Some Deaths Are More Equal Than Others
by Michael Smith and Charles Komanoff
12-December-1997
copyright waived
Truth really is stranger than fiction. Here's an example. First,
a bit of scene-setting:
SIDEWALK BICYCLIST KILLS SIDEWALK BICYCLIST KILLED On Tuesday, Nov. 18, 68-year- On Tuesday, Dec. 2, 68-year-old old Arthur Kaye, a businessman James Costello, a retired NYC from Englewood, NJ, died when police detective and resident of he fell after being struck by a Hicksville, LI, was riding his bicycle ridden on the sidewalk bicycle on the sidewalk in by a 24-year-old immigrant man neighboring East Meadow when a who was delivering dinner from car jumped the curb and struck a take-out chicken joint on the him. Costello was killed Upper West Side of Manhattan. instantly. The driver, a 28-year- The cyclist was not charged at old woman who also lived in the time but was reportedly Hicksville, was not charged; the being sought by police after story received little attention considerable media attention and the driver is not being to the story. sought by the police.
Thus far, both stories are true. But it's in what happens
subsequently that the truth gets strange.
The story on the left was big news and stayed big for days on
radio and TV, in the tabs and The Times (in the latter alone:
four articles, a column and an editorial "Assault by Bicycle").
It generated enough words to fill a small book and led Mayor
Giuliani to announce a crackdown on all bicyclist traffic-law
violators.
The story on the right rated a grand total of five
matter-of-fact sentences in one paper -- Newsday.
On the left below is a Nov. 20 column by Andrea Peyser of the NY
Post, printed verbatim. On the right is how the same column
might appear in some parallel universe, where Peyser or the Post
had a grain of sense or a shred of decency, or where people were
capable of recognizing what's really killing them.
COPS MUST SWEEP SPROCKET COPS MUST SWEEP MOTOR
ROCKETS OFF OUR SIDEWALKS MURDERERS OFF OUR STREETS
By Andrea Peyser By Andrea Peyser
THERE is nothing to mark THERE is nothing to mark
this tiny splotch of this tiny splotch of
sidewalk on West 77th sidewalk in East Meadow,
Street. No marker. No sign. Long Island. No marker. No
Not so much as an errant sign. Not so much as an
scrap of police tape. errant scrap of police
tape.
But it was here, a quick
sprint from the imposing But it was here, in safe,
Museum of Natural History - middle-class semi-suburbia
a ball toss from the - after a working life
falling leaves of Central spent on the streets of New
Park - that a man was York City - that a retired
killed by an assassin on New York cop was killed by
two wheels. an assassin on four wheels.
And all the residents of And all the residents of
this city suffered a this region suffered a
collective body blow collective body blow
against our improving sense against our improving sense
of safety. of safety.
The bicycle menace must be The car menace must be
stopped. By any means stopped. By any means
necessary. necessary.
On Tuesday night, after a On Tuesday afternoon, after
quiet dinner out, Arthur a quiet lunch, James
Kaye of New Jersey stepped Costello rode quietly down
onto the pavement at 77th the sidewalk along
Street. He never saw what Newbridge Road. He never
was coming. saw what was coming.
In a split second, Kaye, at In a split second,
age 68, wandered into the Costello, 68, rolled into
spot where a daily assault one of the spots where a
on the city's quality-of- daily assault on the
life turned instantaneously region's quality-of-life
into a deadly crime against turns almost daily into
humanity. deadly crimes against
humanity.
At that moment, police say,
Eduardo Delossantos, 24, a At that moment, police say,
deliveryman for Chirping Kathleen Nolen, 28,
Chicken, aimed his bicycle occupation and errand not
toward the exact point of described, aimed her car
sidewalk where Kaye was toward the exact point of
stepping. sidewalk where Costello was
riding.
And in the process,
Delossantos became the And in the process, Nolen
human equivalent of a stray became the human equivalent
bullet - allegedly hitting of a stray artillery shell
Kaye with such unexpected - smashing into Costello
fury, the man's head with such unexpected fury,
smashed into the pavement. that the man was crushed
Then struck it again. flat and killed instantly.
