fffmn ARCCA BACKGROUND

Transcription

1 fffmn INCORPOR.TÉD, lr.rcorporeleo 2288 SECOND STREET PIKE P.O. BOX 78 PENNS PABK, PA PHONE FAX www. rcc. co m I[l4y 25,2017 Steve Vccro Lw Office of Vccro & V/hite 17 Bttery Plce, Suite 204 New York, NY Re: Iijim, Myumi dministrtor for Estte of Ryo Oymd v. New York City U.S. District Court, Estern District of New York Index #:13CY2688 (ARR) DOL: 2/21/2013 File No.: Der Mr. Vccro: is plesed to submit report bsed on engineering reserch, nlysis, nd written mterils reviewed. This summry is considered preliminry in dvnce of review of other written mterils, depositions, nd/or discovery mterils to be cquired in the future. This summry contins opinions bsed on the bckground, eduction, nd experience of Mr. Peter Chen (See ttched CV nd Tril nd Deposition list, Attchments A nd B), in ddition to the written mteril reviewed to dte. Opinions re subject to chnge bsed on new mterils. Mr. Peter Chen is slried employee of,inc.,2288 Second Street Pike, Penns Prk, PA, nd resides in the county of Hrtford, in the Stte of Connecticut. Mr. Chen receives no compenstion bsed on the outcome of ny of the cses in which he is ssigned., Inc. bills $275 per hour for engineering work nd $325 per hour for depositions nd trils for Mr. Chen's services. BACKGROUND On or bout Thursdy, Februry 21,2013, f 00:45 hours (12:45.m.), Mr. Ryo Oymd ws struck nd killed on 40th Avenue est of 10th Street, Borough of Queens in New York City, NY. Mr. Oymd ws struck by mrked Police cr driven by Officer Drren Ilrdi. ws sked to review the written mterils nd ttempt to determine ny objective conclusions given the informtion provided. WRITTEN MATERIALS REVIEWED o Security Cmer Videos of the incident. Bystnder Video of the incident. NYPD AIS File, index of documents ttched s Attchment C. o NYPD Internl Affirs File, index of documents ttched s Attchment D.. EDR Digitl File. Depositions of: o Officer Drren Ilrdi, Driver (Opertor), dted Februry 4,2016

2 Mrch25,2017 Pge 2 o Officer Json Crmen, Pssenger (Recorder), dted Februry 3,2016 o Detective Robert Sporito, dted December 16, 2015 o Detective Mitcchione, dted Jnury 21,2016 o Cptin Frnk Trntol, Duty Cptin, dted Jnury 19,2016 o Deputy Inspector Sylvester Ge, Inteml Affirs, dted December 7,2015 o Roger Regis, Custodin of Tpe nd Records, dted April7,2016 o Sergent Eynt Nor, Internl Affirs, dted Mrch 7,2016 o Officer Smith Dorsnt, Opertor for Sgt. Fletcher, dted August 23,2016 o Sergent Fletcher, Ptrol Supervisor, dted December 10, 2015 o Tsuks Oymd, Fther of Ryo Oymd dted December 3,2013 o Megumi Ono, Friend of Ryo Oymd, dted December 31, IAB Trnscript of Officer Crmn, dted Febru ry 21, 2013 o New York Stte Vehicle nd Trffic (VAT) Lws o New York City Deprtment of Trnsporltion Trffic Rules o New York City Production, cover letter dted, December 12,2014. VIDEO ANALYSIS Videos nrovided the nq informtion: Videos were vilble vi link to the The Gothmist, dted August 20,2014. o The video links to Vimeo which contined two video cmer views contined within the sme video: Cmer I nd Cmer 2. o Cmer I (left in view) ws mounted t the southest corner of 40th Avenue nd 101h Street, while Cmer2 (right in view) ws mounted on the southwest corner of 40th Avenue nd l2th Street.. At the strt of the video, Cmer I hd dte nd time stmp of O:42:01, while Cmer2hd dte nd time stmp of 02121/2013 0O:42:02.. At 00:42:05, the Cmer times strt to diverge in clock speed.. At 00:42:07 (Cmer l) nd 00:42:13 (Cmer 2), Mr. Oymd first comes into view wlking west on the south side of 40th Avenue.

