An unlicensed driver who fatally struck a senior as she crossed the street with the right of way will pay a $400 fine, pursuant to a plea arrangement with Manhattan District Attorney Cy Vance.
Keiko Ohnishi was walking with a cane across Madison Avenue at E. 98th Street on September 4 at around 9:47 a.m. when Kristin Rodriguez, 25, drove a minivan into her while making a left turn from E. 98th onto Madison, according to NYPD and the Post.
"[The van] hit her and she [flew] up and back down and he kept on going with her under him," witness Tracy Molloy told the Post. "He was trying to make the light like every New York City driver."
"I walked over and started to pull her dress down, and the driver was panicking," said Neud Clermont, another witness. "He was like, ‘Oh my god, I didn’t see you!’”
Ohnishi, 66, was admitted to Mount Sinai Hospital in critical condition. She died from her injuries. Streetsblog was made aware of her death via the NYPD monthly crash data report and WNYC’s Mean Streets project.
Rodriguez, whose van had North Carolina plates, was summonsed for failure to yield and charged with third degree aggravated unlicensed operation, according to the Post and court records. Court records indicate he was not charged under city code Section 19-190, known as the Right of Way Law, which as of August makes it a misdemeanor to strike a pedestrian or cyclist who has the right of way. NYPD and Vance did not upgrade charges against Rodriguez after Ohnishi died.
Aggravated unlicensed operation is an unclassified misdemeanor, the lowest level misdemeanor category. It is seemingly the default charge against unlicensed drivers who kill New York City pedestrians, and is also applied when unlicensed drivers commit non-criminal traffic infractions. Third degree aggravated unlicensed operation carries a maximum penalty of 30 days in jail and a $500 fine. Drivers who plead guilty are normally fined with no jail time.
At a Fordham Law School event in November, Vance said he is prevented from prosecuting drivers who kill in cases that "may not have the facts to support a criminal prosecution and conviction." For this crash and others like it, however, the Vance team clearly had enough evidence to bring a criminal case, yet declined to charge an unlicensed motorist who failed to yield for taking a life. Since the driver was charged with unlicensed driving and failure to yield, this case also seems to satisfy the so-called "rule of two."
On Wednesday, Rodriguez, who was free on $1,000 bond, pled guilty and was sentenced to a $400 fine and $88 in fees, court records say. There is no indication that the court took action against his driver's license. Rodriguez is scheduled to pay his fine in March.
