Start with the cold fact that Florence Cioffi, 59, died last January 24th after being struck by a Mercedes-Benz SUV driven by a drunk driver who left the scene of the accident.
Flo appears to have been trying to hale a taxi. Videos show the SUV weaving down urban Water Street at 60 m.p.h. at 10:32 P.M.
Rule of Law ?? Not so much. Not when royalty kill commoners.
New York State addressed leaving the scene of a fatal accident with specific legislation on June 4, 2005. Class D felony with a sentence from 1 years to 2 1/3 to 7 years in prison.
"(Prior) law actually rewards a drunk and dangerous driver who leaves the scene of a fatal accident. If they stay they face a class D felony, but if they leave and sober up, they face only the lesser charge of a class E felony. This (law) is... closing a loophole," from Senator Marcellino.
For Wall Streeters ?
George Anderson, CEO of a firm serving Merrill, Goldman, and other sell-side firms is cutting a deal -- maybe buying one -- to get off with 16-days in jail and a $350 fine. MUCH MORE BTF :::
Family gets to complain in Court end of February. Try to overcome the Assistant District Attorney.
They could bring $5,000,000 cash. What else ?
Anderson's firm is Enterprise Engineering, at 115 Broadway, New York City. He is as inside-the-system as anybody.
www.joineei.com -- helluva client list.
What you are going to see is that a felony is admitted -- both leaving-the-scene and the fatal DUI -- and the Assistant District Attorney, David Hammer, finds a unique and never-before-argued position to bring to Court.
Felony leaving-the-scene with the DUI predicate in New York State means one year minimum incarceration.
Maybe not... for those among the ADAs who consider themselves and their wealth perps to be the Masters of the Universe.
06/04/05 Penalties Increased for Deadly Drivers in New York
New York Governor George E. Pataki has signed two bills into law that will help protect New Yorkers against hit and run drivers and drunk drivers. The new laws not only increase penalties for deadly drivers who leave the scene of an accident, but also eliminate the need for prosecutors to prove criminal negligence in order to charge a drunken driver with a felony.
.....The (prior) law did not distinguish between leaving the scene of an incident involving a "serious physical injury" and an incident involving a "fatal injury" charging both as a class E felony. The new legislation will elevate the crime of leaving the scene of an incident involving a fatal injury to a class D felony, with a maximum sentence of 2 1/3 to 7 years in prison. This legislation also elevates the crime of leaving the scene of an incident involving personal injury, which under current law is a class B misdemeanor (maximum sentence of up to 90 days in jail), to a class A misdemeanor, with a maximum sentence of up to one year in jail, with a second or subsequent violation could be charged as a class E felony.
http://www.senate.state.ny.us/...
The statutes are straightforward. For commoners, anyway:
Driving While Intoxicated #1192 Unclassified Misdemeanor.
Manslaughter in the second degree #125.15 C non-violent felony
http://www.stephengmurphy.com/...
This compares to other crimes:
Bribe receiving in the first degree #200.12 B non-violent felony.
06/04/05 Penalties Increased for Deadly Drivers in New York
New York Governor George E. Pataki has signed two bills into law that will help protect New Yorkers against hit and run drivers and drunk drivers. The new laws not only increase penalties for deadly drivers who leave the scene of an accident, but also eliminate the need for prosecutors to prove criminal negligence in order to charge a drunken driver with a felony. ...
http://www.deadlyroads.com/...
And we're surprised to find this one in the code:
Female genital mutilation #130.85 E non-violent felony.
That's non-violent ???
Here's the detailed text of the law:
§ 600. Leaving scene of an incident without reporting.
- Property damage. a. Any person operating a motor vehicle who, knowing or having cause to know that damage has been caused to the real property or to the personal property, not including animals, of another, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the damage occurred, stop, exhibit his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, and give his or her name, residence, including street and number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy, and license number to the party sustaining the damage, or in case the person sustaining the damage is not present at the place where the damage occurred then he or she shall report the same as soon as physically able to the nearest police station, or judicial officer.
b. It shall be the duty of any member of a law enforcement agency who is at the scene of the accident to request the said operator or operators of the motor vehicles, when physically capable of doing so, to exchange the information required hereinabove and such member of a law enforcement agency shall assist such operator or operators in making such exchange of information in a reasonable and harmonious manner. A violation of the provisions of paragraph a of this subdivision shall constitute a traffic infraction punishable by a fine of up to two hundred fifty dollars or a sentence of imprisonment for up to fifteen days or both such fine and imprisonment.
- Personal injury a. Any person operating a motor vehicle who, knowing or having cause to know that personal injury has been caused to another person, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the said personal injury occurred, stop, exhibit his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, and give his or her name, residence, including street and street number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy and license number, to the injured party, if practical, and also to a police officer, or in the event that no police officer is in the vicinity of the place of said injury, then, he or she shall report said incident as soon as physically able to the nearest police station or judicial officer.
b. It shall be the duty of any member of a law enforcement agency who is at the scene of the accident to request the said operator or operators of the motor vehicles, when physically capable of doing so, to exchange the information required hereinabove and such member of a law enforcement agency shall assist such operator or operators in making such exchange of information in a reasonable and harmonious manner.
c. A violation of the provisions of paragraph a of this subdivision resulting solely from the failure of an operator to exhibit his or her license and insurance identification card for the vehicle or exchange the information required in such paragraph shall constitute a class B misdemeanor punishable by a fine of not less than two hundred fifty nor more than five hundred dollars in addition to any other penalties provided by law. Any subsequent such violation shall constitute a class A misdemeanor punishable by a fine of not less than five hundred nor more than one thousand dollars in addition to any other penalties provided by law. Any violation of the provisions of paragraph a of this subdivision, other than for the mere failure of an operator to exhibit his or her license and insurance identification card for such vehicle or exchange the information required in such paragraph, shall constitute a class A misdemeanor, punishable by a fine of not less than five hundred dollars nor more than one thousand dollars in addition to any other penalties provided by law. Any such violation committed by a person after such person has previously been convicted of such a violation shall constitute a class E felony, punishable by a fine of not less than one thousand nor more than two thousand five hundred dollars in addition to any other penalties provided by law. Any violation of the provisions of paragraph a of this subdivision, other than for the mere failure of an operator to exhibit his or her license and insurance identification card for such vehicle or exchange the information required in such paragraph, where the personal injury involved (i) results in serious physical injury, as defined in section 10.00 of the penal law, shall constitute a class E felony, punishable by a fine of not less than one thousand nor more than five thousand dollars in addition to any other penalties provided by law, or (ii) results in death shall constitute a class D felony punishable by a fine of not less than two thousand nor more than five thousand dollars in addition to any other penalties provided by law.
And the minimum sentence law:
- Minimum period of imprisonment. The minimum period of imprisonment under an indeterminate sentence shall be at least one year ... (with more for serious offences)
http://www.deadlyroads.com/...
But not for Wall Street.
Not where the ambitious Assistant District Attorney David Hammer can start to cut/offer/screw_Justice with a 16-day sentence and $350 fine.
BTW: Flo was a World Trade Center survivor.
She has friends. On the other side, Anderson has money and big money friends.
Mayor Bloomberg was out damning Plaxico Burris -- a Giants pass receiver -- recently. Burris got super-dumb and carried a gun into a club.
Then he shot himself. In the leg.
"Throw the book at him" was the mayoral outcry.
We ain't heard a word about this SUV at 60 m.p.h. down Water Street bit of savagery. Not a peep.
Money swears.