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Still No Charges From Queens DA Brown Against Driver Who Hit Five Kids

Nearly a month after a motorist mounted a curb and hit a group of kids near a school in Maspeth, no charges have been filed by Queens District Attorney Richard Brown. It appears Brown's office is leaving it up to NYPD to decide whether prosecutors will pursue a case.

On the morning of September 12, Francis Aung Lu drove a Honda SUV onto the sidewalk at Grand Avenue and 71st Street, near Frank Sansivieri Intermediate School, hitting five children outside a corner deli. Bajram Kacic, 11, suffered a leg injury. Angie Peña, 13, was hospitalized in critical condition. Marina Abadir, 14, suffered head trauma, multiple spine fractures, and required surgery on both elbows. Ashley Khan, 13, who with Abadir was pinned under the vehicle, had fractures to her pelvis and legs, among other injuries.

Michael Gomez, 13, died on September 14. Reports published in the immediate aftermath of the crash indicated Gomez had a “swollen arm.” Media outlets cited anonymous sources who said Gomez died from an asthma attack. The medical examiner's office did not respond to a Streetsblog query concerning Gomez's death.

When we asked Brown's office the day after the crash if  the DA would subpoena the driver’s cell phone records and vehicle EDR data, a spokesperson said no action would be taken unless NYPD determined "criminality." At that time NYPD said the crash was in the hands of the Collision Investigation Squad.

"The police have made no referrals to the District Attorney's Office," said a Brown spokesperson, in an email last Friday. "You will have to contact the NYPD for a status of their investigation."

Streetsblog has queried the NYPD public information office several times concerning this crash, but we have yet to learn if the CIS investigation is still active. Local Council Member Elizabeth Crowley has called for traffic-calming measures and lower speed limits in the area, but it is still unknown whether law enforcement will hold this driver accountable, or even if phone records or EDR data were collected.

Since September 13, at least seven pedestrians have been killed by drivers in Queens, according to crash data compiled by Streetsblog. The victims include a senior and a 3-year-old child -- Allison Liao, run over by a motorist in Flushing last Sunday. No charges are known to have been filed in the three of the seven cases where the driver was sober and remained at the scene.

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