Unlicensed Dump Truck Driver Who Killed Woman Gets Off With $500 Fine

(Laurence Renard)

As we've seen demonstrated with revolting frequency, it's easy to get away with murder in this town: just get behind the wheel of a motor vehicle and stomp down on the gas pedal. The latest example of our highly dysfunctional legal system comes courtesy Diego Tapia-Ulloa, a 23-year-old dump truck driver whose license was suspended when he fatally ran over Laurence Renard, a 35-year-old fashion stylist, on the Upper East Side in January. After the accident, he was arrested and charged with aggravated unlicensed operation of a motor vehicle in the third degree. Streetsblog reports that on July 7th, Tapia-Ulloa pleaded guilty and the wheels of justice groaned into "action," spitting out a $500 fine.

Tapia-Ulloa will not do any jail time, and in his essential Streetsblog story, reporter Brad Aaron writes, "The guessing game that routinely ensues after a New York City traffic death is symptomatic of a dysfunctional system that fails victims at every level. Without crucial information withheld by police and prosecutors it is often impossible to judge whether justice has been served. A new law requiring NYPD to release traffic crash data is in its first stages of implementation, but while it will shed light on the location and main contributing factors of each crash, it will not divulge details of crash investigations."

After pedestrian Jason King was killed by a truck driver in December while crossing Madison Avenue in the crosswalk, officials called on the Manhattan DA to prosecute the driver. Elle's Law, named after a four-year-old girl who was seriously injured by a reckless driver backing down a UES street to find a parking spot, was enacted last year to create stiffer penalties for drivers. But it doesn't seem to be working. After King's death, Upper East Side Assembly Member Micah Kellner wrote to DA Cy Vance, "As the sponsor of Elle’s Law and a supporter of the Hayley Ng and Diego Martinez Law, I am greatly concerned that neither of these important pedestrian-protection laws has apparently been enforced in this incident."

It's hard to feel optimistic when the very laws created to punish reckless drivers turn out to be impotent, but if there's any light at the end of the tunnel, it could be emanating from Governor Cuomo's office. Cuomo seems inclined to make transportation safety a signature issue of his tenure, and at a high profile press conference this week, he compared using a car to "driving a two-ton missile."

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By John Del Signore in News on July 14, 2011 11:30 AM

Comments [rss]

Gwinny

Laurence Renard, you deserved better than this.

bggb

In NYC, you can murder someone as long as you do it with car.

Part 8,032,899.

Christopher Havens

NYC and NYS protect the trucking industry, don't enforce emission issues and let them get away with damaging public property. Only answer to above is MASSIVE civil suit.

GalBklyn

yep -- agreed. As for laws on the books - Not sure why "criminally negligent homicide" wasn't charged?

It seems to fit.

http://law.onecle.com/new-york...

Rocknrope

I wish someone with an actual legal degree could comment on the logic of this decision and why the charges weren't more severe instead of all of us talking out of our ass about it, but that person is probably too busy to comment on a blog.

Or maybe it doesn't make any goddamn sense, legal expertise or not.

hotguy

I have a law degree from cuny

jibbly

jaycjay will usually turn up sometime later to comment.

armchair_warrior

nyc justice is only for criminals. if you're a criminal and you have been wronged, you get money etc.. if you're a citizen and you get killed or murder etc.. lol good luck with justice.

hotguy

Absolutely
Wow i wish i met her before she got murdered by this fucker
Very pretty
Hell I might have prevented her death. Who knows
Just being in the wrong place at the wrong time. I see this all the time
People are always standing too close to the street when waiting to cross the street
The carting business is the worst offender. Always bullying and barging their way through the street
It's like they can't pick up the garbage fast enough

theevilerone

The maximum sentence for aggravated unlicensed operation of a motor vehicle in the 3rd degree is 30 days in jail and/or a $500 fine. They typically charge 1st or 2nd degree if alcohol is involved or if the person has had multiple suspensions.

I don't know why he wasn't charged with other crimes; they must have had no evidence. The standard to get a grand jury charge is really low.

Adam Moreira

Since he was unlicensed at the time, to me, this is second-degree murder, alogg with assault with a deadly weapon (the vehicle).

theevilerone

He wasn't drunk. Vehicular Manslaughter in NY:

http://www.criminaldefensefirm...

mattbrooklyn

gothamist is filled with fascist car-hating nazis. this is clearly an accident. the freedom to drive through the city is probably the most important freedom we have. we already limit it way too much with so many regulations. i cannot believe that people aren't allowed to text and drive.

if people are criminally responsible for small mistakes - like killing someone - then that freedom will be almost destroyed.

driving is a human right!

Trustafarian

i agree to a certain extent - but he was unlicensed. operating a multi ton vehicle without a license is negligence (in my book)

Bambi Blue

You almost had me there, heh. I felt like I was on Literally Unbelievable for a second there.

edgie168

i c wat u did dere

Rocknrope

How does someone with a suspended license get no jail time? How is this not manslaughter 2? it's not like the woman ran into the middle of the street; the driver was turning left too fast and killed her - that sounds like manslaughter to me.