[An Assemblyman wants the Manhattan DA's office to investigate—UPDATE BELOW] Yesterday, 21-year-old Jason King was fatally hit by a Mack truck backing up through an intersection on the Upper East Side. Driver Anthony Regisford was issued one summons for failing to secure a load and another one for not having a medical card, and police say that King may have been unable to hear the truck because he was listening to his iPod. However, critics are saying that shouldn't be an issue, especially because of a little thing called Elle's Law.

The law gives harsher punishments to "those who injure innocent victims while knowingly violating traffic laws," and Transportation Alternatives wants the NYPD to punish Regisford to the full extent of that law. They told us, “Unbelievably, the conversation about this tragedy has focused on the iPod the pedestrian was listening to when he was struck. As cruel as it is to blame the victim, injustice is worse. The NYPD has chosen not to file charges in the case, which is why Transportation Alternatives is calling on prosecutors to use New York’s new Elle’s Law and Hayley and Diego’s Law to make sure justice is done. iPods don't kill people, negligent drivers do."

King's girlfriend also commented on yesterday's article, saying, "Sure it's easier to blame the iPod vs. the irresponsible driver....Instead of making excuses, irresonsible drivers should be held accountable for their inability to drive and obey the law." King's coworkers at EAT bakery, where he was heading when he was struck, were devastated to hear of the accident. Annie Cosme told DNAinfo, "Every time I needed someone to talk to, he was always there. It's really sad to see him gone." Truck owner Davaro Carting Co. Brooklyn was also issued five summonses for equipment violations.

[UPDATE] Assembly Member Micah Kellner, Elle's Law author, is calling for the NYPD to enforce the law in this incident. He says,

I understand that the driver who killed Jason King was illegally backing up the wrong way on Madison Avenue. Apparently, however, the Police issued him nothing more than a summons for illegally backing up. ...Incidents like this one are exactly why we passed Elle’s Law and Hayley and Diego’s Law—they’re on the books for the police and the DA to use as tools to punish reckless driving and take dangerous drivers off the road. I don’t understand why the police failed to charge the dump truck driver under either or both of these laws. I urge District Attorney Vance to use all available legal tools, including Elle’s Law and Hayley and Diego’s Law, to bring this driver to justice, and to ensure that he and future reckless drivers are prevented from causing further harm.