Saturday, August 12, 2017

Report: No charges for driver who struck and killed East Village cyclist

The NYPD has declined to charge the garbage truck driver who struck and killed Neftaly Ramirez (pictured), an East Village resident biking home from his job at Paulie Gee's in Brooklyn early on July 22.

Per DNAinfo:

While the Brooklyn District Attorney's office said they are still investigating the deadly July 22 crash, no criminality is suspected, an NYPD spokesman said.

Detectives based their conclusion on the unidentified driver's behavior after the crash.

"He continued to pick up the garbage from his route," NYPD spokesman Ahmed Nasser said. The person, based on the speed of the vehicle, where the vehicle was the whole time, indicated that this person probably didn't realize he had hit the victim."

The driver worked for Action Carting. According to published reports, the private trash hauling company has been responsible for five (three pedestrians, two cyclists) deaths since 2008.

Per Streetsblog:

In the last 24 months, Action Carting drivers were involved in seven crashes involving pedestrians, resulting in eight injuries, according to Federal Motor Carrier Safety Administration records. In that same period, the FMCSA says 44 percent of Action vehicles were taken out of service due to safety violations — more than twice the national average.

The company has five standing contracts with city agencies — three with DOT adding up to about $2 million and two with the Department of Environmental Protection worth about $35 million apiece. All but one of those — an $800,000 contract with DOT — were signed during the de Blasio administration.

Paulie Gee's proprietor Paul Giannone told Gothamist yesterday: "I'm very upset right now ... Because nothing is going to happen to this guy [the driver]. The guy said he didn't know, I think he's full of it ... I think he's a liar, and I hope he rots in hell."


Anonymous said...

That is fucking awful. I don't know what else to say. Such a young life with much ahead of him. While I personally don't believe in a higher power, I do believe in karma. I've come to understand what goes around, comes around. The P.O.S whom is responsible for this horrible and reckless crime will receive his comeuppence. If I were him, I would have difficulty facing myself in the mirror let alone sleeping. This is an utter disgrace to his family and life. And what is up with the NYPD or the DA? At the very least, the driver should lose his position, his drivers license, his livelihood, and be held civilly responsible for this young man's death?

In the meantime, perhaps there is something else we as citizens of this city can do? Write to the Mayor or the Governor? Petition? In the meantime, my condolences to his loved ones :(

Anonymous said...

Hi Carlina Rivera:
Hello Rosie Mendez:
Any word regarding the safety of people not driving vehicles in this city?

Anonymous said...

Horrifying. NYPD letting traffic violence go unpunished (just read about the apparently intentional hit and run of a cyclist on 2nd Ave & 2nd St recently, and 9th pct's outrageous response...) & the city continues to grant contracts to companies whose drivers kill and maim our neighbors. Surely, if there were financial consequences for companies whose business activities cost our neighbors their lives or health, they would care more to properly train their drivers and to give them manageable schedules ensuring that they drive safely & don't have too rush? The private carting industry is a swamp and for the sake of the public, as well as the employees, our city government needs to take strong action to demand that they do better. MUCH better.

I cannot wait until NYC finally introduces zoned commercial trash pickups, hopefully in a couple of years. Estimates state this would cut trash truck traffic by at least a half. Can you imagine the benefits to public safety and reductions in traffic pollution? I hope I live to see this... Imagine, walking down an East Village street in the morning and not dodging trash trucks everywhere...

Rest in peace, Neftaly. I am so sorry for you untimely, cruel death, and your loved ones' loss.

Carol from E. 5th St. said...

The NYPD doesn't "charge" anyone with anything. Their detectives investigate and turn over the information they gather to the DA's office.

JQ LLC said...

Because the driver continued with his route resolves him from slaughtering a man. This is the conclusion investigators came up with?

All you have to know that this shitty waste company has multiple contracts with the city, approved by Mayor De Faustio. It's time to check out how much this incompetent and deadly company donated to the mayor's 2013 campaign and his criminal campaign for one new york 501 c 4, knowing the machinations of the mayor's pay to play arrangements and the swiftness he replies to donor's I.M.'s

Anonymous said...

Something else that didn't even occur to me, before Gersh Kuntzman pointed it out in his NYDN column today... There are TWO people in a trash truck. In addition to the driver, there was a 2nd employee either sitting on the front right hand side, with door open / no door (since this person hops in and out a lot) or riding in the back of the truck, or possibly walking behind it. Neither of the two noticed a human being being struck when they turned right, i.e. the side the 2nd employee was likely sitting? Please. Lack of charges is outrageous (for the act of the killing and fleeing the scene), as is the fact that these individuals still have jobs. That's right, they come back every day and drive a massive vehicle around out neighborhoods. Also note that NYPD sources said early on in the investigation that the "driver may not have realized" they hit someone. Please note how frequently they say this to the press after our neighbors get killed or maimed by drivers who then flee. It's like they prepare that's the defense, and end of the story.

sophocles said...

