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January/February 1997, p.2 Provocateur: Criminal Negligence
September 3, 1996 Mr. Leroy Frazer Jr. Dear Mr. Frazer: I learned
today that a local businessman and acquaintance of mine, Mr. Mike Regina, died
on Aug. 15 from injuries he sustained when he was struck by a motor vehicle
traveling at high speed in reverse on Lafayette Street, across the street from
his auto body shop at 62 Prince St. The accident occurred on Friday, Aug. 9.
Has the driver been charged with a crime? Octobers, 1996 Dear Mr. Komanoff: NYPD records show that the driver was not arrested in connection with this accident. Vehicular accidents generally are first investigated by the Police Department, which makes the initial determination as to whether not violations of the New York State Penal Law are found. If the police do not make an arrest, the matter is forwarded to the District Attorney's Office for possible prosecution. Thank you for taking the time to share your concern on this matter. Leroy Frazer, Jr. October 9, 1996 Dear Mr. Komanoff: I understand that a response to your Sept. 3 letter has been mailed to you. I hope you find it to your satisfaction. I understand your concern that people responsible for vehicular homicides should he prosecuted and you can rest assured that, when warranted, this office will vigorously prosecute those who have violated the law in this manner. Once again, thank you for your concern. Robert M. Morgenthau October 17, 1996 Mr. Robert M. Morgenthau Dear Mr. Morgenthau: Mr. Regina was struck by a motor vehicle traveling at high speed in reverse on Lafayette Street. Eyewitnesses believe the vehicle was traveling at about 25 miles per hour. The vehicle had to have been traveling at a high rate of speed to break several of Mr. Regina's ribs on contact and to throw him 15-20 feet in the air (causing his head to strike the pavement with such force as to precipitate his death from head injuries). Does not the behavior of the motorist meet the standard for Criminally Negligent Homicide, which Executive Assistant District Attorney James M. Kindler defined as follows in a letter to me on Jan. 30,1991: The Penal Law defines
"criminal negligence" as failure to perceive a "substantial and
unjustifiable risk" under circumstances amounting to a gross deviation
from the standard of care that a reasonable person would observe in the
situation." Does not operating a motor vehicle in reverse at an excess of approximately 10 mph on any well-traveled Manhattan street qualify as a gross deviation from the standard of care that a reasonable person would exercise? If you disagree, please tell me how, and why. Each year some 60-70 pedestrians and half-a-dozen bicyclists die from collisions with motor vehicles in New York County. No more than a handful of such incidents result in prosecutions. While motorists aren't necessarily culpable in each incident, motorist behavior is at least a contributing cause, if not the primary cause, in many. Can you square your commitment to justice and public safety with such a lackadaisical posture toward this ongoing carnage on our streets? Charles Komanoff November 27, 1996 Dear Mr. Morgenthau: It is now 41 days since I last wrote you, inquiring why your office has thus far declined to prosecute the motorist who killed Mike Regina by driving into him in reverse at high speed on Aug. 9 of this year. And it is 12 days since your representative told me by phone that I would receive a reply "in a few days." No such reply has arrived as yet. Charles Komanoff |
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