By Carol Tannenhauser
The pedestrian who was struck by the driver of a 2017 Ram van, while crossing Amsterdam Avenue at West 106th Street on the afternoon of May 10th, died as a result of his injuries on May 12th, according to a police spokesperson.
Angel Rodriguez-Albuquerque, 74, was “a block away from the assisted-living facility where he lived,” the Daily News reported, crossing in the crosswalk with the light, when the van driver, making a left turn from 106th Street, slammed into him, throwing him to the ground and causing “lacerations to his arms and trauma to his head,” police said.
Mr. Rodriguez-Albuquerque was transported to Mt. Sinai Morningside Hospital via EMS, reportedly in “stable condition.” The driver remained at the scene. No criminal charges have been filed, though further investigation by the NYPD Highway District’s Collision Investigation Squad is ongoing.
Here is a bit about Mr. Rodriguez-Albuquerque, gleaned from the Daily News:
“[He] immigrated to the U.S. from the Dominican Republic and worked hard to become a U.S. citizen….[He] leaves behind two grown sons…Despite struggling with medical issues, Mr. Rodriguez-Albuquerque always went to church when he was able to walk there…..He was a really giving person who was really into the Bible.”
His story is referenced in a recent Rag article by Dana Lerner about the death of her son, Cooper Stock.
We have to start bringing manslaughter charges in these cases. Have to. Drivers need to have fear in their hearts that they might kill somebody if they’re not careful, because THEY MIGHT.
Manslaughter
The killing of a person without malice aforethought but with either the intention to commit an unlawful act that leads to an unintended death, or with an otherwise murderous intent
Do you really think the driver meant to commit an unlawful act?
Better to reference legal definitions:
“Manslaughter is the unlawful killing of a human being without malice.
Type 2: Involuntary—In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.”
Blowing thru a turn and wiping out a clearly visible human fits this type of manslaughter to a T.
Pedestrian has the right of way. At the least driver and company that owns van should be sued for several million as punishment.
That definition of manslaughter is fine, but that’s not the law in the state of NY.
In NYS, the Penal Code states that a “A person is guilty of manslaughter in the second degree when: He recklessly causes the death of another person.”
If the facts in this case show that the driver was “reckless” then a jury could find the driver guilt of manslaughter in the 2nd degree. Intent does not matter.
More likely 2nd degree manslaughter that covers involuntary manslaughter. No malicious intent but acted recklessly.
Yes! The driver did not yield to Mr. Rodriguez-Albuquerque, who had the right of way in the crossing, which is an unlawful act. The very definition of manslaughter.
When I cross the street with the light and a turning car approaches the crosswalk…
I quickly extend my arm and put out my hand that tells the impatient driver to STOP & WAIT!
Almost always, they do stop immediately.
So hold your hand up and assert that YOU have the right of way.
And never feel embarrassed to do this.
It sends an immediate assertive message to irresponsible drivers who turn onto a crosswalk endangering pedestrians.
Violations are not crimes.
If we want tougher penalties for acts like this then we need to push for tougher laws.
This is a vehicular homicide, not a violation. It’s a crime. Up to the DA to charge as such
You have absolutely no idea. Was the driver texting? That’s an unlawful act. Was the driver wearing headphones or earbuds because that’s an unlawful act also. Obviously there is a reason the driver hit that man. What is that reason? I’m not saying that the driver is a murderer but it’s up to law enforcement to investigate that.
perhaps, by failing to yield to a pedestrian or driving uncautiously.
Yes… but that’s not nearly all. The penalties in New York State and elsewhere for speeding, driving under the influence, distracted driving, other driving offenses, and repeated driving offenses are FAR too lenient. It’s not enough only to address crashes where people die. We live in a pathological car culture but now it’s not just cars. Penalties should be stronger for any type of vehicle that can hurt a pedestrian or anyone driving or in another vehicle.
This is a wide, open intersection with good visibility. It was a clear, sunny day. There is no excuse for the driver not seeing a pedestrian in the crosswalk, where Mr. Rodriguez-Albuquerque was, as you can see by photo. Will manslaughter charges be brought? Will ANY driver in this city be held accountable for killing a human being with their vehicle?
