NEW YORK, NY – During an arraignment hearing Monday in New York County Supreme Criminal Court, the accused faced up to 10 years in prison for his alleged assault of another driver in a motor vehicle accident.
But the other driver, who allegedly initiated the chase and eventually rammed his car into the accused’s vehicle, received three years of probation.
Defense attorney Lawrence M. Fisher contended that this sentence was made without considering the accused’s perspective and that up until the assault his client was a victim fleeing for his life.
The accused pleaded not guilty to a charge of attempt to murder in the 2nd degree accompanied by a charge of assault with the intention to cause serious bodily harm with a weapon.
The assistant district attorney described the incident as starting on the Manhattan-bound lanes of the Queensboro Bridge when the accused, driving a yellow Dodge Ram, accidentally struck the side view mirror of a black Mercedes.
The incident, initially appearing as a minor fender bender, escalated rapidly as the driver of the Mercedes subsequently rammed his car into the accused’s car.
According to the ADA, as the accused began to flee, the Mercedes followed in pursuit attempting to cut off the accused. The high-speed chase continued along the Queensboro Bridge into Manhattan as each driver tried to cut the other off.
Eventually, the Mercedes drove into the yellow Dodge again, causing the accused to go spiraling into a telephone pole on East 62nd Street, according to court records.
The ADA charged that, after the crash, the accused called 911, then approached the Mercedes and stabbed the driver several times in the face, torso, and calf.
After police intervened and apprehended the accused, the Mercedes driver was escorted to the hospital, where he was treated and later released.
The ADA recommended the accused be sentenced to 10 years in prison and urged the court to raise the bail bond value to $100,000, citing the accused’s previous assault case in 2014, describing the accused as a “violent felon.”
Defense attorney Fisher countered by arguing there was no reason for the bail to be increased because the accused had made all previous court appearances and was always dressed appropriately.
The defense urged the court to take into account that his client was unaware of the fender bender that he caused in the initial moments of the incident.
When the driver of the Mercedes rammed into the accused’s car, defense attorney Fisher noted that, from the accused’s perspective, it appeared as though the Mercedes driver was attempting to kill him without any apparent reason.
Fisher added that in such an attempt, the Mercedes driver also endangered the lives of civilians by driving on the opposing lane of traffic and disobeying traffic laws.
Attorney Fisher argued that up until the point of knife attack, his client did nothing wrong as the subsequent chase was an attempt on behalf of the accused to flee for his life.
The defense noted the accused’s attack could be justified as a valid emotional response to the life-threatening actions of the Mercedes driver.
At the end of defense attorney Fisher’s statement, he said the ADA charged the Mercedes driver with an attempt to assault misdemeanor accompanied by three years of probation, without attempting to hear and consider the recollection of events from the accused’s perspective.
Judge Curtis J. Farber told the ADA he was surprised the prosecution’s office resolved the case in the manner that they did, and suggested the sentencing of the Mercedes driver overlooked the damages, endangerment of lives, and injuries to bystanders caused by them.
The judge refused to increase the accused’s bail.
