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Driver Who Killed Cyclist Gets Ten Days In Jail

In April of last year, 18-year-old cyclist Jake McDonaugh was killed in a collision with a van at the intersection at Flatbush Avenue and Beverly Road. Witnesses say the driver of the van, 28-year-old Michael Oxley, ran a red light and was speeding when he killed McDonaugh. "He got stuck under the van, and the van [dragged] him about half a block against the asphalt," witness Brian Lorde told the Daily News after the 9:30 a.m. accident. Oxley was driving with a suspended license, and the NYPD took the rare step of charging him with criminally negligent homicide! Yesterday, some sort of "justice" was served.

The Post reports that a jury acquitted Oxley of homicide, and his attorney says a video from outside a restaurant "seemed to sway the jurors that Oxley had the light." But the jury did find Oxley guilty of speeding and driving with a suspended license, for which Justice Raymond Guzman sentenced him to 10 days in jail. Driving over the speed limit and killing somebody while your license is suspended? Slap on the wrist, as long as you have the right of way!

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Comments [rss]

  • Paul Kim

    only 10 days?  Does he play in the NFL?

  • The driver was in illegal possession of a WMD when he killed the cyclist (driving without a license). Why wasn't he charged with that? And do most of the people in NYC assume a cyclist hit in an intersection ran the red light?

  • cetriche

    If I carry a can of silly string around with me and spray it at every car that harasses me while riding, what are the possible consequences? Assault, littering? 

  • quixano

    i was run off the road a few years ago on houston street by a car racing to a crosstown red. i caught up with the dude and smashed the side view mirror. he chased me down, driving on a sidewalk to do so, and cornered me. called the cops. i had to pay for his rear view mirror. and they threatened to arrest me for some bullshit i can't remember...but it felt so good to smash that fucking mirror.

    the value of a car is more valuable than life i learned that day. but i became a smarter rider and i will never be run off a road again.

    note to kids: i don't recommend going around smashing cars who piss you off. it was a weak moment.

  • randomtransplant

    I am embarrassed not to know this, but would silly string still shoot if you are travelling quickly? Perhaps we can mount it to the handlebars, make some modifications so its harder to wipe off. Blood red, maybe it could shoot out of an air-horn contraption so they will wake the hell up behind the wheel.

  • swampyankeesmom

    potentially run over and the driver would get off cause he didn't know he ran you over and the string covered up your lights and you ran a red light and you  were riding recklessly and you were riding after midnight without any lights.

  • JoshNY

    They could potentially get you for vandalism too, I guess.  I still think you should do it though.

  • i am disgusted, again, by the fucked up cycling rules in this fucked up city.

  • GarageSpace 64

    if you kill someone in a car you should never be allowed to drive again.  -period.   whether it was your fault or not. to me a death is a game changer. maybe that driver should be only allowed to ride a bike to see how crazy drivers are in nyc. and a suspended license for any reason means suspended. ie you dont drive! speeding, running a light and then dragging the guy is a driver who prob lost his license for good reason and not some clerical quota

  • Cromarties_Innumerous_Basterds

    if you kill someone in a car you should never be allowed to drive again.  -period.   whether it was your fault or not.

    Really? So, hypothetically, if a pedestrian (perhaps an impaired adult or an unsupervised child for example) darts out from behind a parked car directly into the path of my vehicle, traveling within the speed limit and obeying all other vehicular laws, and I am unable to brake in time, and the resulting impact causes the death of said pedestrian -- I should be barred from operating a motor vehicle forever?

    If so, I am glad that you have absolutely no power to influence the formation or administration of our laws.  Perhaps your posting was merely an emotional response to a puzzling jury verdict -- one can only hope.

  • Pedestrians are always hypothetically darting around when consequences are proposed for killing them. In real life, it is motorists who are "darting" in vehicles that move many times faster than pedestrians are even capable of moving. Motorists should spend less time worrying about being unjustly punished for killing leprechaun-like pedestrians and instead concentrate on just not killing anybody, no matter what.

    That said, I don't fully agree with GarageSpace's proposal. I think a driver's license should be withdrawn after a fatal crash, but only as long as it takes to have a proper trial to determine if negligence was a factor. It's not every day that you accidentally kill someone; a temporary disruption in one person's life is nothing in comparison to the permanent loss of another's.

  • edgie168

    thankfully you're in no position of power to enact such game-changing changes.

  • Cromarties_Innumerous_Basterds

    what I said but shorter, thx

  • it was an accident, he should have done 0 days in jail.  just because he was suspended doesn't mean he should go to jail for a long time.  suspensions are revenue makers for the state, they do not have a bearing on his driving capability.  he wasn't drunk.

  • cetriche

    he was speeding and he killed someone. When you kill someone you suffer consequences. Hands down
     

  • bggb

    so you're against the concept of suspended licenses?

  • swampyankeesmom

    no
    a suspended license means you have lost your driving privileges. therefore you DO NOT drive. and when you are speeding it is not an accident, it's recklessness.

  • BananaNut

    more caution needs to be exercise by both drivers and bikers

  • ganghiscon

    If he didn't have a suspended license, he probably wouldn't even be doing ten days.

  • Mike_Nesmith

    Driver kills a guy driving a vehicle he shouldn't have been driving while speeding - and only gets 10 days in jail?

    Kind of sad that the penalty would only be more harsh if driver was drunk, carrying weed or had an unlicensed handgun with him.

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