Arthur Kaye, successful James Costello, public
manufacturer, chemical servant, good citizen,
engineer and family man, retiree, family man and
died an hour later at St. cyclist, was pronounced
Luke's Hospital. dead at the scene.
Delossantos received a Nolen received no ticket,
ticket from police for for anything, from the
biking without police. And she drove off
identification. And rode into the monoxide-brown
off into the night. afternoon.
This is where this tragic This is where this tragic
tale becomes a regular tale becomes a regular
horror show. horror show.
Had Delossantos fired a Had Nolen fired a rifle
rifle along the sidewalk, along the sidewalk, chances
chances are he would be in are she would be in
custody. Had he veered a custody. Had she veered a
car onto the pavement, bicycle onto the pavement,
they'd pick him up. they'd confiscate her bike.
Instead, in what one source Instead, in what police
admitted was probably "a sources acknowledge is
screwup," the cop who policy, Costello's death is
arrived at the scene of shrugged off as an
Tuesday night's accident accident. Nolen wasn't
allowed Delossantos to charged with a crime, or
leave with a summons. For even ticketed -- and won't
failing to carry proper ID. be, police say.
Next morning - big Next morning -- big
surprise! - Delossantos surprise! -- Nolen didn't
failed to show up for work fail to show up as usual at
at Chirping Chicken. her job.
Now the NYPD is looking for The police, after all,
him - and "also looking aren't looking for her -
into the possibility of and certainly not "looking
charging him criminally," into the possibility of
said Lenny Alcivar, charging her criminally,"
director of press as all police sources
operations. flatly state.
In the meantime, In the meantime, Nolen's
Delossantos' brothers in brothers and sisters in
lawlessness are back on the mayhem are out on the
sidewalk in force. streets as usual.
Barely 12 hours after this Barely a minute after this
outrage was committed outrage was committed
against Mr. Kaye and his against Mr. Costello and
loved ones, bikers could be his loved ones, drivers
seen mindlessly zapping were mindlessly zapping
along the Upper West Side along Newbridge Road in
on their bullets with their bombs on wheels.
spokes. Some rode within Within hours, thousands
inches of the spot where drove unheedingly past the
Arthur Kaye died. spot where Costello died.
Across the street from Down the block from where
Scaletta's restaurant, Costello was killed,
where Kaye was killed, schoolkids were trying to
schoolkids lined up, make it through the
double-file, to enter the crosswalk. Just then, a
museum. Just then, a man driver whipped around the
whirred by on the sidewalk, corner, mere inches from
mere feet from the the children, scattering
children. them.
"Get off the sidewalk," I "Yield to pedestrians," I
tried to tell him. But he tried to tell him. But he
couldn't hear me. The music couldn't hear me. The music
in his headphones was way on his car stereo was way
too loud. too loud.
Things were worse on nearby Things were worse on nearby
Columbus Avenue. As one Seventh Street. As one
deliveryman pedaled yuppie in a Range Rover
perilously in their hurtled in their direction
direction, I saw a young while jabbering on his cell
woman and her mother, phone, I saw a young woman
pushing a baby carriage, and her mother, pushing a
scamper out of the demon's baby carriage, scamper out
path. of the demon's path.
"It's OK, no harm," the "It's OK, no harm," the
younger woman said in a younger woman said in a
thick German accent. thick German accent.
Others, though, were Others, though, were
incensed. incensed.
"Sometimes I think the "Christ, it wouldn't help
pedestrian needs to wear even if pedestrians wore
all that gear the all that gear the
Rollerbladers use," Norman Rollerbladers use," Howard
"The Doorman" Robberstad "The Valet" Ribblefarb
told me ruefully. told me ruefully.
When did walking on a When did cycling on a
sidewalk - amid some of the sidewalk - amid some of the
priciest real-estate in the priciest real-estate in the
nation - become such an nation - become such a
obstacle course? slaughterhouse?
And when will it end? And when will it end?
The last two Sundays, I've The last two Sundays, I've
written about the explosion written about the explosion
of this city's outlaw of this region's outlaw
cyclists, and the NYPD's drivers, and the NYPD's
efforts to curb them. complete lack of concern.
