Slay charge snag
DA: New regs hold up DWI mowdown case
Criminal charges against a driver accused of drunkenly mowing down a man in Harlem have been temporarily put on hold because the Manhattan DA needs more time to investigate under the state’s new court reform laws, officials said Thursday.
Farkell Hopkins, 23, was let go Wednesday after the district attorney’s office deferred prosecution during a brief arraignment hearing.
On Thursday, a DA spokesman said that Hopkins will be prosecuted once all the paperwork is in order.
“Our office is currently gathering the materials necessary to fulfill our discovery obligations as required under the new criminal justice statutes,” DA spokesman Danny Frost said in a statement. “Under the new mandates, prosecutors must obtain and provide charged persons with a variety of materials within 15 days of arraignment. Accordingly, in a number of cases, prosecutors will defer charges until they are confident that discovery obligations can be fulfilled.“
Evidence still being collected include witness statements, autopsy reports and surveillance footage of the crash, sources said.
Once the paperwork is in order, Hopkins will have to be brought back to court where he will be arraigned on charges of drunken driving and vehicular manslaughter — or possibly new and different charges, officials said.
Under the state’s new bail laws, a judge would not have set bail against Hopkins since neither drunken driving nor vehicular manslaughter meet the mandate.
Hopkins is accused of fatally striking a man on E. 125th St. near Madison Ave. just after 5 p.m. Tuesday. He was allegedly zipping east on E. 125th St. in a Safelite AutoGlass truck when he slammed into the victim, who was crossing the street midblock, cops said.
The victim died at the scene.
Hopkins, who was wearing a Safelite uniform, remained at the scene and was taken into custody after failing a Breathalyzer test, officials said. It’s his first arrest in the city, officials said.
The victim, believed to be in his 40s, was not carrying ID and remained unidentified Thursday.