8/8/2019 12.8.10 Letter to DA Regarding 81st Street Accident

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 MICAH Z. KELLNER65

thAssembly District

THE ASSEMBLYSTATE OF NEW YORK

ALBANY   COMMITTEESBanksCities

Consumer Affairs and ProtectionEnvironmental Conservation

Steering

▫ 834 Legislative Office Building, Albany, NY 12248 (518) 455-5676, FAX (518) 455-5282 

▫ 315 East 65 Street, New York, NY 10065 (212) 860-4906, FAX (917) 432-2983 

E-mail: KellnerM@assembly.state.ny.us 

December 8, 2010

District Attorney Cyrus R. Vance, Jr.

New York CountyOne Hogan Place

New York, NY 10013

Raymond W. KellyCommissioner

New York Police Department

1 Police Plaza

New York, NY 10038

Dear District Attorney Vance and Commissioner Kelly:

I am writing to you regarding an incident that occurred early yesterday morning, in which 21-

year-old student Jason King was struck and killed by a dump truck that was illegally backing up the

wrong way, as he was crossing Madison Avenue near 81st

Street. I have been informed by theCommunity Affairs Officer at the 19

thPrecinct that the driver of this truck was issued a summons for

unsafe backing, but that he was not charged with any crime and no further action has been taken.

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. Hayley and Diego’s Law provides that drivers who act in a manner that endangers apedestrian and thereby causes physical injury or death shall be guilty of a traffic infraction, withpunishment that may include a fine and/or a term of imprisonment of up to 15 days. Elle’s Law provides

that any driver who fails to exercise due care to avoid colliding with a pedestrian, and in so doing causes

serious physical injury to another person, will have his or her license suspended for a period of six months(with a full year suspension for second offenders).

Incidents like this one are precisely why we in the New York State legislature passed these laws;they are on the books for you to use as tools to punish reckless driving and remove dangerous drivers

from the road. I do not understand why the police failed to charge the dump truck driver under either or

both of these laws. While the driver’s actions may not rise to the level of manslaughter, it is certainly

clear that his negligence warrants further punishment than a summons. I urge you to use all available

legal tools, including Elle’s Law and Hayley and Diego’s Law, to bring this driver to justice, and toensure that he and future reckless drivers are prevented from causing further harm.

Very truly yours,

Micah Z. Kellner

Assembly Member