3 Mrch25,2Ol7 Pge 3 Mr. Oymd entered the crosswlk on 12th Street t 00:42:21 nd left the crosswlk t 00:42:27 (See Figure 1). RuLr thc I'tÈäæ hè ùbrêê bêhrã,l brô,ëlrt qì ñè ltüùd il+tãtütr 3 l., Oôrút.rtlE ILE' #.1zdrÐrcrá HôÚç Figure 1: Pedestrin Crossing cross 12th Street, South Side

4 Mrch25,2017 Pge 4 From Stellite nlysis of the intersection nd video nlysis, Mr. Oymd took pproximtely 6 seconds to cover 32.9feet, which would result in pedestrin wlking speed of 5.5 feet per second. 5.5 feet per second is within the norml pedestrin wlking speed of 4 to 6 feet per second. At00:42:52 (Cmer 1) nd OO42:34 (Cmer 2),Mr. Oymd crossed l2th Street nd ws wlking proximte to the loction of Cmer2. o The entire time Mr. Oymd ppers wlking in sight of Cmer 2,l: ilr. Oymd wlks t stedy pce, in stright pth, nd in controlled mnner. o From this point forwrd, Mr. Oymd ceses to pper on video.. At 0O:43:40 (Cmer 1) nd 00:43:17 (Cmer 2),the front of the neighborhood store ws cptured in view s Cmer I begn to swing to look west. There were 3 pedestrins in view, with the right-most pedestrin seen wlking to the group on the left.

5 Mrch25,2017 Pge 5 trrn At 00:44:01 (Cmer 2), the Police cr hedlights pper in view on Cmer 1, which is now fcing west. The Police cr just crossed the pedestrin crosswlk locted t the intersection of Vernon Blvd nd 40th Avenue. The Vernon Blvd nd 40th Avenue intersection ws light controlled intersection. At 00:44:06 (Cmer l), the Police cr crossed the crosswlk cross 40th Avenue locted on the west side of the intersection of 10th Street nd 40th Avenue (See Figure 3). Brke lights re seen just fter the cr crossed the crosswlk.

6 Mrch25,2017 Pge 6 Figure 2: Cr Entering Intersection At 00:44:07 (Cmer 1), the Police cr begins to leve the cmer's field of view (See Figure 3). Figure 3: Cr Exiting View

7 Mrch25,201l PgeT There ws no evidence in the video tht the Police cr hd ny emergency lights or signls on. Furthemore, we cn see in the video tht the Police cr ws entering the intersection driving in the middle of the rod, \ryheres 40th Avenue ws two lne rod tht runs estbound nd westbound. From Stellite nlysis, we find tht the distnce between entering nd crossing the crosswlk t Vernon Blvd nd crossing the crosswlk t loth Street ws distnce of feet (See Figure 4). Given the time difference of 5 seconds to trvel feet, the Police cr ws trveling t n verge of 94.7 feet per second, or 64.6 mph. It is likely tht the Police clws going slower speed t the time of entering 40th Avenue t Vernon Blvd, nd therefore ws going higher speed upon entering the intersection of 1Oth Street nd 40th Avenue. F.uler l-ine MeMe the dsbn<e betils two pohe 6 tle lrtrd MÐLmsùr ræ.se lr*l.ljïe Gromd Lerqúr: 473,57 Heðd E; 1æ,26 d gres Figure 4: Distnce of Trvel of Police cr in Video At 00:44:10 (Cmer 1), presumbly fterthe incident,lights from the Police cr re now seen flshing in the video, reflecting off of the street pole nd signs.

8 Mrch25,2Ol7 Pge 8 At the sme time 00:43:17 (Cmer 2), Police Vn is in view cross 12th Street. The police vn pnned into view on Cmer 2 t pproximtely O0:43:43 (Cmer 2) time nd 00:44:05 (Cmer 1) time, while the Police cr ws one cr length wy from the crosswlk t 10th Street.

