Charges have been reduced against a driver who allegedly killed a woman on a Manhattan sidewalk and fled the scene.
On May 31, 2014, Thomas Shanley drove a Dodge SUV onto the curb on 10th Avenue near W. 34th Street, striking a pole that fell on Charity Hicks, according to a criminal court complaint and Gothamist. Hicks, who lived in Detroit and was in the city for a conference, suffered injuries to her head and chest. She died weeks later. A second pedestrian was also injured.
The criminal court complaint said video reviewed by NYPD showed the SUV driver "swerve across two lanes of traffic and onto the sidewalk” on 10th Avenue. Shanley’s cell phone, which was recovered at the scene, indicated that the user was sending a text message at the time of the collision, according to the complaint.
Investigators found Shanley, who fled the scene on foot, in New Jersey and arrested him in August 2014, the Daily News reported. He was on parole at the time of the crash.
District Attorney Cy Vance initially charged Shanley with manslaughter and felony leaving the scene -- class C and D felonies, respectively. However, the current charges against him are (class D) felony leaving the scene, criminally negligent homicide (a class E felony), and leaving the scene of an incident without reporting (a class A misdemeanor). Vance's office declined comment on why the manslaughter charge was dismissed, as the case remains open.
In New York City, motorists accused in deadly hit-and-run crashes usually face a top charge of leaving the scene -- assuming they are prosecuted at all -- and are rarely charged for taking a life. So though the top charge in this case was reduced to felony leaving the scene, it's noteworthy that Vance elected to pursue a homicide charge and succeeded in securing an indictment.
Class D felonies carry a maximum penalty of seven years in prison. Shanley is expected to go to trial in March. He has been in jail since pleading not guilty in January 2015, court records say.
