The Action Carting driver who killed 27-year-old Neftaly Ramirez as he was biking home from his job at Paulie Gee’s is not being charged with a crime. Investigators say the unnamed driver was not aware he struck Ramirez, a claim that many say is dubious. The case remains open, which is causing further frustrations since journalists do not have full access to the details of an ongoing investigation. Drivers who work for Action Carting, a privately owned garbage company, have killed 4 other pedestrians and injured about a dozen since 2008. From Brooklyn Paper:
Police will not charge the driver of a commercial garbage truck who hit and killed a cyclist in Greenpoint on July 22 then left the scene, but still have not closed the case — a move that keeps evidence secret, potentially until the controversy surrounding the death blows over.
Five separate police spokespeople told the Park Slope Courier on Aug. 11 that no criminal charges are being made against the male motorist who killed 27-year-old Neftaly Ramirez because a three-week investigation found the driver didn’t know he hit the bike rider, but then said the probe is ongoing and refused to say what evidence is necessary to close the case — a tactic that keeps the public from accessing the crash investigation report, which would shed light on what happened, according to experts.
“You don’t make a determination and then say it’s ongoing,” said attorney Adam White, who represents injured cyclists and pedestrians.” …
But an NYPD rep said police determined that the driver didn’t know he hit the cyclist, claiming it’s impossible to convict him of a crime he had no idea he committed, especially since he was operating a massive garbage truck.