律師的辯護:
Gomez’ attorney, Todd Greenberg, refuted the prosecution's argument and claimed Gomez had displayed himself a reasonable and competent driver that night.
Greenberg argued that Gomez didn’t see Chen because he was looking for an opportunity to safely merge onto the busy College Point Boulevard. As Gomez was looking out the left side of his car watching oncoming traffic, Greenberg said Chen had wandered onto the road in the front right of the car at the exact moment outside of the defendant’s view.
“There is no crime, it’s a tragedy,” Greenberg said. “This isn’t a case of [Gomez] couldn’t see because of the tints, but he didn’t see because he was being a reasonable driver.”
The point was emphasized on cross examination of one of the investigators of the incident, who in his initial report listed the accident as “pedestrian error.”
Greenberg said if anyone could be blamed for the accident it would be Chen’s father, Jimmy Chen, who was with his son that night. Greenberg argued that his client had driven reasonably and carefully, and Chen was hit because Jimmy Chen could not control him as he wandered into the road.
從容人生 發表評論於 2025-11-03 18:16:44
我沒找到那個視頻。但找到皇後區檢查官辦公室起訴書。一共起訴了14項罪。 從起訴書講的地址,汽車停在41-04 College Point Boulevard 的前麵,孩子從車頭前穿過的時候,肇事者也同時開車匯入交通。如果這樣的話,從地圖上看,小孩穿越的地方不是斑馬線。檢查官說司機應該看到小孩,而辯護律師說司機忙於看左邊並入交通車流,沒有看到小孩。陪審團商議了4天,聽取了調查人員的證詞(其中一個調查人員說是行人的責任),觀看了視頻,決定重罪不成立,但輕罪成立。
以下是檢查官辦公室描述案件發生的經過:
On November 29, at approximately 6:39 p.m., video surveillance shows that Gomez parked his 2014 white Infiniti Q50 in a No Standing Zone in front of 41-04 College Point Boulevard at 41st He went into the Dunkin Donuts at that location and returned to his car.
Quintus Chen, 3, of Flushing, was walking down the street ahead of his father and stepped off the curb in front of the Infiniti.
Video surveillance footage shows that the child’s head cleared the top of the car’s hood and he would have been visible to the driver.
Without signaling, Gomez then pulled forward into a traffic lane on College Point Boulevard.
Quintus was thrown from the hood to the street underneath the car. He was dragged approximately 10 feet. Gomez appeared to slow or stop the vehicle before driving off.
The child sustained severe head and neck trauma and was transported to a local hospital where he was pronounced dead.
At approximately 8:50 p.m., the Infiniti was found parked in front of a fire hydrant at the intersection of College Point Boulevard and Pople Avenue, about four blocks from the collision scene. It was towed to the 109th The vehicle was observed to have blood on the driver’s side kick board.
The car’s windows were excessively tinted. The windshield had a light transmittance of 11% and the driver’s side window had a light transmittance of 0%, both below the legal threshold of 70%.
Gomez was arrested the next day when he went to the 109th Precinct to inquire about the whereabouts of his car.
Gomez had only a learner’s permit and could not legally drive unless accompanied by a licensed driver at least 21 years old.
The car’s registration and insurance had expired.