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NO CHARGES PURSUED AGAINST GARBAGE TRUCK DRIVER IN PEDESTRIAN DEATH: NYPD

June 28, 2016 | 10:38 AM - Updated on June 5, 2022 | 11:31 PM
in CRIME, NEWS
46

crash 61st
Photo of the crash scene by David Torres.

By Joy Bergmann

No criminal charges are being pursued against the garbage truck driver who struck and killed 21-year-old Fordham graduate Noah Goldstein on June 18, Captain Levon Holley told attendees of the 20th Precinct Community Council meeting Monday evening.

There were no witnesses to the crash, he said. “There is video of the incident but – for whatever reason – the camera jumped. So you see Noah crossing the street, and then the next thing you see is he is laid out in the street.” The driver was not on the scene when police arrived.

Highway Collision Investigation Squad performed its investigation and did track down the vehicle involved. “Evidence points to it being an accident due to the fact that it was a garbage truck. He may not have known that he struck an individual,” said Capt. Holley. “They are not pursuing any criminal charges at this time.”

Screen Shot 2016-06-19 at 8.49.36 PMGoldstein (pictured at right) was in Fordham’s theater program, and students there have created tributes to Goldstein.

An analysis of recent collisions showed disproportionate involvement of taxicabs and trucks, Holley said. Citing this evidence, the precinct undertook a traffic enforcement initiative this past weekend. “We issued 53 summonses specifically and only to taxicabs and garbage trucks,” said Capt. Holley. “Red lights, speeding, use of cell phone…a whole host of violations.”

Other items discussed during the meeting included:

  • Grand larceny – especially identity theft – continues to be the most prevalent major crime in the 20th Precinct, comprising 60 of the 80 major crimes reported during the past 28-day period, said Capt. Holley. NYPD urges citizens to use caution whenever deploying debit and credit cards. Cover the keypad with your hand when entering PINs. Use chip-equipped cards in chip-reading machines whenever possible. While thieves may easily clone information held on magnetic stripes, chips provide additional – but not perfect – fraud prevention.
  • Investigation continues into a stabbing that occurred early Sunday morning near 79th and Amsterdam. It appears that a dispute escalated into a robbery, but no property was actually stolen, said Capt. Holley. Earlier reports noted the injuries to the 37 year-old man were not life threatening.
  • National Night Out Against Crime will be August 2nd at 6pm with 20th Precinct officers on hand in Verdi Square, 72nd and Broadway.
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Private garbage companies
Private garbage companies
6 years ago

Something is wrong if the garbage truck is not being charged–at least for leaving the scene of a crime.

Late at night all the private commercial garbage haulers driver too fast.
There’s one that drives 40 to 50 mph down my street every night.

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Siddhartha
Siddhartha
6 years ago

Um, leaving the scene of a vehicular manslaughter seems criminal…

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Siddhartha
Siddhartha
6 years ago
Reply to  Siddhartha

Additionally:

Felony hit and run is defined by most states as leaving the scene of an accident where there is any type of injury to a person, whether the injured person is a pedestrian or an occupant of a vehicle.

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Upper West Side Wally
Upper West Side Wally
6 years ago
Reply to  Siddhartha

‘Vehicular manslaughter’ implies a deliberate act.

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Margaret
Margaret
6 years ago
Reply to  Upper West Side Wally

Deliberate act is the exact opposite of what manslaughter implies. What are you basing that on? Please tell me this isn’t NYPD’s understanding.

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Josh
Josh
6 years ago
Reply to  Margaret

NYPD understands…?

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Siddhartha
Siddhartha
6 years ago
Reply to  Upper West Side Wally

Manslaughter refers to unintentional/negligent death, whereas murder refers to intentional or premeditation. I would argue manslaughter absolutely applies here.

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the_the
the_the
6 years ago
Reply to  Siddhartha

If you have ever driven a 25 ton truck you would know that you wouldn’t really feel much running over something as (relatively) insignificant as a human body with the rear wheels of the truck. Certainly wouldn’t feel much different than a pothole.

The above is assuming Mr. Goldstein wasn’t hit by the front of the truck.

I’m sure the police are sorting this out and if charges are warranted in the next few days the driver will be charged.

Sad for Mr. Goldstein, his family and friends.

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anon
anon
6 years ago
Reply to  Siddhartha

it is but they say “due to the fact that it was a garbage truck. He may not have known that he struck an individual,” If he honestly didn’t know is it still a crime? I’m not taking a side here. I’m really asking.

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zeus
zeus
6 years ago

The driver did not know he struck a pedestrian?
Sounds strange, to say the least.
And the fact that it was a garbage truck leads to the finding that it’s an accident?
I have seen in the past garbage trucks strike parked vehicles on purpose, and have reported it to the police.
And the rush to judgement, a mere week after the tragedy?