Ron Bergamini head of Action Environmental Group made $400 donation to de blasio in 2013--the maximum I believe. I do not know if he made campaign for one ny bribe i mean contribution as mayor has not released all the names. I could not find a connection to lobbyist Capalino of 45 Rivington St. fame.

Anonymous said...

As unimaginable and horrific as this was and still is, I feel his death came down to greed, power, and money. Private companies such as this one must be working in tandem with police officers. There must be an agreement or arrangement in place where deals are being conducted under the table. You scratch my back, I'll scratch yours. How anyone in power can just walk away from this young man's death in vain without any regard for his life or his family is inhuman and unacceptable. I cannot for the life of myself figure out how no one is being held responsible for this crime. And that is what it is: a horrible crime.

It is utterly disgusting how justice will not be delivered. Aren't there CCTV cameras nearby? Something feels wrong and shady about this, especially during a time when much is at stake with our political and social climate. I truly hope, somewhere, somehow, the asshole who killed him and walked away, comes forward. How can anyone live with themselves and yet not say a word? How can anyone be cavalier about a death? I don't get it.

RIP young man. So sorry you had to lose your life this way :(

Anonymous said...

This is so sad.

Anonymous said...

10:16 AM: I'm sure the police know who the driver is. There could only be one or two drivers for the company who were scheduled to be at that location at the time of the accident. Maybe there will be some civil justice if a good lawyer gets a hold of this.

JQ LLC said...

There is some shady business going on with the way the precinct in the hipster enclaves of Brooklyn are handling cases. After this coverup, which is what this is smelling like now, there was also the case of a female uber driver that was being stalked by a mentally ill pervert that kept whipping his schlong out at her. She went to the cops twice to complain about him, only to be rebuffed and suggest to her to take a photo and then when she did that they told her she had to catch him in the act.

Something about these offenses thrown in the marginal victims and crimes file cabinet suggests that there is a concerted effort to keep crime stats down, and in the case of this biker that got murdered in cold blood on the street (yes, that's what I wrote, murdered) shows that there is a dispicable effort to keep the Vision Zero fatality stats down too by making this accidental. Never mind that biker casualties and injuries have gone up this year.

JQ LLC said...

Correction, I meant to write THEY (the cops) had to catch the perv in the act.

Scuba Diva said...

At 7:02 PM, JQ LLC wrote:

Correction, I meant to write THEY (the cops) had to catch the perv in the act.

Oops, your slip is showing.

Anonymous said...

Why is "I didn't know" a good excuse?? When did this happen? Of course drivers who kill people lie but even if this driver were telling the truth, it doesn't matter whether he knew or not - he still did it! He still killed a man at the very least from his own negligence. What is going on that this keeps happening?? It did not used to be like this. Drivers are just allowed to run NYC cyclists and pedestrians over now with no recourse? This is not acceptable and we can't accept it.

JQ LLC said...

'Oops, your slip is showing'

Thanks a lot ma'am

It should also be noted that this injustice also follows the two deaths in a week around the upper Chelsea area a few weeks ago involving Charter Buses where the cops so no fault with their incompetent selfish driving when they mauled two bikers.

The only way action will obviously be taken is if an off-duty cop goes on a leisure bike ride and gets plowed by a charter bus or private trucking company.

Anonymous said...

The person who did this and walked away from it without any punishment is a scumbag. Karma will bite him in the ass when he least expects it.

My heart goes out to the victim's family. Poor guy :(

Anonymous said...

"I do believe in karma. I've come to understand what goes around, comes around. The P.O.S whom is responsible for this horrible and reckless crime will receive his comeuppence"

That's the problem with karma. No disrespect to the victim but you could just as easily argue that the accident was karma for something he did, right? In which case the "P.O.S" wasn't really just a POS but merely a puppet of some inscrutable cosmic law setting the balance again. How would you know? See, that's the problem with believing in nonsense like karma.

Anonymous said...

So basically people on here who didn't witness the crime are now saying who should or shouldn't be charged with a crime. You have no idea what the evidence shows. I've seen plenty of vehicles not adhere to laws, but also have observed plenty of bicyclists acting as if the laws of the road don't apply to them. You truly have no idea as to what happened.