9 Mrch 25,2017 Pge 9 Bystnder Video provided the followinq informtion: There ws link from The Gothmist to bystnder video cptured on socil medi. The video ws useful in identifying the point of rest of Mr. Oymd. 'When compring to publicly vilble street view, Mr. Oymd's point of rest ws t or bout the center of the rod in line with bus stop sign locted on the south side of 40th Avenue (See Figure s). When querying stellite informtion, the distnce from 1Oth Street to the point of rest ws pproximt ely feet.

10 Mrch 25,2O17 Pge l0 ACCIDENT RECONSTRUCTION Figure 5: Point of Rest From the Police Reports, we know tht the Police cr ws being driven by Officer Drren Ilrdi. Also within the vehicle in the right front pssenger set ws Officer Json Crmn. The vehicle ws 2010 Chevy RMP (Rdio Motor Ptrol), VIN# 2G1WD5EMXA From Vinlink report, the Police cr ws equivlent to 2010 Chevy Impl, V6 3.9L. Vehicle specifictions were vilble from Expert Autostts which re now ttched to this report, long with the Vinlink report, s Attchment E. From the video nlysis nd stellite informtion nlysis, we lredy know tht Mr. Oymd ws wlking t pproximtely 5.5 feet per second. Prior to the collision, we lso know tht the Police cr ws driving t lest 64.6 mph s it pproched 10th Street. A street view survey of the 40th Avenue reveled no speed limit signs for estbound 40th Avenue strting t Vernon Blvd. The unposted speed limit for New York City ws 30 mph t the time of the incident. (Note tht the unposted speed limit ws chnged from 30 mph to 25 mph on November7,2014, fter the incident dte of Februry 21,2013). The Police cr ws going conservtive estimte of 34 mph over the sttutory speed limit of 30 mph, or over twice the speed limit. A vehicle going 64.6 mph would be trveling t 95 feet per second, s opposed to vehicle trveling t 30 mph or 44 feet per second. Trveling t more thn double the speed limit would be prticulrly dngerous to pedestrins crossing the rod t night, becuse pedestrin checking the rod for clernce to cross my think tht they hve sufficient clernce, hving only the hedlights of n oncoming vehicle to gge distnce nd speed. As evidenced in the video nd stellite nlysis, the Police cr spnned n incredible distnce of 0.09 or lmost 1/lOth of mile in less thn hlf the time it would tke cr trveling within the speed limit to trvel the sme distnce.

11 Mrch25,2017 Pge I I Anlysis of Scene DiRrm The police produced digrm with dimensions of the rod nd of points of rests of evidence such s ht, blood, nd items deposited s result of the collision (See Figure 6). 7F t,oiì rt; ilrslsïop+ ÈEAD uvs TH AV lbramarfo PCT d UOl(n VêrctË ICCþeT ålú $8c}n,.8H EproRl $rdl ^J"icå* tl3-io ltt.!lrt Figure 6: Police Digrm

12 Mrch25,2ol'l Pge 12 The rod ws mesured to be 47 feet,10.73 inches. At 5.5 feet per second, Mr. Oymd would require 8.7 seconds to cross the rod in the nrrowest dimension. Assuming Mr. Oymd ws crossing from south to norlh t the time the Police cr \ /s essentilly two blocks wy t Vernon Blvd., Mr. Oymd would hve been somewhere in the estbound lne when struck. The police reports indicte tht Mr. Oymd ws struck pproximtely 60 feet est of loth Street. Bsed on ccident reconstruction methodology tught t SAE, items deposited on the rod re good indictor of points of impct. The ht ws locted pproximtely 75 feet from 10th Street, which would be pproximtely in line with the est end of the mrket (See Figure 7), nd would be consistent with n impct in n re round the door of the store. The ht, ipod, nd hedphones were locted in the westbound lne, indicting tht Mr. Oymd ws likely struck in the westbound lne somewhere between the centerline of the rod nd the northern edge of the rod. REDACTED Line Pth REDACTED Figure 7: Loction of Ht

