COURT OBSERVATION: Unequal treatment in case of aggression in road traffic: Defendant faces 10 years in prison, while aggressive Mercedes driver receives suspended sentence

By Eddy Zhang

NEW YORK, NY – During an arraignment Monday in New York County Supreme Criminal Court, the defendant faced up to 10 years in prison for allegedly attacking another driver in a car crash.

However, the other driver, who allegedly initiated the chase and eventually drove his car into the defendant’s vehicle, received a three-year suspended prison sentence.

Defense attorney Lawrence M. Fisher argued that the verdict did not take into account the defendant’s perspective and that his client was a victim fleeing for his life until the attack.

The defendant pleaded not guilty to the charge of attempted second-degree murder and the related charge of assault with intent to inflict great bodily harm with a weapon.

The assistant district attorney described the incident as beginning in the Manhattan-bound lanes of the Queensboro Bridge when the defendant, driving a yellow Dodge Ram, accidentally struck the side mirror of a black Mercedes.

The incident, which initially appeared to be minor damage to the vehicle, quickly escalated when the driver of the Mercedes subsequently rammed his car into the defendant’s car.

According to the ADA, the Mercedes pursued the defendant as he began to flee and attempted to cut him off. The chase continued across the Queensboro Bridge into Manhattan as each driver attempted to cut the other off.

Eventually, the Mercedes drove into the yellow Dodge again, causing the defendant to spiral into a telephone pole on East 62nd Street, according to court documents.

The ADA alleged that after the accident, the defendant called 911, then walked to the Mercedes and stabbed the driver multiple times in the face, upper body and calf.

After the police intervened and arrested the accused, the Mercedes driver was taken to hospital where he was treated and later released.

The ADA recommended that the defendant be sentenced to ten years in prison and asked the court to increase bail to $100,000, citing a previous assault case in 2014 in which the defendant was described as a “violent felon.”

Defense attorney Fisher responded that there was no reason to increase bail because the defendant had attended all previous court hearings and was always appropriately dressed.

The defense asked the court to take into account that his client was not aware of the damage he had caused in the first moments of the incident.

When the driver of the Mercedes crashed into the defendant’s car, it looked to the defendant as if the Mercedes driver was trying to kill him for no apparent reason, said defense attorney Fisher.

Fisher added that the Mercedes driver also endangered the lives of civilians during the attempt by driving on the opposite lane and ignoring traffic laws.

Attorney Fisher argued that his client had done nothing wrong until the knife attack, as the subsequent chase was an attempt by the defendant to flee for his life.

The defense pointed out that the defendant’s attack could be justified as a legitimate emotional reaction to the life-threatening actions of the Mercedes driver.

At the end of his testimony, defense attorney Fisher said the ADA charged the Mercedes driver with attempted assault and imposed a three-year suspended sentence without attempting to hear and consider the defendant’s account.

Judge Curtis J. Farber told the ADA that he was surprised that the prosecution resolved the case in this manner and said that the Mercedes driver’s conviction did not take into account the damage caused by the driver, the endangerment of human life and the injuries to bystanders.

The judge refused to increase the defendant’s bail.