Monday, November 22, 2010
Victim Of Texting Haredi Driver Dies
Family attorney David Sobiloff said widow Xiu Ying Zhang, 52, and three children want prosecutors to throw the book at Rothberger, who is currently facing only misdemeanor charges and no jail time.
A deliveryman run over by an allegedly texting driver has died -- and his grieving family wants justice.
Tian Sheng Lin, 53, died when Nechama Rothberger, 19, smashed her 2005 Toyota Camry into his scooter on Avenue P in Brooklyn on Sept. 19, authorities said.
Family attorney David Sobiloff said widow Xiu Ying Zhang, 52, and three children want prosecutors to throw the book at Rothberger, who is facing only misdemeanor charges and no jail time.
Rothberger claims she was merely texting her family after the accident, according to Leo Kimmel, the attorney who represented her at the arraignment. She told cops at the scene that she didn't see the scooter.
Mr. Lin died in late September, I believe, and was buried on October 11. This New York Post article was published yesterday.
I think the reason Rothberger is still charged with a misdemeanor is because the Chinese community is not well organized politically, but the haredi community is, and Brooklyn DA Charles Hynes is a noted coward who rarely stands up to haredim, who vote in blocs and who can make his reelection bids tougher.
I think Rotherberger should be charged with depraved indifference, which is Murder 2, or Manslaughter 1.
Hopefully, as more light is shined on the DA's behavior in this case, the charges will be modified to properly reflect the crime Rothberger committed – killing a human being.