13 Mrch 25, 2017 Pge 13 Oymd further evidences tht Mr. Oymd ws struck in the westbound lne of 40 th Avenue nd tht the Police cr ctully steered bck towrds the estbound lne fter the impct. The video, the police digrm in Figure 6, nd the police nrrtive were therefore entirely in conflict with the police sketch in the Preliminry Report nd Police Accident Report (See Figure 8). Pedestrin Impct nd Throw Anlysis Figure 8: Police Sketches Given tht we know the point of rest of Mr. Oymd (pproximtely feet from 10 th Street) nd the estimted point of impct (pproximtely 60 feet from 10 th Street), nd we know tht Mr. Oymd ws struck nd experienced wrp nd throw (from the nrrtive), then we cn determine the collision speed using vriety of pedestrin impct equtions (See Figure 9). Figure 9: Digrm of Inputs to Pedestrin Throw Equtions (G. Russell, Equtions & Formuls for the Trffic Accident Investigtor nd Reconstructionist)

14 Mrch 25,2011 Pge 14 Since we do not hve ll of the vr-ibles nd informtion to employ mny of the different throw equtions, we cn use the pedestrin throw equtions tht employ the totl throw distnce, which we know to be pproximtely 50.7 feet. We cn further verge the results of the different equtions to come up with resonble prediction of collision speed. Summry of different models nd equtions re now ttched s Attchment F. Results of the pedestrin throw nlysis re summrized in Tble 1. Distnce h WP 65.7 ft 2.5 ft estimted hei t of center of mss of destrin pounds pounds (vehicle weight f rom Expert Autostts) (esti mted pedestrin weieht)] VIN 2G1WD5EMXALL Chevv lmpl, V Amrit nd Toor Speed k (wrp) I 0.01, fps 39.3 nlph k Adult 0.02L fps 37.9 mph Serle Lowest Vlue s ed low 0.66 M.L f hi o m h Wood Simpl ified mph Wood d hi h f 18.2 m Av "r.g" I 31 Tble 1: Pedestrin Throw Anlysis Bsed on the pedestrin nlysis, Mr. Oymd ws struck t pproximtely 31 mph. This indicted tht the Police cr ws in the process of brking from the initil trvel speed of 64.6 mph when the cr struck Mr. Oymd. Eutions of Motion Anb)sis There ws nothing noted in the police report of ny skid mrks from the Police cr. A norml decelertion rte for vehicle is somewhere between 0.3 to 0.45 mph. From Expert Autostt report of the 2010 Chevy Impl, V63.9L, Police Pcl<ge vehicle, VIN #2GIWD5EMX^l179282,the mx decelertion rte for the cr with hrd pedl, no skid, from 60 to 0 mph ws ftlsecz, time of 3.2 seconds, nd 140 feet of distnce. Therefore, from 64.6 to 0 mph t the mx decelertion rte, the Police cr would hve required 3.4 seconds nd feet to stop. This ws entirely consistent with the video showing brke light ctivtion (mber) s the police cr crossed over the pedestrin crosswlk t 1Oth Street nd crossing the intersection (See Figures 2, 3, nd l0).

15 Mrch25,2Ol7 Pge 15 Ruler Lire l,leue the dhtnæ betwm two tr*rb q the ground ø Èp LengUì: croud Lengb: Hedfrrgr 1æ ,{6 degrees Figure 10: Distnce between Crosswlk nd Points of Rest In comprison, if the Police cr v/s doing the speed limit of 30 mph t the point of humn perception nd emergency brking, the Police cr would hve required 35 feet to stop nd would not hve come close to hitting Mr. Oymd, who would hve been pproximtely 95 to 100 feet wy from the westem crosswlk. Even if we were to ssume speed of 40 mph, the Police cr would hve required 62 feet to stop, which would hve been short of the point of impct. Using equtions of motion time, distnce, decelertion, nd speed nlysis, \4/e cn lso estimte collision or impct speed nd verify the Pedestrin Throw Anlysis. We know from equtions of motion: Vi -Vf = 61 Viz -uf2 =2D 'Where, Vi = Initil Speed (ftlsec) Vf = Finl Speed (ftlsec) = ccelertion, or in this cse mx decelertion, ftlsec2 t = time D = distnce trveled (ft) Assuming mx decelertion rte of ftlsecz,64.6 mph (94.7 ftlsec) to 39.5 mph (57.9 ftlsec) would require 1.3 seconds nd distnce of 101 ft mph to 0 mph would require n dditionl 2.1 seconds nd n dditionl distnce of 60.8 feet. A collision speed of pproximtely 39.5 mph using equtions of motion would be in line with two of the clculted pedestrin throw equtions nd support the conservtive estimtion of 3l mph s the collision speed.

