Franklin Reyes has been charged with manslaughter and vehicular manslaughter after the SUV he was driving slammed into 4-year-old Ariel Russo and her grandmother on Tuesday morning at 97th street and Amsterdam Avenue. Russo, who was on her way to pre-K at Holy Name, died shortly after the crash and her grandmother broke her legs and back. Now, some are questioning whether police should have pursued Reyes’ car in the first place.
Reyes, a 17-year-old high school student at St. Agnes Boys School with a learner’s permit but no license, was first pulled over by police on 89th street around 8:15 a.m. for reckless driving. When officers got out of their car, he sped off, taking a right up Amsterdam and then attempting a left on 97th. Prosecutors said he was going 50 to 60 miles per hour when he tried to make the turn and flew out of control, the Post reported.
Here’s how NYPD described the events leading up to the crash:
“On Tuesday, June 4, 2013 at approximately 0815 hours police officers pulled over a motorist for reckless driving a black 2000 Nissan Frontier on 89th Street between Columbus and Amsterdam Ave in the confines of the 24 Precinct. Officers then exited their vehicle to approach the motorist at which time the motorist drove away from the officers and made right turn onto Amsterdam Ave. The officers reentered their vehicle and closely followed the motorist to 97th Street where he made a left turn losing control of the vehicle and striking two pedestrians on the N/W corner of 97th Street and Amsterdam Ave, and then reversed and struck a parked vehicle on the S/W corner of 97th Street and Amsterdam Ave. The pedestrians were transported to St. Luke’s Hospital. The F/H/58 was listed in stable condition. The F/H/4 was pronounced DOA at 0902 hours. The motorist was taken into custody pending further investigation.”
We asked a police spokesperson whether police were “chasing” the suspect, and she would only use the term “closely followed.” Three police cars went after Reyes when he fled. From witness accounts it seems pretty clear that it was a “chase”. “The police were behind him, they were chasing him,” Nancy Cabrera, an Associated Supermarket manager who saw the crash, told DNAinfo.
Police are generally not supposed to chase suspects in situations where the chase could end badly. “The Police Department’s guidelines instruct officers to call off a chase if the risk involved in continuing is greater than the danger posed to the public in letting the person get away,” the Times notes. Of course, it’s tough to tell an officer to let the bad guy get away. But this situation might have warranted that (they could have run his plates and picked him up later presumably). Similarly in 2010, film editor Karen Schmeer was killed on 90th and Broadway by a driver fleeing police and Deputy Inspector Kathleen O’Reilly reportedly said that the officers shouldn’t have initiated a chase.
Assembly member Linda Rosenthal released a statement questioning the wisdom of a chase.
“While the New York City Police Department (NYPD) works around the clock to keep the streets safe, I cannot help but question the wisdom of engaging in a high-speed car chase through a residential neighborhood during the morning rush hour when parents are bringing their children to school. Though reckless and erratic driving poses a real and present danger to all those on the roads and in the streets, high-speed car chases imperil the lives of the officers giving pursuit and the public at large. These kinds of pursuits should only be undertaken under the most extraordinary circumstances. Though I will not second guess the split-second decision making of the officers involved in this incident, a young girl is dead and her family shattered. New York must institute a restrictive policy with respect to the use of high-speed police chases.”
Reyes’ lawyer Martin Schmukler also brought up the chase as a contributing factor.
“He doesn’t blame the police officers for chasing him — even though they didn’t have to chase him,” Schmukler said, according to the Post. “Needless to say, it wouldn’t have happened if they hadn’t been there.”
“He doesn’t blame the police officers” is quite a thing to say after your client plows into and kills a kid.
Commissioner Ray Kelly said the chase seemed appropriate, although the NYPD is investigating.
“In pursuit situations, you have to make some judgment calls, whether or not it’s wise to continue the pursuit,” Kelly said during a Wednesday morning press conference, DNAinfo reported. “At this juncture, at this time, I see the actions of the police officers as being reasonable.”
Russo, who lived in the Bronx, was mourned by friends and classmates at a service on Wednesday.
Photo of Ariel Russo provided by Russo family to the media.
The police decision to follow in chase mode should be questioned. However, the guy whose car was pulled over should have gotten out and dealt with the police. HE is the one who drove recklessly and killed the child. HIS behavior and choices are at question here because HE put others at risk.
He did not have to speed away. What do you expect if the police stop you and you drive away? How do the police know that there isn’t more going on when someone drives away? If you don’t have a license and should not be driving, just stop. Get out of the car and face the music.
If the guy had just gotten out of the car, there would have been no chase.
Let’s keep that fact clear and upfront. Do we know what we would do if we were the police in that situation? To me, when you drive off, it’s like you have something else besides no license, to hide. Hence, the police following you.
Speeding to get away and killing someone? THat is on the driver.
Unbelievable. “He doesn’t blame the police officers” and “Needless to say, it wouldn’t have happened if they hadn’t been there”???? That lawyer has some b*lls. Maybe the police made a mistake in pursuing the guy (that’s not really clear), but there’s no question who caused this tragedy. It isn’t the police. It’s the guy who put the police in a position to make a split second decision regarding a pursuit.