Roberto Mercado, whose SUV hit and killed Upper West Sider Jean Chambers on July 10, 2014 at 95th street and West End Avenue, was convicted last week of criminally negligent homicide. The conviction comes as a surprise given that no charges had been filed for months after the incident, and there was no indication that charges were forthcoming despite video footage that seemed to show Mercado taking an extremely sharp turn into opposite-direction traffic and failing to yield to Chambers.
Streetsblog pulled more info about Mercado’s actions from court documents.
“I killed her,” Mercado told police, according to court documents. “I killed her. I was going eastbound and made a left. I thought I had a flat, people were yelling and pointing. I stopped.”
Court documents say that when police asked Mercado why he was driving north in the southbound lane, he replied, “I thought I was in the right lane.”
Drivers are rarely charged in New York when they injure pedestrians, even when the driver is shown to be at fault. Under the mayor’s Vision Zero plan, enforcement appears to be picking up somewhat.
“No conviction will bring Jean back,” Jean’s husband John Chambers, told DNAinfo. “I always expected that justice would prevail,” he said, adding, “I don’t think I’ll ever put this behind me.”
After the crash, the Department of Transportation re-engineered West End Avenue, adding a pedestrian island in the middle of West End at 95th to force drivers to take wider turns and give pedestrians refuge.
Criminally negligent homicide carries a maximum sentence of four years and a minimum of probation with no jail. Sentencing is set for January 5, 2016.
John Chambers spoke at a vigil for Jean last year.
Good. More charges pressed in these cases would be a very, very good thing.
I agree, but I would be surprised if he gets a prison term. In this town you can literally get away with murder if it’s done with a car.
My husband Rubin (Ruby) Baum was hit & killed as a result of a Motor Vehicle CRASH, September 22, 2012.
No Justice was served against the driver and as we all know nothing will bring our loved ones back, however I’m happy to see that FINALLY drivers are being held accountable for their wrong horrific actions.
And what about the woman killed last September by a biker in Central Park? No charges there and it’s the same situation, with the only difference being one was on a bike. It is still negligence and, at the very least manslaughter.
Can you provide a link to this? You make a compelling point, however
– 2-3 people have been killed this year by cyclists
– 200+ people have been killed in traffic crashes in 2015 alone.
So yeah…
2-3 people killed this year by bikes? Really? I can’t remember a death caused by a cyclist since the Central Park incident over a year ago.
You should stop pretending that you need some sort of link to learn about the Central Park pedestrians killed by cyclists. You know that it happened. We all do.
I was serious about the link. I did not hear about it. The last one I heard about was over the summer.
That being said, while reckless cyclists are totally a problem, they don’t kill nearly as many people as motor vehicles do. I’m not sure why people try to bring this up as a “I told you so!” stat.
Most people want safer streets for cyclists AND pedestrians AND drivers.
Anon,
I was merely responding to LSQuared. That user brought up cyclists in an article about a pedestrian death caused by a car.
I agree with you: I am an UWS’er who drives, cycles, and walks.
But conflating or bringing up cycling deaths detracts from the real problem, which is injuries and fatalities from vehicles.
Siddhartha,
What exactly is your point? Surely negligent cyclists as well as negligent drivers could be held accountable for their actions. I would also like to pedestrians ticketed for jaywalking and looking at their phones while crossing against the light. This isn’t us vs. them. Many UWSer are at times drivers, or bikers, or pedestrians, or passengers in cabs. We need the streets to be safe for everyone.
And one more point, from the New Yorker:
“The N.Y.P.D. said that the bicyclist, Jason Marshall, had swerved to avoid a group of pedestrians before crashing into Tarlov.”
If a car had done the same thing, they also would not have been charged. Why not blame the pedestrians for jaywalking here?
Oh, I see now. You’re referencing a death from September 2014, not September 2015.
Well, let’s be glad that no cyclists have caused deaths recently, at least in the past 6 months.
Then again, the DOT just announced today that drivers maimed over 4000 people and killed 19 cyclist/pedestrians JUST THIS PAST OCTOBER.
This explains why he was convicted in this case:
https://www.dnainfo.com/new-york/20151119/upper-west-side/driver-who-killed-uws-mother-struck-3-others-months-before-crash-da
If his license had been pulled after the hit and run – as it should have been! – Jean Chambers would almost certainly be alive.
I’m not sure why Margaret is thanking Cy Vance for? Had Cy done something to press charges against Roberto Mercado after the hit and run with the 13 year old boy Jean Chambers would still be amongst us.
Thanking Cy Vance for pressing charges on Jean Chambers’ death. Even with the driver’s atrocious record, the charges weren’t a given. NYPD should be thinking hard about why they exonerated this driver in the press.
I totally agree with you Zulu, a driver with this record should not have been on our streets, but his earlier hit-and-run that injured a 13-year-old and the other crash where he hit and injured two pedestrians were in Queens. The way I see it, the inaction there is on Queens DA Richard Brown.
The driver’s belief that he could keep driving this way with no consequences: that’s the part that makes me sick.
Margaret,
I overlooked the detail on the location of the prior incidents. I’m just frustrated with how NYPD and the DAs treat these crashes with such impunity.
Thanks for the clarification.
This is beyond horrible. Thank you, Cy Vance.
Even with all these priors, and then killing Ms Chambers, someone from NYPD still was quoted in the Daily News saying no charges were expected against the driver. His record was shielded. Why would NYPD say this? It seems counter to the public interest.
His license has been permanently revoked, right? Its crazy that I have to ask this.
WHY DO THESE RULES NOT APPLY TO TAXI DRIVERS??????
Glad to hear of some justice meted out. Even when you have the right of way, one should never cross the street looking at or talking on their cell phone. They lose awareness of their surroundings and can get hit by someone.
The biker in Central Park (I rode by there the same afternoon, not long afterwards, by chance) was a different story. There was no official crosswalk there, so the pedestrians did not necessarily have the right of way.
All this being said, I don’t think Vision Zero is working very well. imho only red light cameras and hefty fines will deter motorists from going thru lights ( a major cause of crashes near me), and enforcement (via tickets) of bikers will lead to change. And let’s not forget the pedestrians who walk when they don’t have the right of way. How about tickets for them too? A huge mindset is needed on all levels, for everyone involved.
Everyone should read the DNAinfo reporting. It’s maddening that this driver was behind the wheel.
UPPER WEST SIDE — The driver who fatally struck a local mother last year on West End Avenue had hit and injured three other pedestrians earlier in the year in separate incidents — including a hit-and-run involving a 13-year-old boy in Queens, authorities said.
I wish they would add an island on West End Avenue and 70th Street. Crossing on all directions has become so dangerous. Cars and bicycles pass in every direction even though the lights are green for pedestrians to cross. I have to look carefully for cars and bikes on the right, left, back and front. And, sometimes they’re so fast coming at people crossing when the light is green. Of course, the majority of bicyclists do not obey or traffic lights and they become a nightmare at night.
Who does one complain to about these traffic violations and suggestions to put islands at certain crossings?
Would appreciate your help in this matter.