16 Mrch25,2017 Pge 16 RFIDÀCTF:T) Anulysis of Driver History REDACTED SITE INSPECTION On Mrch 22,2017, while returning from n erly morning inspection in Brooklyn, I ws ble to stop t or bout the site of the incident, th Avenue, Long Islnd City, Queens, NY, nd spot check the distnces nd mesurements used in the ccident reconstruction from the police scene digrm (See Figure 6), s well s stellite queries. The following tble ws generted from the inspection (Tble 2):

17 Mrch25,20ll Pge l7 Distnce Loction From Direction (ft) (in) Notes Vernon Blvd Vernon Est 0 0 End of Crosswlk t Vernon Vernon Est 16 0 West end of 9th Street Vernon Est Est end of gth Street Vernon Est Strt of Crosswlk t 10th Vernon Est End of Crosswlk t l0th Vernon Est West end of 10th Street Vernon Est Est end of 10th Street Ve rnon Est 52r 2 Est Strt of Bus Stop 10rh Est Mesured on South Sidewlk End of Bus Stop 10rh Est Mesured on South Sidewlk Bus Stop Sien 10th Est Mesured on South Sidewlk C.Wlk t l0th Center of Door of Store 10th Est 54 5 Mesured from South Side of 40th Center of Door of Store 10th Est 46 8 Mesured on North Sidewlk South Edge of Store nd Sign 10th Est 59 2 Mesured on North Sidewlk Double Yellow Line North 40th south th Avenue Rod Width north south in. for wheel di Tble 2: Site Inspection Mesurements The spot check of mesurements were lrgely consistent with the police scene digrm (See Figure 6), nd stellite queries, nd therefore the Accident Reconstruction Anlysis nd conclusions remin unchnged. Some dditionl informtion tht cn be gthered from the site inspection ws tht the point of impct 60 feet est of 10th Street ws somewhere just est of the door nd within the profile of the front of the store window nd sign (See Figure I 1). According to the report of police investigtors, video tken t the time of the crsh by cmer mounted on the deli ws reviewed, but not collected.

18 Mrch 25,2017 Pge 18 Figure L1: Front ofthe Store The crosswlk t 101h Street locted on the west side of the intersection ws ctully for school crossing (See Figure 12). Af the time of the inspection, there ws crossing gurd. Figure 12: School Rodwy Mrk There were no posted speed limits from Vernon Blvd to pst loth Street on estbound 40th Avenue, nd the rod ws essentilly flt. Although there ws slight curvture to the rod, there ws n unobstructed line of sight between Vernon Blvd nd loth Street, lthough the distnce begins to be beyond humn sight (See Figure l3).

19 Mrch 25,2017 Pge 19 ARCC,A APPLICABLE Figure 13: View from Vernon Blvd estbound down 40th Avenue F'F'IC T,AW A cuse of the incident ws speeding. Under the New York Vehicle & Trffic Lw (VTL) 1180, (), (d), nd (h): "$ Bsic rule nd mximum limits. () No person shll drive vehicle t speed greter thn is resonble nd prudent under the conditions nd hving regrd to the ctul nd potentil hzrds then existing." "(d) l. Except s provided in subdivision (g) of this section, whenever mximum speed limits, other thn school speed limits, hve been estblished s uthorized in sections sixteen hundred twenty, sixteen hundred twenty-two, sixteen hundred twenty-three, sixteen hundred t'wenty-seven, sixteen hundred thirty, sixteen hundred forty-three, sixteen hundred forty-four, sixteen hundred fifty-two, sixteen hundred sixty-two-, sixteen hundred sixty-three, nd sixteen hundred seventy, no person shll drive in excess of such mximum speed limits t ny time." "(h) Upon conviction for violtion of subdivision (b), (c), (d), (Ð ór (g) of this section, the court shll record the speed upon which the conviction ws bsed on the cerlificte required to be filed with the commissioner pursunt to section five hundred fourteen of this chpter, or if the conviction occurs in n dministrtive tribunl estblished pursunt to r-ticle two-a of this chpter, the speed upon which the conviction ws bsed shll be entered in the deprtment's records. l. Every person convicted of violtion of subdivision (b) or prgrph one of subdivision (d) of this section shll be punished s follows: (i) Where the court or tribunl records or enters tht the speed upon which the conviction ws bsed exceeded the pplicble speed limit by not more thn ten miles per hour, by fine of not less thn forty-five nor more thn one hundred fifty dollrs; (ii) Where the courl or tribunl records or enters tht the speed upon which the conviction ws bsed exceeded the pplicble speed limit by more thn ten miles per hour but not more thn thirty