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Odette
Odette
6 years ago

When I heard that this accident was caused by a garage truck, it didn’t surprise me. I have been noticing that garbage truck specifically have NOT been adhering to the speed limits and go exceeding fast. I myself almost became a statistic when a fast moving garbage truck sped through one of the local streets. Because of their size, their line of visual is impaired so I would think they need to be extra careful. This actually was an observation that I made and wanted to report it to the NYC Department of Transportation. Unfortunately young Noah became one of their victims. That fact that they may have not noticed that they hit someone is very disturbing and not to issue any criminal charges is utterly ridiculous.

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Woody
Woody
6 years ago

Why so quick to seek the harshest penalties possible when it hadn’t been determined that the truck knew the victim had been struck? Maybe it was the pedestrian who ran out into the street when he shouldn’t have.

“He may not have known that he struck an individual,” said Capt. Holley.

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Christina C.
Christina C.
6 years ago

Today I was almost hit by a garbage truck driver on 72nd. I was already in the crosswalk crossing West End and he turned and went right through missing me by a few feet only.

I’m glad it looks like they are trying to do something but I feel terrible this young kid was killed tragically. It sounds like the driver should’ve been charged. Didn’t he leave the scene after killing a person? Thoughts and prayers to his family.

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lynn
lynn
6 years ago
Reply to  Christina C.

Christina C., I don’t know if it was the same time but I was crossing on 72nd and Broadway today when a garbage truck ran the light almost hitting a cab (which had to swerve into traffic) and the guy standing on the back of the truck was laughing like it was a joy ride. 🙁

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Westside_Mimi
Westside_Mimi
6 years ago
Reply to  lynn

Yes Lynn. I’ll agree it’s like a game of chicken to them. I say this from personal experience as well.

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dannyboy
dannyboy
6 years ago
Reply to  Christina C.

A reason to consider allowing pedestrians to cross at the crosswalk and disallowing vehicles to turn into the crosswalk simultaneously.

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Lucien
Lucien
6 years ago
Reply to  dannyboy

I completely agree with you. Pedestrians & cars should have their own light to cross without worrying about each other yielding.

Whenever I cross street I make sure I am not crossing the side where a driver is making a left turn and needs to yield for pedestrians.

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dannyboy
dannyboy
6 years ago
Reply to  Lucien

Obvious, but BRILLIANT!

Now, if the DOT could only stop their workarounds long enough to focus on the structural problem, we would all be safer.

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bz
bz
6 years ago

I have repeatedly complained to District 7, DOT and Rosenthal’s office about the city garbage trucks that speed along West End Avenue and blow lights. Happens all the time. Nobody is willing to take on Sanitation. Vision Zero is a joke.

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dannyboy
dannyboy
6 years ago
Reply to  bz

bz, yours is the second comment in a row about wea (the first being Christina C’s. above). I felt that the Vision Zero redesign of wea by using a can of paint was doomed (as in deaths would result). I could not get Helen Rosenthal to agree, but I feel that allowing pedestrians sole access to crosswalks, while vehicles are stopped from turning, would be safer. We shall see.

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ursus arctos
ursus arctos
6 years ago

Does anyone know if it was a Dept of Sanitation garbage truck or a privateer?

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Joy Bergmann
Joy Bergmann
6 years ago
Reply to  ursus arctos

The Captain implied that this was a private garbage truck, not Streets and Sanitation.

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Riverside Boulevarder
Riverside Boulevarder
6 years ago

I run or bike almost every morning starting sometime between 4am and 4:45am and I can attest to the menace that commercial garbage truck drivers are during that time period. They blow through red lights with abandon. Even if the young man was impaired, it would be hard to miss a garbage truck barreling down Columbus. Very sad.

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Independent
Independent
6 years ago
Reply to  Riverside Boulevarder

So you consider the benefits of running or biking to outweigh the risks of being out at that desolate, mostly still dark hour?

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dannyboy
dannyboy
6 years ago
Reply to  Independent

Riverside Boulevarder,

Don’t be afraid of the dark. More people out on the streets make it safer.

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WestSide_Mimi
WestSide_Mimi
6 years ago

I think this tragedy occurred 3:00ish in the morning. As a former “almost run over person by a sanitation truck” several years ago, let me tell you I had the right of way as he turned the corner at 60mph. If I didn’t sprint to the corner, I would have been another statistic. The driver never stopped to see if I was okay but continued speeding down 66th street. In fact a doctor whom I knew, Dr. Carl Nacht, was killed by a sanitation truck while in the bicycle lane on the west side highway. Just saying.

