Manhattan District Attorney Cy Vance will file no criminal charges against the cab driver who killed 9-year-old Cooper Stock and injured his father in an Upper West Side crosswalk in January.
Lisa Belkin of Yahoo News reports that prosecutors met Wednesday with Cooper's parents, Richard Stock and Dana Lerner.
“They told me there is nothing in the law right now that specifies that he can be charged with any crime,” Lerner said, describing the meeting. Under New York law, criminal charges can only be brought if a driver who injures or kills a pedestrian commits two misdemeanors at a time. Because the driver, Koffi Komlani, was charged with “failure to yield” but nothing else, he will face a penalty of up to $300 and three points on his license.
First, the "rule of two" is an arbitrary standard that holds that a New York State motorist who is breaking at least two traffic laws at the time of a crash may be charged with criminal negligence. It has no statutory basis, and as a candidate for DA in 2009, Vance pledged to challenge the precedent in court.
Here is a passage that used to appear on a now-defunct page on Vance's campaign web site:
There is no reason why two traffic violations are necessary in order to support a conviction of criminally negligent homicide. I view the “Rule of Two” as the result of case law which should be modified to reflect the reality that one vehicular crime is fully capable of killing. Although in recent years this notion has been applied by the courts in a less strict manner -- it is indisputable that it does not take two violations to kill someone. Many violations -- speeding, running a red light, or failing to stop at a stop sign are more than dangerous enough to take a life.
So why did Vance decline to pursue charges for this vehicular killing? As was the case when Vance failed to prosecute the cab driver who severed the leg of a Midtown tourist, the public is left to guess. "A spokesman for the DA’s office said that the agency does not comment on investigations or charges that are not brought," Belkin reports.
Instead, Vance's office referred to testimony it provided to the City Council in February: "It can be difficult for people to understand why a crash that seriously injures or kills someone is not always a crime. The reality is that often these cases do not meet the complicated legal requirements for criminal charges."
It is difficult to understand why Vance is not prosecuting sober reckless drivers who injure, maim, and kill, especially since he refuses to say.
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