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Will Cy Vance Fail to Prosecute Another Serious Midtown Curb-Jump Crash?

New Yorkers have seen this before.

Manhattan District Attorney Cy Vance sees no evidence of recklessness here. Photo: ##https://twitter.com/FDNY/status/496750617613066240##@FDNY##
No evidence of recklessness here, says Manhattan District Attorney Cy Vance. Photo: ##https://twitter.com/FDNY/status/496750617613066240##@FDNY##
Manhattan District Attorney Cy Vance sees no evidence of recklessness here. Photo: ##https://twitter.com/FDNY/status/496750617613066240##@FDNY##

On a beautiful summer day, a professional driver with a history of recklessness behind the wheel drives onto a crowded Midtown sidewalk, striking multiple people and causing serious injuries. The driver lays blame elsewhere, on factors he claims were beyond his control. Meanwhile, staff from Manhattan District Attorney Cy Vance's office, who don't normally discuss vehicular crimes with reporters, issue statements assuring the public that prosecutors are on the case.

It was one year ago this month that yellow cab driver Mohammad Faysal Himon severed the leg of tourist Sian Green. In November, Vance's office announced that no charges would be filed.

On Tuesday afternoon, William Dalambert crashed a Gray Line double-decker bus into an SUV and another sightseeing bus at 47th Street and Seventh Avenue, then jumped the curb and knocked over a light pole, injuring 18 people. Dalambert has anywhere from 11 to 20 license suspensions on his record, according to reports. He has been cited for speeding, using a cell phone while driving, and driving without a license. Video reportedly shows him accelerating before Tuesday’s crash, as the light in front of the bus turned red. Dalambert claimed the brakes on the bus failed, but investigators found no evidence of a mechanical problem.

Dalambert was arrested for driving while ability impaired, but further tests indicated no intoxication, and to this point Vance has filed no charges.

“[A]t this present stage of the investigation, there is not sufficient basis to conclude that the defendant was operating the tour bus in a reckless manner,” read a court notice filed by Vance’s office. Vance spokesperson Joan Vollero said the office is still investigating: “We are awaiting results of the full toxicology report. We are taking this matter seriously.”

Whether or not Dalambert was under the influence, that he drove into two vehicles, mounted the curb and injured multiple bystanders is not in dispute. Only through sheer luck did the people in his path escape death, and the severity of the victims’ injuries is not publicly known.

There is video of this crash, and, as with the Sian Green case, no shortage of witnesses. And yet -- as with the Sian Green case -- Vance has issued no charges for recklessness or criminal negligence.

Time will tell if DA Vance steps up in this instance to protect New Yorkers from dangerous drivers, or if the outcome of this serious crash will be déjà vu all over again.

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