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Sean
Sean
6 years ago
Reply to  WestSide_Mimi

Dr. Nacht was killed by an NYPD tow truck driver who was crossing the Hudson River Greenway (going to the impound lot near the Circle Line) and failed to yield to him.

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dannyboy
dannyboy
6 years ago
Reply to  Sean

Two garbage trucks were making U-turns on 96 Street AT THE WSH EXIT last night as we exited the highway. Big surprise for the other drivers!!!

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2 Handicap
2 Handicap
6 years ago
Reply to  WestSide_Mimi

A garbage truck turned the corner at 60 mph? I don’t buy it.

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WestSide_Mimi
WestSide_Mimi
6 years ago
Reply to  2 Handicap

Regardless of his rate of speed, he was turning the corner recklessly and would’ve run over me if I didn’t sprint.

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Margaret
Margaret
6 years ago

Wait, who had the right of way?

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Steve
Steve
6 years ago

“Evidence points to it being an accident due to the fact that it was a garbage truck.”

So basically, Captain Holley just admitted that some drivers are above the law based on the kind of vehicle they drive.

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dannyboy
dannyboy
6 years ago
Reply to  Steve

nice parsing

“’Evidence points to it being an accident due to the fact that it was a garbage truck. He may not have known that he struck an individual,’ said Capt. Holley. “

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Gretchen
Gretchen
6 years ago

This is Cooper Stock redux. How can this criminal driver get away with this yet again? Well, now we have to name yet another street for an innocent victim of driving homicide. They should investigate the 20th Pct. as well. I smell a very large rat.

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Independent
Independent
6 years ago
Reply to  Gretchen

“How can this criminal driver get away with this yet again?”

Who says it was the same driver? Wasn’t Stock struck by a /cab/ driver? This was a private garbage truck driver.

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dannyboy
dannyboy
6 years ago
Reply to  Independent

Gretchen was referring to this truck driver when she wrote: “this criminal driver”.

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dannyboy
dannyboy
6 years ago
Reply to  Gretchen

It is exactly at the crosswalk that Cooper Stock was hit that I told Helen Rosenthal that the divider and timing of the light were not enough. She had her response prepared in advance: ‘the benefit of the divider is that the elderly can cross and safely stop midway.’

That was the best she could offer, but I could not accept that.

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Steve
Steve
6 years ago

ANOTHER HIT & RUN
25minutes ago on Broadway in front of Citarella tonight.
I did not witness, was there a few minutes after

Heard the driver sped away
Victim did not look good

So thats about 3 on Broadway 60s-70s just this month?
What the hell are all these traffic cameras and stuff good for.

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lynn
lynn
6 years ago
Reply to  Steve

I don’t understand the mindset of a person driving away after something like this happens. I’m assuming at this time of night the sidewalk and streets are still crowded? Are they high? Do they not think they’ll get caught? Where the he// are the cops in this neighborhood anyway? Did help arrive immediately?

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dannyboy
dannyboy
6 years ago
Reply to  lynn

Like what you did with that he//.

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SveaT
SveaT
6 years ago

It is not sanitation. It is the commercial garbage and hauling vehicles. One speeds down my block at about 45mph every night.

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Betsy
Betsy
6 years ago

There is a very large sign at the corner of 61st & Broadway, asking that anyone who witnessed the fatal hit-and-run call the police.
If no witness comes forward, I don’t see how Capt. Holley has any other choice but to reserve judgment.

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Rob
Rob
6 years ago

Something is being left out of the conversation, to wit, the amount of time the DOT allots pedestrians to cross the street. For instance, at RSD at 79th Street, you must cross the SE corner to the NE corner within 17 seconds, quite difficult for a senior citizen and particularly one who has difficulty walking. The traffic at this intersection leading to the West Side Highway is anxious to get moving and it will only be a matter of time before we’ll be writing about a serious if not fatal accident. Question is, why allow only 17 seconds to cross this major intersection when only two blocks to the east, pedestrians get 28+ seconds to cross Broadway from any of the four corners? Typical of the DOT to ignore the needs of pedestrians and pay homage to the needs of motorists!

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Betsy
Betsy
6 years ago

Why did “the camera jump”? That is a serious matter needing probing.

The site is right in front of the Trump International Hotel, one block north of the trophy Time-Warner Building, and across the street from the multi-millionaire residents at 15 CPW.

If we cannot rely on our security cameras at such a target location, how can we trust them in less affluent neighborhoods?

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dannyboy
dannyboy
6 years ago
Reply to  Betsy

Maybe something fishy is going on at Trump International Hotel, or the Time-Warner Building, and or by the multi-millionaire residents at 15 CPW?

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Betsy
Betsy
6 years ago
Reply to  dannyboy

And you don’t have to fish far in that area to trace a whiff of money-laundering.

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Reply

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