20 Mrch 25,2011 Pge2O miles per hour, by fine of not less thn ninety nor more thn three hundred dollrs or by imprisonment for not more thn fifteen dys or by both such fine nd imprisonment; (iii) Where the court or tribunl records or enters tht the speed upon which the conviction ws bsed exceeded the pplicble speed limit by more thn thifty miles per hour, by fine of not less thn one hundred eighty nor more thn six hundred dollrs, or by imprisonment for not more thn thirty dys, or by both such fine nd imprisonment." The Police cr ws trveling t over 30 mph over the sttutory speed limit of 30 mph, which ccording to New York VTL 1180 (h) ws the highest level of speeding level violtion. Not only ws the Police cr trveling over 30 mph over the speed limit, the Police cr ws trveling t over twice the unposted city speed limit of 30 mph. At these speeds, the Police cr ws dnger to themselves, other vehicles, nd to pedestrins regrdless of conditions or regrdless if the turret lights nd sirens were on. Humn perception rection time for emergency brking hs been shown to be I to 1.5 seconds under idel conditions.l For nighttime nd non-idel conditions, such s pedestrin wlking perpendiculr to the line of trffic, rection time cn be s high s 3 seconds.l For emergency steering, n dditionl 0.2 to 0.25 second ws typiclly required.l For the Police cr to perform emergency brking nd steering, the totl humn perception rection time t night nd under non-idel conditions cn tke s high s 3.25 seconds. A vehicle going 64.6 mph would be trveling t 95 feet per second nd could trvel upto284 feet before effectively pply brkes, which would still require n dditionl 163 feet to stop. Tht would be totl of 447 feet, or lmost the entire distnce between Vernon Boulevrd nd 1Oth Street. Furthermore, the elements of rection time re perception time, judgement time, rection initition time, nd rection execution time.l"oocted Driving with sirens nd turret lights off nd REDACTED should not hve been combined with driving t higher thn posted speed limits through residentil neighborhood. REDACTED R. Limpert,, ttched s Attchment G

21 Mrch 25,2O17 Pge 21 REDACTED Police cr's ttempt t stelth. Driving t higher thn the speed limit through residentil neighborhood t night requires the driver to focus completely on drivingṫhe REDACTED driver should be focusing on driving nd voiding collision REDACTED more likely thn not, Officer Crmen ws ssuming tht Officer Ilrdi would be focusing on driving. Another cuse of this ccident ws filure to drive on the right side of the rodwy. Under the New York Vehicle & Trffic Lw (VTL) 1120: "$ Drive on right side of rodwy; exceptions. () Upon ll rodwys of sufficient width vehicle shll be driven upon the right hlf of the rodwy, except s follows: 1. When overtking nd pssing nother vehicle proceeding in the sme direction under the rules governing such movement; 2. When overlking or pssing bicyclists, pedestrins, nimls or obstructions on the right hlf of the rodwy; 3. When n obstruction exists mking it necessry to drive to the left of the center of the highwy; provided, ny person so doing shll yield the right of wy to ll vehicles trveling in the proper direction upon the unobstructed portion of the highwy within such distnce s to constitute n immedite hzrd; 4. Where trvel on the shoulder or slope is permitted by section eleven hundred thirty-one of this rticle; 5. Upon rodwy divided into three mrked lnes for trffic under the rules pplicble thereon; or 6. Upon rodwy restricted to one-wy trffic. (b) In ddition, upon ll rodwys, ny vehicle proceeding t less thn the norml speed of trffic t the time nd plce nd under the conditions then existing shll be driven in the righthnd lne then vilble for trffic, or s close s prcticble to the right-hnd curb or edge of the rodwy, except when overtking nd pssing nother vehicle proceeding in the sme direction or when prepring for left turn t n intersection or into privte rod or drivewy. (c) Upon ny rodwy hving four or more lnes for moving trffic nd providing for two wy movement of trffic, no vehicle shll be driven to the left of the center line of the rodwy, except when uthorized by signs or mrkings designting ceftin lnes to the left side of the center of the rodwy for use by trffic not otherwise permitted to use such lnes, or except s permitted under subsection () (2) hereof." As evidenced by the video uno*"oo"t"o, the Police cr ws driving essentilly in the middle of the rod s it entered the intersection of 1Oth Street nd 40th Avenue. As evidenced by the police scene digrm (See Figure 3) nd REDACTED the Police cr initilly swerved left nd Mr. Oymd ws struck somewhere within the westbound lne. More likely thn not, fter striking Mr. Oymd, the Police cr ws steered to the right to its finl point of rest in the estbound lne.

