Tag Archives: felony

Pols call for law change after driver with suspended license fatally strikes Woodside boy


| aaltamirano@queenscourier.com

THE COURIER/ Photos by Angy Altamirano

BY CRISTABELLE TUMOLA AND ANGY ALTAMIRANO

Local elected officials are calling for a change in the law to prevent another child, like 8-year-old Noshat Nahian, from losing their life.

Noshat was crossing the street with his 11-year-old sister on the way to school at P.S. 152 in Woodside around 8 a.m. on Friday, Dec. 20 when a tractor trailer traveling southbound on 61st Street made a left turn onto Northern Boulevard, striking him with its rear tires, police said. He was taken to Elmhurst Hospital where he was pronounced dead.

The driver, Mauricio Osorio-Palominos, 51, of Newark, N.J., who remained on the scene of the accident, has been charged with aggravated unlicensed operation of motor vehicle and operating vehicle in violation of safety rules, police said.

Osorio-Palominos was driving with a suspended license with multiple violations on his record during the accident, according to State Senator Michael Gianaris.

In response, Gianaris gathered with local officials, residents and advocacy groups at the site of the accident Monday to introduce legislation that would make it a felony if drivers with suspended licenses either seriously injure or kill someone with their vehicle. Under current law, a driver like Osorio-Palominos could be charged with a misdemeanor.

“The law needs to get tougher,” said Gianaris. “Those who have suspended licenses are twice as likely to kill somebody or injure somebody, or twice as likely to have major accidents, the law has to catch up with the data, we just need to get these people off the streets.”

Gianaris has also proposed the immediate impoundment of a vehicle’s license plate if it were being operated by someone with a suspended license.

The new bill will be co-sponsored by Senators Toby Ann Stavisky and Jose Peralta and also supported by Assemblymember Michael Den Dekker, Congressmember Joseph Crowley and Councilmember Jimmy Van Bramer.

“I have an 8-year-old son and it could have been my child, it could have been my son that was hit that Friday morning,” said Peralta. “And we need to send a loud message not only to the city but to anyone who does this, who rides without a license, that this is not going to be acceptable.”

Advocate groups like Transportation Alternatives, Make Queens Safer and Woodside on the Move, are also looking to implement other safety measures like crossing guards, stalled green lights and much more.

“None of this should of happen, all of this could have been prevented,” said Van Bramer. “This school has been asking for a crossing guard at this location for months. [It’s] absolutely disgraceful that the administration did not provide the crossing guard when it was requested, when it was clearly needed. Anybody who has been on this street for more than five minutes knows that this requires a crossing guard.”

Advocacy group Make Queens Safer organized a traffic safety memorial and vigil at 61st Street and Northern Boulevard Sunday where Noshat’s family and hundreds of residents gathered to remember the 8-year-old and other victims of traffic fatalities.

 

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10 years after deadly staged accident, family wants Alice’s Law passed


| mchan@queenscourier.com

THE COURIER/Photo by Melissa Chan

The family of the 71-year-old Queens woman killed 10 years ago in a staged car accident said bureaucratic delays have held up justice — and a proposed law to stiffen penalties in such cases.

“It should have passed,” said Daniel Ross, 56, of Bayside. “I don’t want another family to go through what we went through.”

His mother, Alice Ross, died in 2003 when her car was struck in Bellerose by another vehicle.

According to the district attorney, Waurd Demolaire of Brooklyn intentionally rammed his car into hers to collect insurance money under the state’s No-Fault Law. He was convicted of manslaughter and conspiracy in 2006 and released on probation last October.

“The perpetrator got off with a very reduced sentence, considering the fact that he murdered my sister,” said Alice’s brother, Don Peters. “Now he’s free to walk the streets of New York again.”

Legislation dubbed Alice’s Law has been proposed in the State Senate and Assembly. Both bills would impose tougher criminal penalties on people who engage in staged accidents. But legislators said failure to compromise on two different versions of the law has stalled the ratification process.

The Assembly wants to classify staging accidents to defraud insurance as a class E felony, the lowest felony offense. It carries a prison sentence of one to five years.

A bill passed in the State Senate would make the crime a class D felony and upgrade it to class B if the accident causes serious injury or death to another person. That could mean a prison sentence of five to more than 25 years.

“It’s continually frustrating that there seems to be a philosophical difference between the State Senate and Assembly,” said State Senator Tony Avella, a cosponsor of the Senate bill. “Increasing penalties for any sort of crime, [the Assembly] just won’t do it.”

Assemblymember David Weprin, a sponsor of the bill in the lower house, said he is optimistic that both houses will reach a compromise and get the legislation passed this year.

The legislature has less than one month to resolve differences and get one bill approved in both houses before the session ends June 20.

Last year, the State Senate passed its bill in March and sent it to the Assembly. But according to records, the Assembly’s amended bill reached the Senate on June 19 — too late for action by the upper house.

Alice’s Law was first proposed in 2007 and has been reintroduced every year since 2010.

“It’s been too long in coming,” said Peters, 78, of Saratoga Springs. “The process has been much too slow. I wish it would become law. I think it would be a very appropriate recognition of that anniversary.”

Daniel Ross showed The Courier a copy of a letter from authorities saying the man responsible for his mother’s untimely death was now free.

“That was murder,” he said. “It could have been anybody’s mother.”

 

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