A British tourist, Sian Green, was walking with friend Keshia Warren at the time and lost her leg in the accident.
Green's lawyer issued a statement saying he had been informed by the assistant district attorney investigating the case that the City of New York will not press criminal charges against Faysal Himon. The DA indicated that the failure to charge was due to lack of evidence regarding the taxi cab driver's intent during the investigation phase.
The Manhattan District Attorney's Office issued the following statement in relation to the decision:
"Following a thorough, two-month-long investigation by the District Attorney's Office and the NYPD, we have concluded that criminal charges cannot be filed in this case. In making this determination, prosecutors who are specially trained in vehicular crimes reviewed all available evidence and took into consideration relevant sections of the State's Vehicle and Traffic Laws. They conducted interviews with multiple eyewitnesses, the taxi driver, the bicyclist, and injured parties, reviewed all available video surveillance, listened to numerous 911 calls, and retrieved the taxi's 'black box' data. We are sensitive to the trauma faced by Ms. Green and others injured in vehicular crashes, and notified the attorneys and representatives for all parties last week of this decision."
Daniel Marchese, of the The Marchese Law Firm, says the Green Family is shocked and disappointed by the news.
He says Sian continues to improve both physically and mentally since her return to the United Kingdom, and while she is incredibly dismayed by this decision, she is not letting it affect her positive spirit, unbelievable strength and incredible poise.
Marchese reiterated that he does not believe the incident was an accident, but rather a negligent act of calculated recklessness, and vowed that his firm will continue to aggressively pursue legal action.
The incident began with an argument between Himon and a bike messenger near Rockefeller Plaza.
Fernando Mateo and the New York State Federation of Taxi Drivers released the following statement:
"Today, it was announced the Manhattan District Attorney's office would not press charges against taxi driver Faysal Kabir Mohammad Himon, who was involved in the tragic accident in Rockefeller Center earlier this year that resulted in British tourist Sian Green losing her foot.
"We are very pleased that the District Attorney recognizes Mr. Himon's innocence, and our thoughts and prayers remain with Ms. Green and her family as she continues to recover from her injuries.
"The New York State Federation of Taxi Drivers has said from the very beginning that this was a terrible and horrific accident that did not have to happen. We urge the City to look into our proposal to regulate cyclists, like the one who was ultimately responsible in this incident. All cyclists who are operating as commercial riders should be registered with the City and carry some sort of permit that can be revoked if they do not comply with common sense safety measures.
"We will continue to support Mr. Himon as he moves forward from this and are willing to work with the City to make sure this tragedy does not happen to someone else."
