Brian Boyd now faces manslaughter and criminally negligent homicide charges.
He is accused of hitting Banes with his motorized scooter on June 4 on the Upper West Side after blowing through a red light at West 64th Street and Amsterdam.
Woman hit by scooter at NYC intersection; Driver flees: Police
Surveillance video indicated the scooter drove through a red light.
Banes appeared in numerous television shows and movies, including "Gone Girl" with Ben Affleck in 2014 and "Cocktail" with Tom Cruise in 1988.
On television, she's had roles on "Nashville," "Madam Secretary," "Masters of Sex" and "NCIS."
Banes also acted on stage regularly, including Broadway appearances in the Neil Simon play "Rumors" in 1988, in the musical "High Society" in 1998 and in the Noel Coward play "Present Laughter" in 2010.
TOP NEWS | Instagrammer details explosive argument between Gabby Petito, Brian Laundrie at Wyoming restaurant
Instagrammer details explosive argument between Petito, Laundrie
Banes was in New York to perform in a virtual adaptation of Eleanor Burgess' The Niceties, presented by Manhattan Theatre Club, where she was part of the play's traditionally staged production from 2018 to 2019.
The Associated Press contributed to this report.
----------
* Get Eyewitness News Delivered
* More Manhattan news
* Send us a news tip
* Download the abc7NY app for breaking news alerts
* Follow us on YouTube
Submit a News Tip