Family Of Killed Cyclist Mathieu Lefevre Sues NYPD For Withholding Information

Mathieu Lefevere's mother Erika speaks at a rally demanding NYPD accountability for accident investigations involving cyclists. (John Del Signore/Gothamist)

Fed up with being stonewalled by the NYPD, the family of Mathieu Lefevre—an artist who was killed by a flatbed truck driver while riding his bike in Williamsburg in October—has filed a lawsuit in New York State Supreme Court. At the beginning of December, the NYPD rejected the family's request for information under the Freedom of Information Law [FOIL], informing their lawyer that the investigation into Lefevre's death was ongoing, and therefore the NYPD would not share any documents related to said "investigation." You can read the lawsuit in full below.

The Lefevre family believes that there are glaring holes in the NYPD's investigation, which has resulted in zero charges against the driver, who drove away from the scene and denies any knowledge of killing Lefevre. In a previous letter to the NYPD Highway Patrol, attorney Steve Vaccaro cites numerous flaws in the investigation, ranging from lost evidence (investigators failed to collect blood found on the truck's front) and conflicting statements from the NYPD about how the accident happened. Lefevre's mother has also blasted the NYPD for not having the decency to return her calls, and not letting her know the driver would face no charges—which she learned from reading about it in the press.

The lawsuit argues that "the NYPD cannot show that the disclosure of the records concerning Lefevre's death would interfere with its investigation, because the investigation is nearly concluded. [Investigators] Sheehan and Bono both admit that NYPD has gathered all of the evidence it intends to gather in the Lefevre investigation... NYPD asserts that release of records concerning Lefevre's death would jeopardize an impartial trial or adjudication. But NYPD has already announced there will be no criminal charges... Absent criminal charges, there is no right to a trial by jury, and therefore no chance of a tainted adjudication."

In his summary of the suit, Vaccaro concludes, "The Lefevres seek only to learn the truth about the death of their son." The NYPD, it seems, seeks only to cover its ass—and its pattern of sloppy, half-hearted investigations into accidents involving cyclists.

Lefevre - FOIL - Notice of Petition and Petition

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

By John Del Signore in News on January 5, 2012 2:25 PM

Comments [rss]

e non

how many fucking months does it take the nypd to investigate a goddamned truck hitting and killing a bicyclist.

the nypd continues to prove its contempt for the public -- esp those who are victimized.

ya gotta wonder if the thrill of joining the nypd isn't motivated more by the generous pension and early-out -- not to mention the fun of criminal activity...

peaceofmind7

enon, you said it all plain and simple. No one here, or maybe only a couple of people cares about the victim or his family. Do we live a barbaric society. What are we, creatures from another planet, cannibals from the Amazon, if they even exist. A life was taken here, people, hopefully it will never happen to you or your loved ones, and very few of you had the decency to feel for this family. It's very sad to live in such a critical society. May God Bless all of you and that driver that fled the scene, it's so obvious that he was dam drunk. Karma will get him soon enough. And as for all you with your ignorant remarks, may this sad story never happen to you. SHAME ON ALL OF YOU

xXxMExXx

I can sue the moon for keeping me up at night... It doesn't mean I am going to win anything.
Move on.

praktikal123

Bah.

I love that fact that this loud-mouth attorney and the family of this man feel that it is their position to decide unilaterally, about the depth, breadth and completeness of the police investigation - particularly when they themselves admit they don't even have all the information that has been developed.

Maybe in the world of knee-jerk reactions this period of time seems like an eternity, but for many investigations, particularly ones which may have a criminal aspect, even if only a potential, the process of investigating can be a long one. weeks. months. even years.

Do you think that the family of those prostitutes whose bodies were found near the beach in Long Island are getting copies of the police notes? witness summaries? phone records?

Patience is a virtue. all good things come to those who wait. It must be difficult, but they should calm down.

Rather than bitch and moan, why not go do your own investigation. you have the name of the driver. that and the internet should get you a lot of what you want to know. start knocking on doors. interview witnesses. hopefully, you won't end up screwing up some possible future criminal investigation, getting multiple inconsistent statements from eye witnesses, tainting yet to be discovered evidence. I don't know what happened - by why do you think the NYPD have a stake in that either? Many seem to complain how police arrest at the drop of the hat, but where they move slower and more deliberately?

Sounds like there is no conclusion yet, through it may be leading to 'non-criminal' activity. someone's comment ' there should just be a trial' - in spite of what the facts may or may not actually be, reflects such a profound level of ignorance, that I need not say anything more about that.

Police investigations are not kumbaya-sharing circles, particularly with interest-driven members of the public, who do have a stake in things. publicity, agendas, loud-mouth ambulance chasing lawyers, etc.

Consider other more serious investigations which also sometimes don't result in findings of criminality - deaths, serious car accidents, etc. - details aren't really freely shared with many outside of the investigation circle - even immediate family members.

Whatever they did, those accident investigators likely have more experience and training than you, but guess what, we are all human at the end of the day, so whatever they did and are trying to complete doing, I am sure there will be something someone will be able to criticize, perhaps legitimately. I am sure you could monday morning quarter-back it. and then what? sue them? It seems funny how people are forming strong opinions about he liability of the driver - or the cyclist - when at the same time they admit that they don't have all the information.

the strong emotions by the family suggest an inability to appreciate neutral facts - where a neutral party might acknowledge some fact, an emotional, interested family member simply may not be able to see things as they appear to everyone else. based on the level of volume by these family members and there supports, seems like a little of that might be going on here.

