident!! suuuuuuuuure, ok, nypd, but guess what - you have lost absolutely all possible credibility in anything that involves justice and safety so ttttthhhhhhppppppttttttt!!!
oh and, of course, leaving the engine running was compleeeeeetley, an act of GAWD. oh lordy, forgive the drivers for they know not what they do! sheesh!
While I am still torn over whether or not the driver should have been criminally charged, I'm certain that he'll be taken to the shed in the civil case. The whole thing is just so sad because it was so simply avoidable.
Accident? The idiot driver didn't put the van in park.
Completely tragic. Completely avoidable. Completely negligent.
What in the world was a delivery van from a FiDi Chinese restaurant (and not a very good one) doing there?
So terribly sad.
That driver without a license that killed a boy in queens a few weeks ago isn't getting any serious charges either:
http://www.streetsblog.org/2009/01/08/no-justice-for-killing-of-ibrihim-ahmed/
In Nassau County, even a DWI pedestrian killing only gets you a slap on the wrist:
http://www.nydailynews.com/ny_local/brooklyn/2009/01/15/2009-01-15_family_outraged_at_wrist_slap_for_dwi_sl.html
When are we going to start holding people criminally accountable for the deadly negligence they exhibit behind the wheel? There is no traffic justice in this town!
http://www.streetsblog.org/2008/10/06/pedestrian-fatalities-spark-few-media-questions-zero-cries-for-justice/
Manslaughter ::: person had the intent to cause harm or serious injury, but not the intent to kill. If a man got into a bar fight and the person he punched was killed, he could and likely would be charged with this.
Criminal Negligence (Negligent Homicide falls under this) ::: person is careless or inattentive and in the process of behaving as such commits a crime (usually either someone is hurt or killed, something is damaged, etc.). If a mother left her child in a car in 105 degree weather with the windows rolled up, and that child died, the mother would likely be charged with negligent homicide.
In this case, the driver obviously didn't have the intent to harm these children, so manslaughter is off the table. Then, it was determined that forgetting to put the car in park was not as clear cut and obviously negligent as say leaving a child alone in a car with the doors locked and windows up. Unfortunately, the very act of negligence is completely open to interpretation of the DA's office. They deemed it wasn't negligent, just a horrible accident, so no charges were brought. They probably felt that not putting the vehicle in park was just a slip of the mind that anyone could do in the matter of 1/4 of a second and not even notice. Locking a child in the car in hot weather is so much more clearly negligent; the perpetrator knows it's hot out, knows the windows are closed, knows the child is in the car seat, and still chooses to leave the child in that environment. This driver thought he had his van in park, that's it. It doesn't bring much comfort to the families of those killed, I'm sure, but this is exactly why there is a separate criminal court and civil court. The DA determined that this man doesn't deserve to be locked up with drug dealers, rapists, and murderers, but definitely knows that he'll pay through the teeth after the civil trial. I know this sucks because two children are dead and he is walking free, but it's the American justice system at work.
"They probably felt that not putting the vehicle in park was just a slip of the mind that anyone could do in the matter of 1/4 of a second and not even notice."
That mentality right there is the problem. You are licensed to operate a large and dangerous piece of machinery in and crowded urban environment where the slightest mistake puts people's lives at risk. There have to be significant penalties for fatal negligence to make drivers be more attentive. I don't care if it was an honest mistake. And no, you don't have to put offenders in maximum security prisons with murderers and rapists - you know that. At least a month in minimum security seems fair.
At least in Hawaii they have a "simple negligence" clause that allows for prosecution of mere accidents. Perhaps New York should consider similar legislation. But even then only 14% of Hawaii offenders see jail time:
http://the.honoluluadvertiser.com/specials/pedestrians/day1_story1
We need to go further to hold drivers accountable for fatal accidents.
And on the auto design side, when are they going to make devices that can prevent a vehicle from driving when it's empty? It could be done either by having the seat detect the weight of the driver, or by having sensors on the pedals or the steering wheels confirm the driver is at the controls. If there's no driver, the vehicle should not begin moving from a rest position and should automatically have brakes engaged unless the feature is temporarily manually disabled.
what a croc . . should involuntary manslaughter
enough with letting drivers of the hook with their reckless behavior
Anyone of us can be mangled, maimed, scarred and dismembered and the law just shrugs it shoulders.
I hereby second the suggestion from yesterday to put up bollards on the sidewalks. Let the Entitled American Motorists have their daily demolition derby on the asphalt, drive up each others insurance, and generally kill each other off. Yeah, I said it.
I wonder what sort of punishment would be doled out to the driver in his home country.
Nothing. He'd just negotiate a payment directly with the families. And the state would pin a medal on him for population control.
Can we imagine a future where motor vehicle drivers become responsible for their actions?
yeah...I'm sure a multi-party lawsuit against a Chinese food deliveryman will be very fruitful for these parents and injured children...
An accident would be, say, the transmission broke and the car went into gear, or he suffered a heart attack at the wheel, or something.
Agreed, manslaughter is way overboard, but this is obviously negligence. It's not about how simple the mistake - forgetting to move the shit lever a couple spaces - it's about neglecting to prevent this from even happening. Many simple mistakes carry huge consequences, and thus it should be criminally negligent to be so careless.
Fuck, he'll probably even get to keep his license!
Best wishes to the kids and their families.
They can sue the company that owns the van. I wouldn't be surprised if China Chalet mysteriously locks its doors and vanishes very soon.
man, for a second there I thought the stereotype of asians being bad drivers was dying. This man kept it alive.
People in a hurry often think they left the car in park and sometimes it slips out of gear. At the very least, Chinatown should be a no idling zone and bollards should be installed. The guy will be sued and China Chalet will be driven out of business but something like this is bound to happen again. The cops will try to nail him with something but unless he's illegal or has a suspended license, he may just go uncharged.