Mathieu Lefevre. Photo by Chieu-Anh Le Van via ##http://tracysooming.com/mathieu/##Support Justice for Mathieu Lefevre##Mathieu Lefevre. Photo: Chieu-Anh Le Van via ##http://tracysooming.com/mathieu/##Support Justice for Mathieu Lefevre##
Leonardo Degianni's DMV safety hearing took place on March 2, three-and-a-half years after he hit Lefevre at the intersection of Morgan Avenue and Meserole Street. At around midnight on October 19, 2011, Degianni was driving a crane truck, traveling in the same direction as Lefevre, when he struck Lefevre while making a right turn. Degianni did not stop at the scene, and was identified after police found the truck parked a block away.
After initially blaming Lefevre for the crash, NYPD summonsed Degianni for failing to signal and careless driving, but DMV dismissed the tickets. Degianni, who told police he didn't know he had run Lefevre over, was not charged criminally by NYPD or former Brooklyn district attorney Charles Hynes.
DMV administrative law judge Marc Berger announced his findings from the hearing on March 6 [PDF]. Based on video evidence and testimony from NYPD Detective Gerard Sheehan, who investigated the crash, Berger determined Degianni did not signal his turn and failed to use his mirrors. “Had he signaled 100 feet prior to turning, as required under VTL section 1163(b), Mr. Lefevre would have been alerted, before he even reached the truck, and been able to protect himself by taking evasive action,” Berger wrote.
Berger found that in addition to failing to signal, Degianni failed to exercise due care. “These violations contributed to the accident and warrant taking action against the license and/or driving privileges of the respondent,” Berger wrote.
Berger's ruling was posted on a new DMV web page that lists hearings resulting from fatal crashes.
In New York State, a license suspension means a motorist can pay a fee and get his license back after the prescribed period -- 180 days in Degianni's case. While it's technically not as serious as a revocation, which requires a driver to re-apply for a license, a six-month suspension is notable for the DMV, which has a history of going easy on motorists who kill people.
Steve Vaccaro, attorney for the Lefevre family, said in a statement:
On behalf of the families we represent who have lost loved ones in crashes, I welcome the DMV's decision and process. Mr. Degianni's 180-day suspension is one of the most serious sanctions to be applied to a sober, reckless driver in a fatal New York City crash in recent memory. The DMV's new practice of announcing safety hearing results online is also a welcome step for the agency towards greater transparency and accountability.
Brad Aaron began writing for Streetsblog in 2007, after years as a reporter, editor, and publisher in the alternative weekly business. Brad adopted New York's dysfunctional traffic justice system as his primary beat for Streetsblog. He lives in Manhattan.
Built between 1937 and 1964, the Brooklyn-Queens Expressway is an enduring symbol of the destructive, car-centric transportation planning of the early- to mid-20th century.