Skip to Content
Streetsblog New York City home
Log In
Astoria

NYPD: No Charges for Driver Who Left Van in Gear, Killing Senior in Astoria

3:24 PM EDT on September 1, 2016

Image: NY1
Image: NY1

Update: The Daily News identified the deceased victim as Arline Smeal.

A motorist killed one senior and severely injured another when the unattended van he was driving, left idling and in gear, backed across an Astoria intersection and onto the sidewalk. NYPD filed no charges.

The crash occurred at around 2 p.m. at Broadway and 32nd Street. After the driver, a 29-year-old man, exited the Ford van, "the vehicle began to roll backwards on 32nd Street and struck two pedestrians before colliding with a food cart,” according to NYPD.

The van hit an 80-year-old woman and a 71-year-old man -- who according to WNBC and the Daily News operated the food cart -- before crashing into the wall of a building.

Both victims were taken to the hospital in critical condition. The woman died from her injuries. Police have not released her name, pending family notification.

“The back left wheel and the front right wheel rolled over this old lady’s neck and then hit an older gentleman, knocked the souvlaki stand, and it was just devastating,” one witness told WCBS.

The van “pushed the food cart about 25 feet and clipped the owner in the back of the head and then rolled over his legs,” the News reported.

WPIX posted video of the van rolling through the intersection.

The circumstances of yesterday's crash are very similar to the crash the led to the adoption of the state's vulnerable user law. In 2009, a van left unattended by a commercial driver backed onto a sidewalk in Chinatown, killing toddlers Diego Martinez and Hayley Ng. The crash prompted state legislators to establish the offense of careless driving for cases where a driver injures or kills a pedestrian or cyclist while failing to use due care. NYPD has a poor record of enforcing the law.

As of this afternoon NYPD has filed no charges and issued no tickets for yesterday's crash. The department's public information office told Streetsblog the investigation is ongoing.

With reporting by David Meyer

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Popular Fort Greene Open Street Fizzles After City Pulls Support

DOT reassigned its contractor, and this open street — which once hosted rollicking dance parties — is history.

October 2, 2023

Monday’s Headlines: Thin-Skinned, Anti-Restler Mayor Edition

Under fire for how he handled the storm, the mayor found a familiar target: Brooklyn Council Member Lincoln Restler. Plus other news.

October 2, 2023

Two Paths Forward: Broadway Shows What Could Be on Fifth Avenue

It's time to widen Fifth Avenue's sidewalks and add a protected bike lane. Delays hurt everyone.

CYCLE OF RAGE: Even Cheap Souvenir Plates Fool NYC Speed Cameras — And Piss Off an Out-of-Town Man

You don't have to be SEXY to fool New York City speed cameras. You just have to pretend to be.

October 2, 2023

We Have the ‘End of Days’ Flooding Pics You Need Right Now

It's bad out there. How bad? Here is a citywide roundup from our staff ... and our friends on social media.

September 29, 2023
See all posts