22 Mrch25,2017 Pge22 If the Police cr hd been operted in the estbound lne, more likely thn not, Mr. Oymd would not hve been struck. At the speed the Police cr ws trveling, it would not hve mttered if Mr. Oymd hd crossed t the crosswlk or t ny other point in the rod. Mr. Oymd would not hve hd the speed or humn perception nd rection time to rect to the Police cr, nd s stted previously, Officer Ilrdi did not hve dequte humn perception rection time for emergency brking or steering given the nture of the street nd the nighttime conditions. A trvel speed of t lest 64.6 mph ws essentilly highwy speed. For this reson, there re no known pedestrin crosswlks cross highwys without creful considertion of trffic control lights nd/or trffic control signs plced well in dvnce of such crosswlk. There ws no trffic control light t the intersection of 1Oth Street nd 40th Avenue, nd no pedestrin crosswlk signs posted estbound on 40th prior to the intersection. More likely thn not, Mr. Oymd looked to see if there ws sufficient clernce to cross, nd begn to wlk cross 40th Avenue t or bout the door to the store. However, once in the rod, Mr. Oymd ws essentilly trpped becuse of the high speed of the oncoming cr nd the fct tht the cr ws driving in the wrong lne. It would hve been resonble for Mr. Oymd to hve ttempted to void the collision by moving forwrd towrds the northern curb, becuse he ws closest to tht curb nd his movement in tht direction might hve voided or mitigted the collision, hd Officer Ilrdi not lso swerved. New York VTL 1152 regrding Pedestrins ws superseded by the New York City Trffic Rules in Section 4-02 (e). Per NYC Trffic Rules Section 4-04(c nd d): "(c) Restrictions on crossings. (l) No pedestrin shll enter or cross rodwy t ny point where signs, fences, briers, or other devices re erected to prohibit or restrict such crossing or entry. (2) No pedestrin shll cross ny rodwy t n intersection except within crosswlk. (3) No pedestrin shll cross rodwy except t crosswlk on ny block in which trffic control signls re in opertion t both intersections bordering the block. (d) Opertors to exercise due cre. Notwithstnding other provisions of these rules, the opertor of vehicle shll exercise due cre to void colliding with ny pedestrin." Becuse the intersection of 1Oth Street nd 40th Avenue did not hve trffic control signls t both intersections bordering the block nd becuse Mr. Oymd ws not crossing the rodwy t n intersection, Mr. Oymd ws permitted by lw to cross 40th Avenue nywhere long 40th Avenue. There ws no evidence tht Mr. Oymd jumped out into the pth of the oncoming Police cr, becuse s erlier concluded, Mr. Oymd ws lredy in the westbound lne. As evidenced by Officer Ilrdi's testimony (pg. 91), Mr. Oymd ws "shimmying left nd right" indicting tht Mr. Oymd ws trying to get out of the pth of the oncoming vehicle. CONCLUSIONS: Bsed upon the video evidence, review of written mterils, site inspection, nd engineering reserch, I conclude the following with resonble degree of engineering certinty: 1. On Februry 21,2013, t or bout 12:45.m. (00:45 militry time), Officer Dren Ilrdi, the opertor of 2010 Chevrolet Impl Police Cruiser, struck Mr. Ryo Oymd ner the intersection of 10'h Street nd 40th Avenue, Borough of Queens, New York.