Im speechless. We need to bring tough penalties. It is not a traffic infraction, it is manslaughter. Our children and elderly are victims of lax laws.
RIP Mr. Rodriguez-Albuquerque.
Why are people in New York so judgmental?
He is innocent until proven guilty❗️
Re: Coffin v. United States was a Supreme Court case from 1895 that specifically dealt with the issue of “innocent until proven guilty.” It clearly laid out the constitutional basis for this concept and is used by lawyers and judges to this day as a legal precedent for the presumption of innocence.
He is GUILTY of killing an innocent person. The details of how he did this are mere commentary. In the light of hitting and killing someone who was walking across the street lawfully and with the light, your comment makes no sense. It is the responsibility of drivers not to kill people when the driver is impaired or not paying attention.
Mighty quiet response here this death by motor vehicle. Post something about cyclists or taking away parking spaces and everyone goes crazy. RIP to this gentleman
thank you
I was hit by a careless 16yo and sent into a 2 month coma…and I am one of the lucky ones.
I also had the green light as the SUV made a sloppy left turn into me and my motorcycle going thru the green as we should. SUV kid got 4 tickets and a new car. 🤷🏻♂️
Let’s limit personal car use in Manhattan. There are too many pedestrians here. Cars are a continual nuisance. As a collective, we don’t need them. I’m sorry it’s inconvenient for some of you- yet you’d figure it out.
The fact is that most of the injuries and deaths in this neighborhood are caused by commercial drivers, not by your neighbors in their personal cars.
The problem with limiting personal car use in Manhattan is that not everywhere in the 5 boroughs or in the metropolitan area has adequate public transportation. Even if there is adequate public transportation, public transportation is not fit for every situation. From the perspective of an area worker on the UWS, I drive because public transit doesn’t work for me and has gotten worse. If you’re going to make it harder to drive, don’t care about public transportation where I live outside Manhattan, then at least build enough housing on the UWS so workers like myself can afford to live here. The amount of housing needed to satisfy the demand of everyone who wants to live on the UWS + area workers like myself may require eliminating all historic district landmarking on the UWS. How many UWS residents want that? How many members of CB7 would vote in favor of eliminating historic district protections to build more housing so I can afford the UWS.
The reality is Manhattanites need those outside Manhattan to thrive, yet they don’t want them to drive to Manhattan, they want to make transit service worse for those outside Manhattan or don’t care about it, yet they wouldn’t appreciate if all of those who live in NJ flooded Manhattan and demanded affordable housing in Manhattan so they can live closer to work. Eric Adams said on WPIX the other day that if you’re tired of commuting to move to NYC, insinuating that commuters outside Manhattan should move to Manhattan. What rubs it in is politicians like Gale Brewer who owns a single family townhouse, openly admits that she had parents who were generous and openly flaunts that her pet peeve is leaving Manhattan. That’s the definition of privilege and lack of compassion for those who cannot afford Manhattan.
Truck driver should be brought up on charges — and it’s time too pass some law that are less lenient . that driver is basically getting away with killing someone. When you are driving in a congested city it should be mandatory that you slow down and watch out for pedestrians. the poor man, and his poor family, I feel for them.
So sorry to hear that this gentleman died. Thank you for highlighting this. Rather than focus on the individual driver, there may be systemic changes we can put in place which will reduce the probability of this, including reduction in speed limits enforced by cameras. There are many cities in this world and available evidence of what practices save lives. In healthcare and aviation it is that systemic evidence-based approach that brings results.
This is an unfortunate and sad accident and I feel for the Rodriguez family.
Also feel for the driver living with the remorse and grief they must be going through.
So before we all get our pitchfork out and execute the driver in the town Square.
Before you become a WS vigilante maybe we should put ourselves in their place. The original article says they both had the light and of course the pedestrian has the right away.
Comments here are quick to claim manslaughter and lacks laws… the driver stopped and stayed at the scene with police.
This wasn’t hit and run where they blew through a red light on an unlicensed moped, while high.
