Maxim Vickers - Former NYCC Member

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We learned this evening that Maxim Vickers was killed on Monday, November 29, by a hit-and-run driver while cycling in Old Westbury. Maxim was very active with the NYCC in the '80s and early '90s, less so in the last ten years or more. Back then, he rode frequently with the 'A' riders, and was a regular at NYCC meetings and social events. In recent years, he preferred to ride alone.

Services will be held at 11:00 am on Sunday, December 5th, at Mt. Carmel Cemetery, 80-45 Cypress Hill St. in Glendale or Ridgewood, Queens. Meet at the office at the top of the hill for a graveside service. For more information, Daniel Vickers is at Maxim's home in Astoria at 718.728.7179 or Daniel's cell phone is 415.307.6603.

Daniel called us this evening with the news. See a N.Y. Newsday article at http://www.newsday.com/long-island/nassau/hit-run-in-old-westbury-kills-...

--- Chris Mailing and Arlene Brimer
(Chris was NYCC President in 1983 & 1984 and is a Life Member)

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Car-nage takes a third NYCCer

Unless you're a subscriber or pay $5, you can access only the first few lines. Will someone with access to Newsday please put the full article here.

This is the third club member, or in this case, former member, to be killed by a hit-and-run driver in the ca. 28 years I've been a member. Steve Schuetze, Stan Oldak, and now Maxim.

What conclusions are to be drawn here? I don't know the circumstances of Max's killing; in the others there was no one else around. Conclusion: Man is a nasty, cruel, amoral, irresponsible, uncaring animal so long as his actions are not witnessed. Bob Schmon put on our message board, in the thread about the new message board having fewer anonymous posts than the old one, a quote from a Times op-ed about anonymity on the Internet: "Morality, Plato argues, comes from full disclosure; without accountability for our actions we would all behave unjustly."

If this car-nage enrages you, what are you prepared to do constructively? What do you do? What will you do?

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This is the third club

This is the third club member, or in this case, former member, to be killed by a hit-and-run driver in the ca. 28 years I've been a member. Steve Schuetze, Stan Oldak, and now Maxim.

Richard,

Thanks for posting this info. I used to ride with Maxim on A rides. He was a fun person to ride with.

I really wish we could post images on this forum. I'd like to see his face again.

NYCC Oldtmer

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Maxim

Hi Chris and Arlene

So sorry to hear this. George Kaplan and I were just discussing old time members and I mentioned Maxim, I have the bulletins from Sept.1978 to 2006, Maxim was a member way back then. Saw him recently riding on Hudson Terrace.

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Newsday article

An avid cyclist, Maxim Vickers had bicycled across Europe: Latvia. England. Italy. He twice completed the Paris-Brest, the grueling roughly 750-mile, three-day bike race.

And on Monday afternoon, he was bicycling in Old Westbury when a suspected hit-and-run driver struck him, fatally injuring the 59-year-old Astoria man.

Although Vickers, a mechanical engineer, lived alone in the city, the death has devastated the Queens family from whom he'd rented their upstairs for 28 years: his landlords, the Mendoros family, considered him a part of theirs.

"It's not going to be easy to face every holiday knowing there's one person missing from the table," said Anna Mendoros-Rodriguez, 34, disconsolate over the sudden death of a man who watched her and her siblings grow up.

The crash happened Monday at Store Hill Road and Powells Lane in Old Westbury at about 11:10 a.m., when the driver of a 1998 Toyota Camry struck Vickers on his bicycle and knocked him to the ground, court records show.

Vickers was rushed to Nassau University Medical Center in East Meadow where he was pronounced dead at 6:12 p.m.

Police said they tracked down the car and the suspected driver, 20-year-old Plainview college student Priya Nanda, in the parking lot of a Jericho Staples store shortly after the incident.

A mirror fragment that broke off the car during the collision helped police conclude that Nanda's car was the one that hit Vickers, Nassau police spokesman Det. Vincent Garcia said Thursday.

According to court records, Nanda told police about 48 minutes after the crash that "the guy on the bike . . . tried to cut me off," that she hit him, and that "I was nervous and kept driving.""

She's charged with felony leaving the scene of a deadly accident. She was arraigned Tuesday at First District Court in Hempstead, and is free on $10,000 bond or $5,000 cash bail and due back in court Jan. 7.

Nanda's defense attorney, Oscar Michelen of Mineola, called the crash a tragedy and said she didn't intend to evade responsibility.

Vickers' funeral will be Sunday in Queens.

His younger brother, Daniel Vickers, 51, of San Rafael, Calif., fondly recalled their adventure biking Europe together in 1976: Normandy, Brittany, England, Wales, and into Scotland.

"I miss him a great deal," he said.

Vickers was Jewish, but he'd always join the Greek-Orthodox Mendoros family at meals to celebrate their traditions - Easter and Christmas included.

On Tuesday night, his landlady, Antonia Mendoros, 61, stood over their dining room table where the family had hosted Vickers last week for Thanksgiving. She held his chair where he sat at the head of the table. "He was family." she said. "He was family."

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location

Store Hill Road is the service road of the LIE. Powell's lane is just east of Post Road.

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Maxim Vickers . . . . He was

Maxim Vickers . . . .
He was an eccentric guy, quirky, a bit "off center", and most of all a friend.
Jody and I will miss him.
Goodbye Maxim, rest in peace.

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We cyclists are responsible for our own killings.

