Skip to Content
Streetsblog New York City home
Streetsblog New York City home
Log In
Traffic Justice

Judge Clears Unlicensed Driver Who Left Doored Cyclist to Die in the Street

An unlicensed driver who fatally doored a Brooklyn cyclist and left the scene has had the sole criminal charge against her thrown out of court.

The driver who doored cyclist Jasmine Herron reportedly broke up to three laws. She was not charged for one offense; the second charge was dropped; and the third was dimissed by a judge.

In September 2010, 23-year-old Jasmine Herron was run over by a city bus on Atlantic Avenue after Krystal Francis, of Staten Island, opened a car door in her path. According to reports, Francis left the scene to attend a baby shower and later denied involvement in the crash. She was initially charged with driving with a suspended license as well as felony leaving the scene -- a charge that was later dropped because the law only applies to moving vehicles. She was not charged for dooring, which is a violation of city and state traffic rules.

In February, Francis was found guilty at trial of aggravated unlicensed operation of a motor vehicle in the third degree, a misdemeanor that stipulates that she drove without a license when she knew or should have known she didn’t have one. Prosecutors said Francis’s license was suspended after she ignored two notices and did not answer a traffic ticket she received five months before the crash, according to trial coverage in the Daily News.

On Tuesday Brooklyn Supreme Court Justice Guy Mangano overturned the jury verdict, citing -- or perhaps creating -- a loophole that would seem to undermine most if not all suspended license cases. The Daily News reports:

Prosecutors had to prove, among other things, that Francis had proper notice that her license expired before she got behind the wheel the day of the September 2010 wreck. To do that, they called a Department of Motor Vehicle supervisor from the Brooklyn office, not from Albany, where such notices originate.

Because the witness "did not have personal knowledge of the mailing procedures," the judge wrote, Francis’ constitutional right to confront witnesses against her was violated.

"There was no proof offered whatsoever concerning an essential element of the crime," the judge ruled.

Mangano said in court that the need to show that the suspension notice was sent by the DMV and that the Post Office delivered it to the right address makes it "extremely difficult, if not impossible, for the People to prove these cases."

Here we have a driver accused of no fewer than three offenses related to a fatal crash -- driving without a license, dooring and leaving the scene -- whom the New York State criminal justice system fails to penalize in any way. More broadly, Mangano is basically saying that under current DMV protocol there is no way to convict for driving without a license, which is often the lone offense pursued by prosecutors in cyclist and pedestrian fatality cases. The Krystal Francis fiasco again points to the fact that in New York State killing a person with one's vehicle is usually not considered an illegal act in and of itself.

"I cannot understand how a judge can change the verdict of 12 jurors," said Herron's mother Wendy Clouse in a statement issued through her attorney. "This girl did something illegal that led to my daughter’s death. To make it worse, she left the scene."

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Day 1: Criminal Court Judge Issues Safety Lectures to Cyclists, Including Citi Bike Celeb

A Manhattan Judge used the bench to give "a talking to" to suspected cyclists — including one of the Citibikeboys!

DOT Proposing A 14th Street-Style Busway For 34th Street

It's the sequel you've been waiting for. Here's hoping Mayor Adams delivers, said one activist.

May 19, 2025

Sohn in Albany: State Bill to Force Drivers to Pass Safely Stalls

Apparently, New York City is just too unsafe for legislation forbidding drivers to pass cyclists too closely.

May 19, 2025

Car Harms Monday: Machines Took Over Cities and Left Humans in the Dust

There isn't enough physical space for every single household to store its fleet of personal vehicles in front of the home, nor is there space for everyone to drive at the same time. So let's fix that.

May 19, 2025

A Valuable History Lesson for Jessica Tisch: ‘The Rules of the Road’ Were Written for Cars

Hey, Commissioner, listen to this historian: When rules recognize reality, suiting the distinct needs of categorically different users, everybody wins.

May 19, 2025
See all posts