By Alex Israel
A Queens man has been charged with a moving violation and traffic infraction in relation to a crash that led to the death of Columbia Dean Peter Awn, according to a spokesperson from NYPD’s Office of the Deputy Commissioner, Public Information (DCPI).
Shiv Kumar, 24, was arrested last week and charged with failure to yield to a pedestrian and failure to use due care after striking Awn with his vehicle at the intersection of Claremont Avenue and 116th Street, the spokesperson said.
If found guilty of both charges, Kumar could owe up to $900 and serve up to fifteen days in jail, according to New York Vehicle Traffic Law. (Failure to yield to a pedestrian, a moving violation, carries a possible sentence of up to $150 in fines; failure to use due care, a traffic infraction, carries a possible sentence of up to $750 in fines, up to fifteen days in jail, or a mandatory motor vehicle accident prevention course.)
The arrest came nearly two months after the crash, which occurred on January 25 and left Awn (pictured at left) in critical condition. He died on February 17. When asked about the delay preceding the charges, the spokesperson attributed it to the “ongoing investigation.”
Since the crash, nothing has changed on the block—despite requests from local residents and institutions.
Last month, a Department of Transportation representative said the agency was in the midst of developing a plan for safety measures on Claremont Avenue. They have not responded to a request for an update on timing or details.
“$900 and serve up to fifteen days in jail” for hitting and killing a pedestrian??!! Is this an effing joke??!!
I’m with everyone else on this. $900 and up to 15 days in jail – for taking a person’s LIFE?? What is wrong with this picture????
If found guilty of both charges, Kumar could owe up to $900 and serve up to fifteen days in jail — that’s just pathetic.
And the laws he’s being charged under were only recently enacted. Previously, he would have gotten off scot free because a police officer didn’t actually witness it. You’re right, it’s pathetic, and until there are real consequences for killing or seriously injuring another human being with a motor vehicle, drivers will continue to behave as if they are above the law — because they essentially are.
I agree this is pathetic, and the law should be changed. But I don’t think the issue is that people don’t care about hitting other people – I think the issue is that they simply don’t make the connection between speeding and hurting people. It is the same mechanism that lets people believe that not exercising won’t hurt their health, not flossing will not result in gum problems, buying plastic junk won’t hurt the environment, etc. People don’t connect things that are distant or rare with their own actions. Having greater penalties for speeding makes the consequences more real and immediate. Greater punishment makes many people pause and think more about the risk (though obviously even the death penalty didn’t stop murder, so it won’t be universally effective).
I suspect that the driver here is horrified by what he did. The problem we face is how to get people to think before they act.
We need to change these traffic law penalties. It’s outrageous.
What?! No manslaughter charge?! You have to be kidding!
That’s the maximum punishment for someone who takes a LIFE???
I’m not a lawyer but what happened to vehicular homicide? What the F???
I don’t understand the paltry sentence in this case for causing someone’s death????
Below is an online explanation of vehicular manslaughter.
“A conviction for second-degree vehicular manslaughter carries a penalty of up to 7 years in prison and a maximum fine of $5,000. If you are convicted of first-degree vehicular manslaughter, however, although the fine may remain the same, you can be sentenced to up to 15 years of incarceration.“
Read the requirements for a vehicular manslaughter charge. It only applies if the driver is impaired (i.e. drunk or on drugs).
This has to be incorrect. Didn’t he also leave the scene of the accident? WTF?
As a graduate student in the Dept. of Religion at CU in the late 70’s, early 80’s, I took courses from Peter Awn. He was a gentle soul and a fierce academic. It is a great loss.
I can’t recall in recent memory a driver who killed a pedestrian who was charged with leaving the scene of a crash involving serious injury or death, which is a felony. Atrocious.
Mr. Awn’s family might very well go after this killer driver with their own lawsuit and have him lockec up for taking a life.
Your understanding of the legal system needs to be rewired.
Hear, hear.
I wish people would stop focusing on street redesign when these tragedies occur. This is a case of a bad driver who committed a crime. Not every street has to be redesigned to slow traffic to a crawl, unless you work for an urban planning firm, in which case every street is a nail waiting to be hammered.
Bad drivers and reckless drivers and drunk drivers will always exist. The point of street safety measures it to prevent it entirely. And it has been proven to work, and make it safer for all users (Drivers, peds, cyclists).
@WSR: would it be too much to ask for the WSR staff to investigate with Police and DA what has happened here in the process of applying justice?
Thank you!
The article doesn’t say whether or not there were any witnesses to the accident, so we can’t say who’s truly at fault. As both a motorist and a pedestrian in Manhattan, I’ve seen clueless and negligent behavior on both sides. As a motorist, I’ve lost count of the times a pedestrian stepped in front of my moving car while jaywalking or ignoring a “don’t walk” signal. And as a pedestrian, I’ve lost count of the number of times motorists and bicyclists have violated my right of way.
Perhaps the lenient-seeming penalty and the delay before charges were made have to do with the police being unsure about what really happened but being pressured to “do something”?
How do we get this law changed? How do we start? We have power if we band together. Someone point me in the right direction.
Sick of this. I see it all too often. There are so many little kids in this neighborhood and impatient drivers. These drivers need a law to be afraid of. Let’s get it passed.
Anyone?