Driver Indicted On Manslaughter Charges After Allegedly Striking, Killing Woman In Brooklyn
NEW YORK (CBSNewYork) -- Disturbing new information was revealed Thursday in the case of a pedestrian struck and killed by a sport-utility vehicle that jumped a curb in Brooklyn.
As CBS2's Tony Aiello reported, the driver has been indicted on manslaughter charges, and prosecutors said he knew he was at risk of passing out behind the wheel.
"It's kind of hard to sum up my feelings, to tell you the truth," said Hank Miller. "We're still grieving."
Miller was in court Thursday to see Marlon Sewell plead not guilty in the death of Victoria Nicodemus, 30, Miller's beloved little sister.
Nicodemus was walking down Fulton Street in Fort Greene, Brooklyn last December when Sewell's SUV jumped the curb and struck her in the head.
"What he said initially was that he swerved to avoid hitting a bus, and that caused him to drive on the sidewalk," said Brooklyn District Attorney Kenneth Thompson. "We pulled the surveillance videos from that area. That didn't happen."
Thompsons said investigators spent months building a manslaughter case, focusing on the actions of the driver and his SUV.
Prosecutors said Sewell continued to drive his vehicle, knowing it had a mechanical problem. They said gas fumes would seep into the cabin, putting him at risk of passing out.
Sewell told investigators he passed out at the wheel once before, while driving on the Major Deegan Expressway.
"You don't drive a car like that, because you can put other drivers and pedestrians at danger," Thompson said.
Miller called Sewell's conduct "recklessness, irresponsible, just awful."
Nicodemus' family and friends held vigils, and signed a petition urging the DA to file felony charges. But Thompson said none of that influenced his office.
"The advocacy, the petition had nothing to do with our decision," Thompson said. "This was the right decision in this case."
"I'd like to see the district attorneys across the city take these cases more seriously," added Miller.
Miller said his heart still breaks when he thinks about what happened to his sister, and how easily tragedy could have been avoided.
There was no comment from Sewell or his attorney Thursday.
Sewell faces five to 15 years in prison if convicted of negligent manslaughter.