I used to be an avid biker - I know people who have been killed while biking. sucks for them whether it was 100% the fault of another or not. So sue the driver, take a deposition, depose the police investigators. have a field day. At the end of the day, recognize tat no one will really ever 'know' what happened, facts will be developed - consistent with others facts, inconsistent with still others - and then you can make whatever inference you want from them. Even different people viewing the same thing may recount the event differently. You may come to credit one source more than another... but this may be too much logic to bear on this discussion.

Curious why this family hasn't gone to the Brooklyn DA's office to see what their position is. Those offices are separate from the Police department - in fact, they sometimes investigate police officers. It actually doesn't matter what some Officer, Lieutenant, Captain, civil attorney or even a victim's family member thinks is a crime - it is the District Attorney's Office that actually decides whether a case will be prosecuted - the can, and do, routinely reject criminal prosecutions that the police bring. and they are also empowered to investigate matters themselves through their investigators. They also routinely discover, investigate and prosecute criminality not investigated by the police department.

This incident reminds me of similar situation with Alan Dershowitz's family member who was also struck and killed by a truck. He started whining early on about how he wanted more information about what happened. The irony of a defense attorney who has proudly represented defendants who may have taken the lives of others, or otherwise hurt and negatively impacted victims - suddenly wanted 'justice' and accountability', but only when it pertained to his family member. He wanted the police to do more and share their info with him - and he got the same thing they got - very limited information. Well, maybe it isn't exactly the same thing, but I wanted to mention it.

It is a shitty way to die. Instead of wasting all this time with this public whining, why don't they try to do something more productive - investigate yourself. lobby the legislature for some type of disclosure law or something - this public grandstanding isn't going to help bring this guy back. this isn't going to make the police 'change their minds' about whether it should or shouldn't be a criminal investigation - only the fats will do that.

It sounds like all this time that various police officials have ben responding to the calls, letters and legal demands of this family and lawyer could have been better spent on the case itself. So let them finish the job, and eventually you will get more info.

peaceofmind7

ARE YOU WRITING AN ESSAY FOR SCHOOL? IS THIS A SCHOOL REPORT OR SOME SORT? WHAT ARE YOU TRYING TO PROVE????
YOU'VE GOT NO WISDOM AND NO SYMPATHY FOR THIS FAMILY. GO AWAY

TheClaw

TL;DR

Caleb_Grey

What truth is this woman looking for? Her son was riding a bike in NYC after midnite and he got hit by a truck. What else do you need to know? She has stated that she doesnt care about what happens to the driver, so what does she want? Will it make a difference if he was hit from the side or from the back? NO. Does she want her sons toxicology report? Does she want to watch the video of her son being run over? It's an accident, they happen. The NYPD wasnt driving the truck. The NYPD isnt covering up an assassination. It's a traffic accident.

peaceofmind7

You must be the most cold blooded/evil/ignorant creature on earth. Yes, as glen_glenn replied to you--until someone does the same thing to you or your family you'll never have any idea what it is to loose a child. Should we continue to allow all the killings, corruption, rapes, covering ups, negligence, etc.,etc., that the NYPD has been doing lately??? That's why we have laws and lawsuits to bring us justice and fairness. Every individual deserves that much, even irrational animals such as you.

TWaller

Ah, excellent: one of the people who happily cedes all power to the "authority figures" and cows at their whims. Good little sheep, good little sheep :) If there's ever a real revolution, I know where you'll be: sucking the dicks of the thugs in charge while you rat out the people with guts.

100

Yeah. It's pathetic.

no body

it's a good thing we'll have champions like you to stand up for what's right. and respond to posts... totally contrary to the post you're responding against.

cetriche

It's more the fact that the police didn't do their job, and simply ruled the cyclist ran a red light, when it's nearly impossible for the cyclist to have run the light, but not the car. I imagine as the parent of a victim, you want to ensure that justice is served. Accidents happen, but the fatal ones happen all too often due to police and driver negligence.

Caleb_Grey

The red light info never came from the cops it was from shitty news reporting, like this site is best known for.

Opus the Poet

It's not nearly impossible, the bike was run over from behind. It is TOTALLY impossible for the cyclist to run the light and not the truck that hit him.

swampyankeesmom

yeah man i'm with you! he deserved to die for riding after midnight.

you jackass.

Caleb_Grey

Nobody said he deserved to die. He didnt. But he did die after midnite, which almost all media has been mum about.

TheClaw

And after midnight has what to do with what?

swampyankeesmom

what the fuck does riding a bike after midnight [not midnite] have to do with a hit and run? did the truck have working lights? well we don't know because a 1/2 assed, no an 1/8th assed investigation was done. and by the way, every article has mentioned that the accident took place shortly after midnight. my friends actually saw the response team on the way to it. the family is rightfully upset because there was a botched investigation and no accountability.

Caleb_Grey

Did the bike have lights? Reflectors? Was he wearing a helmet? Bright or reflective clothing? Was he drunk? high?
Does it matter? Not really he was struck by a truck and he died. there is nothing to botch, and there is nothing to be accountable for. There is nothing a police report will tell you that will make the situation any better.

Guest

Did you really just suggest that the guy should have had a helmet to be better prepared to being hit by a truck?

Your other questions are valid - on all sides for everyone involved. When someone gets killed the police should check those issues carefully for everyone involved - was the bike properly lit? What about the trucks lights. Were either the cyclist or truck driver intoxicated. Those are valid questions and the police have to do a better job answering them, not just assume the guy who got hit was in the wrong.

The point of police reports are accountability. They're a service to society. They help us at least try to make the parties responsible for deaths (if anyone is responsible) pay, and deter other people from being reckless in the future.

Right now the cops in NYC are demonstrating that if your'e in a car or truck you can pretty much hit and kill someone, and as long as you weren't drunk or kill a cop, you'll go free easily. You appear to be down with that.