Despite the fact that the Muslim cabbie admitted road rage led to the crash that severed the woman’s legs.
Note that the NYT did not use the perps full name: Mohammed Faysal Himon. Odd. via No Charges Against Cabby in Crash Injuring Tourist – NYTimes.com
No charges will be filed against the cabdriver who crashed onto a pedestrian plaza in Midtown Manhattan in August and pinned a British tourist, severing her left leg just below the knee, prosecutors said on Thursday.
The office of the Manhattan district attorney, Cyrus R. Vance Jr., said that after an investigation of two months, it had decided that the driver, Faysal Himon, would not be charged with a crime. Mr. Himon’s license was suspended for 30 days after the crash, on Aug. 20, for prior violations, but he has been cleared to drive since late September, according to the city’s Taxi and Limousine Commission.
Daniel G. P. Marchese, a lawyer representing the family of the injured woman, Sian Green, said that the family was shocked and disappointed by the decision. But he said that it would not preclude the Greens from suing the driver, his cab company or the taxi commission, among others.
Mr. Marchese said that based on his knowledge of the evidence gathered, he believed Mr. Himon had intended to ram his cab into a cyclist, who, the driver said, had cut him off in late-morning traffic at the intersection of 49th Street and Avenue of the Americas. Mr. Marchese said that after Mr. Himon braked to a sudden halt, his cab rocked back, then lurched toward the cyclist, Kenneth Olivo.
The cab jumped the curb and hit Ms. Green, who was sitting on a ledge, holding hot dogs just bought from a sidewalk cart. When her screams pierced the Midtown noise, an assortment of people, including a plumber, the owner of a pizza truck and other food vendors, rushed to apply a tourniquet and ice to Ms. Green’s wound.
Along with the loss of half a leg, Ms. Green, who lives in Leicester, England, sustained nerve damage to her right leg and a traumatic brain injury, Mr. Marchese said. Now 24, she is taking college classes but has not returned to work since the crash, he said.
To charge Mr. Himon, prosecutors would have had to show that he intended to crash into Mr. Olivo, Mr. Marchese said. But they told Mr. Marchese that they did not feel they had sufficient evidence of such malice, he said.
Joan Vollero, a spokeswoman for Mr. Vance, said the investigation had been thorough.
“In making this determination, prosecutors who are specially trained in vehicular crimes reviewed all available evidence and took into consideration relevant sections of the state’s vehicle and traffic laws,” Ms. Vollero said in a statement. That evidence included surveillance videos from the scene, tapes of calls to 911 and data from the cab’s “black box,” she said.
The decision not to charge Mr. Himon left some advocates for pedestrian and bike safety dismayed.
“This decision has frightening implications,” said Paul Steely White, executive director of Transportation Alternatives. “Drivers have the most responsibility, because people behind the wheel of one-ton vehicles have the greatest capacity to do harm to others. The law should acknowledge that fact.”
Mr. Marchese said he would attempt to obtain the prosecutors’ file on the investigation under a Freedom of Information request while his clients considered whether to file any civil suits. He said they had at least a year to make that decision.
From a previous post:
A witness made sure Himon wouldn’t try to slip away as a horrified crowd gathered.
“A random pedestrian came up to me and said, ‘Give me your keys! Stay in the car!’ ” Himon recalled.
Even though he admitted losing his cool, he blamed the bicyclist, who has a long rap sheet and may also face charges in the crash.
“I personally feel that if that man on the bike didn’t bang on my car, maybe this would not have happened,” Himon said. “I didn’t yell at him. I had my windows up and my A/C on. I could barely hear what he was saying.
“I thought to myself, ‘This guy isn’t any good. I need to speed up to get away from him.’ I accelerated, and the rest is hard to remember.”
Filed under: Creeping Sharia, Immigration, Legal, Media, New York, News, Politics, Religion | Tagged: Creeping Sharia, islam, law, Legal, Life, Media, Muslim, New York, News, NYC, Politics, Random, travel | 5 Comments »