SHEER COWARDICE
MUM OF CYCLE VICTIM SLAMS NY PROSECUTOR
THE Hobart mother of Madison Lyden, the Tasmanian tourist killed by a truck while riding a bike in New York, has branded Manhattan’s top prosecutor a coward for failing to file criminal charges against the driver whose actions allegedly led to the tragedy.
The NYPD wanted Uber driver Jose Peralta charged over the death of Madison, right, but Manhattan District Attorney Cy Vance says “a gap in the law” means he can’t.
Madison’s mother, Amanda Berry, has joined forces with Dana Lerner, who lost her nine-year-old son Cooper in a 2014 Manhattan crash involving a driver who also was not charged by Mr Vance.
In a statement to the New York Post the two mothers say Vance’s refusal to prosecute the driver four years ago “sent a message to all reckless drivers in Manhattan that deadly behaviour will not have any consequences under his watch”.
“That absence of accountability has now taken another life.”
“Madison Lyden was killed after a taxi driver veered into the bike lane she rode in on Central Park West, forcing her into traffic, and DA Vance has again refused to prosecute — even though the NYPD believed the driver committed a criminal act.
“DA Vance’s failure to prosecute reckless drivers is sheer cowardice, and as long as he continues to indulge such dangerous behaviour, pedestrians and cyclists will continue to die on Manhattan streets.”
Madison, 23, originally from Lauderdale, was holidaying in New York on August 10.
She was living in Geelong and had just completed a fouryear university degree.
She was riding a bike along Central Park West near West 67th Street when Mr Peralta allegedly strayed into her bike lane.
The NYPD said Madison died when she was forced to swerve into the path of a sanitation truck driven by Felipe Chairez.
Police allegedly found three empty beer cans in Mr Chairez’s truck and charged him with driving under the influence.
Her death left her Hobart family and friends heartbroken.
NYPD Captain Timothy Malin told a community meeting in Manhattan last week they wanted to charge Mr Peralta but Mr Vance decided not to.
“We took it to the DA’s office,” Captain Malin told the meeting.
“Everyone on the scene wants to arrest.
“The Collision Investigation Squad wants to arrest.
“The DA’s office didn’t want to prosecute.”
Mr Vance said state law did not allow for a criminal charge of a driver who has not made contact with other vehicles or people.
“The office determined that New York law does not provide criminal liability for drivers whose illegal standing contributes to a fatality in instances where no contact is made between the illegally standing vehicle and the victim,” Mr Vance’s spokesman Danny Frost told the Post.
“We would strongly support legislation to address this gap in the law.”
Transit-safety advocates said the DA office’s stance sends the wrong message — that reckless driving is OK.
“Driving in or blocking a bike lane is considered OK by too many people,” said Transportation Alternatives spokesman Joe Cutrufo.