23 Mrch25,2011 Pge23 2. Mr. Oymd ws wlking on the south sidewlk of 40th Avenue west\ /rds towrd the corner of 1Oth SÍeet nd 40th Avenue. Bsed on video, Mr. Oymd ws wlking in norml stright mnner, nd did not pper to be cting in reckless mnner. As Mr. Oymd ttempted to cross 40th Avenue t or bout the loction of the store, Mr. Oymd ws struck in by the Police cr. 3. Bsed on the police scene digrm nd nlysis, Mr. Oymd ws more likely thn not in the westbound lne when he ws struck by the Police cr. 4. Bsed on video nlysis, scene digrms*plactg the Police câr ws driving in the center of the rod for some period of time prior to the incident. REDACTED trffic when the Police cr struck Mr. Oymd. The Police cr trveling outside the right lne of trvel ìù/s violtion of New York Vehicle nd Trffic Lw 1 120, nd cuse of the ccident. Trveling in the westbound lne while going estbound ws reckless. 5. Bsed on ccident reconstruction nd video nlysis, the Police cr ws trveling t conservtively clculted verge speed of 64.6 mph in the est direction. 6. Bsed on the video, the Police cr begn pplying brkes t or bout crossing the crosswlk locted west of loth Street. 7. Bsed on different methods of motor vehicle ccident reconstruction (pedestrin throw equtions nd the equtions of motion), the Police cr likely struck Mr. Oymd round 31 mph. 8. Bsed on the scene digrm nd written mterils, the Police cr then mneuvered to the right nd stopped in the estbolrnd lne of 40th Avenue t or bout bus stop locted on the south sidewlk of 40th Avenue. 9. Bsed on the ccident reconstruction nlysis speed of 64.6 mph or more, cuse of this ccident ws the excessive speed in which Mr. Ilrdi ws operting the Police cr. Even with idel driving conditions (dylight, unobstructed lines of sight, trgets in the field of view nd not trveling perpendiculr to the vehicle), speed of 64.6 mph ws extremely unsfe for 40th Avenue. The Police clws in excess of 30 mph over the sttutory unposted city speed limit of 30 mph, which under New York Vehicle nd Trffic Lw 1180 would be considered extremely reckless. the Police cr then veered left further into the westbound lne of 10. Bsed on ccident reconstruction nd equtions of motion, the Police cr speed of t lest 64.6 mph ws unsfe on 40th Avenue in the vicinity of the incident on the bsis of humn perception nd emergency rection time, s it would require up to 447 feet for emergency brking nd steering, or lmost the entire distnce of 40th Avenue between Vernon Boulevld nd loth Street. (Note, this ws conservtive estimte for emergency brking nd steering, not norml brking nd steering). I l. REDACTED the dnger posed by the excessive speed ws further compounded by the fct tht REDACTED 12. REDACTED

24 Mrch25,2011 Pge Any one of the four cuses of this incident (excessive speed, driving outside the pproprite lne of trvel, REDACTED ) on their own could hve cused this incident. However, the combintion of ll four represented reckless disregrd nd represented n extreme risk to life to ll proximte to the pth of trvel. 14. This extreme risk ws prticulrly uncceptble to tke on street seprting lrge residentil housing project from n ll-night food store, which even fter midnight in Februry ws destintion for severl pedestrins s shown in the Cmer 2 video. REDACTED 15. The ctivtion of sirens or turret lights would hve been helpful in preventing this incident by helping Mr. Oymd differentite n oncoming Police cr s being different from norml vehicle in opertion. REDACTED The bove conclusions re subject to chnge with the ddition of new mterils or informtion. Respectfully Submitted, VIE, PE, ACTAR Þc ti * * 2053