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Sunday, November 17, 2013

No Charges Against Cabby in Crash Injuring Tourist @nytmetro

No charges will be filed against the cabdriver who crashed onto a pedestrian plaza in Midtown Manhattan in August and pinned a British tourist, severing her left leg just below the knee, prosecutors said on Thursday.
The office of the Manhattan district attorney, Cyrus R. Vance Jr., said that after an investigation of two months, it had decided that the driver, Faysal Himon, would not be charged with a crime. Mr. Himon’s license was suspended for 30 days after the crash, on Aug. 20, for prior violations, but he has been cleared to drive since late September, according to the city’s Taxi and Limousine Commission.
Daniel G. P. Marchese, a lawyer representing the family of the injured woman, Sian Green, said that the family was shocked and disappointed by the decision. But he said that it would not preclude the Greens from suing the driver, his cab company or the taxi commission, among others.
Mr. Marchese said that based on his knowledge of the evidence gathered, he believed Mr. Himon had intended to ram his cab into a cyclist, who, the driver said, had cut him off in late-morning traffic at the intersection of 49th Street and Avenue of the Americas. Mr. Marchese said that after Mr. Himon braked to a sudden halt, his cab rocked back, then lurched toward the cyclist, Kenneth Olivo.

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