No charges for cab driver in wounded tourist case - FOX 10 News | myfoxphoenix.com

No charges for cab driver in wounded tourist case

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NEW YORK (MYFOXNY) -

Manhattan District Attorney Cyrus Vance Jr. will not file any criminal charges in the Sian Green tragedy. On August 20, the young British tourist was sitting a dozen feet from the curb near Rockefeller Center when she was run over by a cab avoiding a bicyclist. Green's left leg had to be amputated below the knee.

Vance's office issued a statement noting that prosecutors specializing in vehicular crimes, and considering state traffic laws, could not find sufficient evidence of a crime.

"They conducted interviews with multiple eyewitnesses, the taxi driver, the bicyclist, and injured parties, reviewed all available video surveillance, listened to numerous 911 calls, and retrieved the taxi's 'black box' data," the statement said. "We are sensitive to the trauma faced by Ms. Green and others injured in vehicular crashes, and notified the attorneys and representatives for all parties last week of this decision."

Green's attorney said he expected an assault by auto charge and believes the decision is politically motivated.

John Jeannopoulos, a former federal prosecutor, is not surprised at the lack of criminal charges, noting there were too many differing accounts and external factors that could impact on who was responsible. He added that the decision will not hurt Green's ability to sue for money because that requires far less proof than criminal cases. But he concluded that it will be hard for her to get much money. He said that liability is limited for cab drivers, especially since the cabbie who overran Green leased his cab. Cabbie Faysal Himon has only received a 30-day suspension from the Taxi and Limousine Commission. His lawyer said he is happy not to be prosecuted but still upset for Green. He is back driving a cab in New York City.

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