Skip to Content
Streetsblog New York City home
Streetsblog New York City home
Log In
Carnage

Driver Cleared by Manhattan Jury in Hit-and-Run Death of Marilyn Dershowitz

Ian Clement, the U.S. Postal Service employee who drove a truck over cyclist Marilyn Dershowitz, then left the scene, has been found not guilty of hit-and-run by a Manhattan jury.

Marilyn and Nathan Dershowitz. Photo via New York Post

The crash occurred on July 2, 2011, as Dershowitz and her husband Nathan rode their bikes on W. 29th Street, near Ninth Avenue, in Chelsea. Video of the crash showed Clement's truck rock back and forth at the moment of impact, stop for a time with flashers blinking, then drive away.

Clement testified on the stand that he never saw Dershowitz, either before or after the fatal collision, and said it did not occur to him until later that he may have hit someone, despite the immediate convergence of passersby and, soon after, emergency vehicles at the scene.

Clement was charged by Manhattan District Attorney Cy Vance with leaving the scene of an incident resulting in death, a felony that requires prosecutors to prove that the motorist knew or had reason to know that injury had been caused.

Media coverage of the trial tended to reflect a city press corps that is by and large unable or unwilling to report on vehicular crimes in any meaningful way. Outlets including the Daily News fixated on the notoriety of the victim's brother-in-law, and eagerly propagated the defense narrative that Clement should not have been prosecuted. WPIX incorrectly reported that Clement was on trial for intentionally running Dershowitz over, but managed to name-check O.J. Simpson and Mike Tyson, former clients of Alan Dershowitz.

Though it was far and away the most publicized vehicular crimes trial in recent memory, the scourge of hit-and-run crashes and the difficulty in holding drivers accountable, thanks in part to ineffectual state statutes, was not directly addressed.

Vance released this statement just after noon today:

"We respect the jury’s verdict. However, far too many cyclists and pedestrians are killed in crashes with motorists each year, in every borough of our city. Often times these deaths are not crimes, but they are of grave concern to this Office, as they forever change the lives of victims, their families, and the drivers involved. We will continue to file charges where we believe the evidence merits them, and do everything we can as an office to make our streets safer for everyone."

According to Vance's office, prosecutors have filed charges for leaving the scene 127 times, including 33 incidents involving serious injury or death, so far in 2012.

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Most NJ Gov. Candidates Have No Problem With ‘Boondoggle’ Turnpike Widening

The $11-billion highway expansion would double road capacity heading toward Lower Manhattan. Of the contenders, only Mayors Steve Fulop of Jersey City and Ras Baraka of Newark oppose it.

June 4, 2025

Wednesday’s Headlines: ‘Fairly Often’ Edition

Andrew Cuomo claims he rides the subway "every other week." Plus more news.

June 4, 2025

Tuesday’s Headlines: Stop Super Speeders Edition

There's a new member of Families for Safe Streets, which is not good news. But maybe his voice will lead to change. Plus other news.

June 3, 2025

Uptown Portion of Hudson River Greenway Closed For Another Month

Tell us, would car owners put up with a crucial road closed for months with no detour?

June 3, 2025

MTA To Finally Untangle Notorious Brooklyn Subway Pinch Point

The MTA's new capital plan will finally unclog a notoriously slow-rolling segment of the subway in Central Brooklyn.

June 3, 2025
See all posts