The police department Here's my dream: The police
recently assigned 10 cops department assigns 10 cops
to a special bike-riding to a special bike-riding
force, mandated to catch up force, mandated to catch up
with the legions of bikers with the legions of drivers
who run red lights and who terrorize pedestrians
otherwise terrorize out of crosswalks and
pedestrians. cyclists off the road.
Things seemed to be looking Things will be looking up
up when, last week, I when -- someday -- I see
observed 12 cops pulling cops pulling over dozens of
over dozens of law-breakers lawbreakers along Sixth
along Sixth Avenue in Avenue in Midtown - handing
Midtown - handing out out summonses of up to $125
summonses of up to $125 to to creeps in two-ton
creeps in Spandex. assault vehicles.
But apparently, news of the But the car war must start
bike war hasn't trickled with the pols and then
down to everyone. trickle down to the cops.
City Councilman Andrew Maybe City Councilman
Eristoff, who helped push Andrew Eristoff, who pushed
through the law making a sidewalk biking law, will
sidewalk biking illegal - embrace the idea of curbing
the law so many bikers the truly dangerous
flout on a daily basis - lawbreakers, who kill 250
has an idea. peds a year in NYC.
"I'm going to seek And "seek legislation to
legislation to make make business owners liable
business owners liable for for the actions of its
the actions of its employees," as he boasts of
employees," Eristoff told doing against sidewalk
me. cyclists.
So if a Chirping Chicken So if a Lehman Brothers
deliveryman on a bike mows bond trader in a Jag mows
down a pedestrian, Chirping down a pedestrian, Lehman
Chicken would have to pay. Brothers would have to pay.
It might be an effective It might be an effective
weapon in the war being weapon in the war on
waged on pedestrians. pedestrians and cyclists.
How many more have to lose How many more have to lose
their lives, their limbs, their lives, their limbs,
or their sanity before or their sanity before
these guys are stopped? these guys are stopped?
* * *
Wouldn't it be a howl if some gifted hacker should turn his
skills to good use and put the right-hand column on the Post's
site? But of course that would be very, very wrong.
-- Michael Smith
Charlie Komanoff
P.S. -- Just as we were posting this, we saw the following in
today's (Fri. Dec. 12, 1997) NY Times (Metro, B6, printed verbatim).
We wish we were kidding. We're not.
FATHER, ON SLEDDING TRIP, IS KILLED BY VEHICLE
Norwalk -- When the first significant snow of the season fell on
Wednesday, Felipe Restrepo went to take his 3-year-old sledding.
They never made it. Mr. Restrepo, 40, was killed after having
pushed his son Louis out of the path of a careering vehicle.
"Tears came to my eyes when I heard the dad saved his son, and
then the daddy died," said Virginia Arena, who lives one house
down the hill from the Restrepos.
Louis received minor injuries, apparently from being pushed by
his father, said Sgt. John Cashin.
Police officials said a Pathfinder struck Mr. Restrepo after
the driver lost control as she tried to negotiate a sharp curve
on a hill on Aiken Street. As it headed down the hill, the
vehicle mounted the sidewalk and hit Mr. Restrepo, who was on
the sidewalk with his son, the police said.
The accident occurred at 5:40 P.M., after an inch or more of
snow had fallen. Sergeant Cashin said that the hill, along with
the slick road, made driving treacherous and that the police
were investigating whether speed played a role in the accident
[the article actually says that! -- C.K., M.S.]
The driver, a 31-year-old from Norwalk who was not identified,
was not injured, and no charges were filed against her.
Andrea Peyser, presumably, will not be cranking up her
hysterical rhetoric mill on Mr. Restrepo's behalf. nor will the
good gray Times shake its reverend head in decent sorrow and
express its concern. Politicians will not be emitting clouds of
invective about diabolical suburban women in SUVs. Mr. Restrepo's
killer, as usual, will be back at the helm of her kick-ass
"empowering" vehicle as soon as the dents have been hammered out.
Perhaps in the parallel universe where Andrea Peyser is sane and
decent, where politicians care about people being killed, and
where people are able to see clearly what is happening to them
-- in that other world, of which ours is a grim, shabby, and
sourly comical Bizarro -- Mr. Restrepo and his son have made
it to the hill, and spent an afternoon that they will both
recall, with quiet joy, for the rest of their untruncated
threescore and ten.
-- Mike and Charlie