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In Brooklyn, Another Alleged Unlicensed Driver Faces Wrist Tap for Killing

An allegedly unlicensed driver who killed a pedestrian in a Brooklyn crosswalk last month was not charged with criminal negligence by NYPD or District Attorney Ken Thompson. Meanwhile, legislation to increase the penalty for causing a death while driving without a valid license continues to languish in Albany.

The motorist who killed Raul Leone-Vasquez was charged with unlicensed driving and careless driving, but was not charged by Brooklyn DA Ken Thompson with criminal negligence under the “rule of two.”
The motorist who killed Raul Leone-Vasquez was charged with unlicensed driving, a misdemeanor, and careless driving, a traffic infraction, but was not charged by Brooklyn DA Ken Thompson with criminal negligence.
The motorist who killed Raul Leone-Vasquez was charged with unlicensed driving and careless driving, but was not charged by Brooklyn DA Ken Thompson with criminal negligence under the “rule of two.”

Raul Leone-Vasquez was crossing Bay Parkway at Bath Avenue at around 6:35 a.m. on December 28 when Simcha Rosenblatt hit him with a Toyota Camry, according to the Bensonhurst Bean and the Daily News. Leone-Vasquez, 27, suffered head trauma and died at Lutheran Hospital. His death was reported by several outlets Wednesday, following an NYPD media release.

Rosenblatt, 60, of Lakewood, New Jersey, was charged with aggravated unlicensed operation and failure to exercise due care. The Bensonhurst Bean and WNBC reported that, according to police, Leone-Vasquez was crossing Bay Parkway east to west, in the crosswalk, and Rosenblatt was southbound on Bay Parkway. If that account is accurate, and Leone-Vasquez had a walk signal, it appears Rosenblatt would either have been turning from Bath Avenue onto Bay Parkway or he drove south through the intersection against the light.

Aggravated unlicensed operation is a low-level misdemeanor that stipulates that Rosenblatt drove without a license when he knew or should have known he didn’t have one. It is common for NYPD and city prosecutors to file a top charge of aggravated unlicensed operation when an accused unlicensed driver kills a pedestrian. It's the same charge applied by police and prosecutors when an unlicensed driver commits a traffic infraction.

Third degree aggravated unlicensed operation carries a maximum penalty of 30 days in jail and a $500 fine. Drivers who plead guilty are usually fined $500 with no jail time, though Thompson and Manhattan DA Cy Vance have allowed unlicensed drivers who killed people to plead out in exchange for lower fines.

Legislation to make it a class E felony to cause injury or death while driving without a license was rejected by the State Senate last session, and didn't come to a vote in the Assembly. Another bill to require drivers with suspended licenses to surrender vehicle registrations and license plates did not get a vote in either chamber.

Raul Leone-Vasquez was killed in the 62nd Precinct, and in the City Council district represented by Mark Treyger. Drivers killed at least three pedestrians in Treyger's district in 2014, when his answer to Vision Zero was a bill to ban texting while biking.

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