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.
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.
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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.
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