No one is getting out a pitchfork. People are angry that the driver wasn’t charged. He stopped and stayed at the scene because the only way there would be any charges at all against him were if he did a hit and run. I
It is horrifying that an “I’m sorry officer, I didn’t see him,” is good enough for the police not to charge him. That is the issue.
“This wasn’t hit and run where they blew through a red light on an unlicensed moped, while high.”
It may not have been a hit and run, but why would a driver turn into an intersection (at any speed) without looking at what’s in front of them and slowing down or stopping for pedestrians? Clearly Mr. Rodriguez-Albuquerque didn’t suddenly rush out into oncoming traffic. RIP and condolences to this poor man and his family.
I think that’s the point. Had this been a cyclist or an e-bike rider, there would have been a mob on here demanding a lynching. Amazingly because this was a motor vehicle, it seems like you all are being extremely charitable with your interpretations of what happened. I wonder why that is… try asking Cooper Stock’s mother her opinion before you soft pedal these needless deaths. And yes I drive a car in Manhattan, it’s not easy but that’s part of the trade off.
I also pay for parking rather than forcing my neighbors to finance free street parking through their taxes, which doesn’t seem fair at all, especially given how many of our neighbors don’t own cars. I didn’t get the car until I could first afford the parking, it took a long time and a lot of saving. We call this “respecting others and not trying to selfishly game the system.”
So, if you got money it’s ok?
Ryno, This was not an “accident”. It was murder by neglect. It sounds like you are fine with this reckless behavior as long as one stops after killing someone.
It doesn’t matter if you have the light if you don’t have the right of way.
I would agree with you and that’s why in my comment I said “of course, the pedestrian has the right away”.
Streets are too narrow with bike lanes, restaurant sheds, etc.
Please look at the photo. This is a very wide and clear intersection.
How could car making left turn not have broken law, violated pedestrian’s right of way?
Isn’t it possible this truly was an accident: the driver saw the pedestrian but misjudged the space between their vehicle and the person?
It’s the law in NYS
https://blog.appwinit.com/failure-to-exercise-due-care/#:~:text=The%20failure%20to%20exercise%20due%20care%20law%20in%20NY%20is,bicycle%20traffic%20on%20city%20streets.
“ignorantia juris non excusat”
Of course – no one is saying the driver intentionally hit the pedestrian, but drivers need to be responsible when they unintentionally kill someone. It’s exactly what manslaughter is for.
“No criminal charges have been filed, though further investigation by the NYPD Highway District’s Collision Investigation Squad is ongoing.” Same old line from law enforcement. Pedestrian has the light and gets flattened by a too big a vehicle for the city. If manslaughter is not the the appropriate charge, take away their license, impound the vehicle and charge them $10k to get it back. Or start going after the companies and contractors who employ reckless drivers; fine them $20k everytime one of their drivers hits a pedestrian.
A senseless tragedy. Every day, every day, we watch inpatient drivers run right through red lights without penalty. We watch them “block the box” without penalty. We watch them speed, without penalty. There needs to be penalties, a ticket “blitz”. Red light cameras, speed cameras, etc. That will make drivers (me included) think twice about how they drive.
Somewhere along the way the police seemed to have disappeared from stopping drivers for violations. It’s very rare that I see the police stopping anyone these days for any traffic infringement. It didn’t used to be this way, and it shouldn’t be this way! Not to mention they don’t do anything about e-vehicles or bikes riding on sidewalks, going through red lights, or riding the wrong way on major streets. Please don’t reply that this is because of defund the police! Not only are the police not defunded they will soon due to Mayor Adams be among the highest paid police force in the country!
I know they have to deal with serious crime. But if they don’t deal with drivers who may be uninsured, unlicensed, driving recklessly, DWI, or speeding we are all sitting ducks. Sadly for this deceased man he may have been just an obstacle in this driver’s path. Particularly when pedestrians are treated so poorly in this city.
We also watch drivers texting and clearly not paying attention to where they are going. Texting while driving is on par with drunk driving. There needs to be stricter penalties.