Camille Savoy, aged 54, was killed from behind on 9W in November, 2008 by Wha S. Kim, aged 72. Savoy, an experienced cyclist, suddenly swerved in front of Kim (who reportedly had a bad driving record). How do we know? She said so. And so she was acquitted in an Alpine, NJ court notwithstanding a police accident reconstruction expert testifying she was driving one and a half feet inside the shoulder.

Jerome Allen, a 58 year old bank examiner, was killed while cycling in Staten Island in April, 2005. He was killed by Anthony Tasso, Jr., aged 23, who was driving his uncle's SUV on a suspended license. Allen was riding next to Tasso when he suddenly swerved in front of him. How do we know? Tasso said so. He was not charged.

Dr. Rachel Fruchter, Ph. D., aged 57, a graduate of Oxford and Rockefeller Univ., a biochemist, a professor of obstetrics, and a researcher into gynecological cancer and the epidemiology of cancer, was cycling in Prospect Park iin July, 1997 when she was struck from behind and killed by a van driver driving well over the speed limit, as police reconstructed the scene. He was not permitted to be on the park road as he was. He was ticketed...for equipment failure.

And now we have Maxim Vickers, aged 57, a civil engineer and experienced cyclist, killed while riding in Old Wesbury by hit-and-run driver Priya Nanda, aged 20. She explained, quoting Newsday, "The guy on the bike...tried to cut me off." Fair enough, lady. Cyclist tries to cut you off, you go ahead and kill 'im. That'll teach 'im; that'll teach 'im good.

I predict if there is a trial we'll hear Maxim caused his own death because he was riding without a helmet. (I don't know that he didn't have one on when hit, but I never saw him riding with one.) I pause for the sake of irony to note Nanda's attorney is named Michelen.

Anyhow, dear cycling buds, this is what you must understand about yourselves and your kind. You--we--are all stupid. We are so stupid we think nothing of swerving in front of a car that is far heavier and faster than we are. At least that is the truth that emerges from so many self-inflicted deaths of our fellow riders. Do you doubt me? Just read the police reports and , in those rare instances where there are trials, the outcome of them. Turns out dead people don't make good witnesses, possibly because their testimony is just so darn hard to hear.

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Well Said

I fully agree. It is incredibly tragic to lose a fellow cyclist. It is even more tragic that justice is not done.

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Maxim

Some of you may remember Maxim's annual Latvian Independence Day rides, in the 80's. One of my lasting Maxim memories: drafting him on his magnificent, new, red/white Mercier in the early 90's. A group of us were cruising home from Minnewaska on Rte 44/55. Maxim's wheel was THE steadiest. Never felt so comfortable on anyone's wheel, before or since.
He was riding that bike (matching fenders and all!) when I last saw him, Memorial Day weekend in the Berkshires. He was heading to VT via Rte 41; Carol Waaser and I were headed the opposite direction. We stopped to chat. As always, I admired his Mercier. That steel bike remains THE most beautiful bike in the NYCC, as far as I'm concerned. Maxim upheld many kinder/gentler European cycling traditions. We've all lost a lot with his passing.

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Max .

What tragic news. Us "old timers" do certainly remember Max .. My thoughts and prayers are w/ him had his family .

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Maxim

When I first joined NYCC in the early 1980s, Maxim was incredibly helpful and encouraging as I trained for my first Montauk ride on my $50 bike.

Maxim was a member of the trip Steve and I organized in Germany, from Frankfurt to Munich, sometime in the early 1990s, I think. He enjoyed the food and, in each town, their particular beer. There was one member of the group who was always riding off in the wrong direction, and Maxim would somehow get him going straight, until one time the guy rode off too far and the police brought him to our hotel at 2:00am.

Maxim was an alumni of the High School of Music and Art (now Fiorello LaGuardia at 65th/Amsterdam), something I discovered when I ran into him at a reunion.

A consummate cyclist, a steady wheel, and a gentleman.

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Rest In Peace, Max

Did a tour in the Alps with Max in1985 and enjoyed our chats as we passed each other occasionally on the L.I.E. Serivce Road in the years since. I ride the Service Road constantly and his section is blessed with quite a wide shoulder. It will take some imagination to sell the story that cyclist could "cut off" a motorist along here.
RIP, my friend.

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Maxim Vickers

I first met Max when we worked together back in the early 1980's. I was a semi novice cyclist and Max encouraged me and helped me improve and convinced me that I could do long rides. I learned of the NYCC from him and rode with the A group until I moved out to Long Island. After that, even though Max stopped doing club rides we would get together often and do a loop around the North Shore and stop to eat at Diane's Bakery in Roslyn or the Bagelmaster in Syosset. He always thought it was special treat if Diane's would have Walnut Sour Cream Muffins. (They only had them during the week. I suspect he was probably planning to end up there on Monday.) During these breaks, he would make me jealous by showing me pictures of his latest cycling vacation through Europe. He was funny. His own bikes were 70's, 80's vintage. He used to bring his own bikes for these European tours but eventually it got too difficult, so he would use the ones the tour group provided. He tried to get bikes with the old fashioned friction shifters, but eventually he had to break down and use modern technology. I don't think he ever quite got the knack of index shifting, or for that matter, any type of modern technology. (Even on these tours, he preferred to ride alone. He would usually have breakfast with the group, go off on his own and meet up with them at the next stop. )

I just moved back to NYC and we were trying to get together to do a ride in another direction, probably up to Rockland County when I heard the news. Max was odd and quirky. It would be frustrating sometimes riding with him in recent years because he had eagle eyes and would stop to pick up every quarter he saw on in the road or to taste any wild berries that he spotted in the bushes. He was a good friend and I will miss him.

Howard Spergel
(NYCC member circa 1981 - 1987)

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Max

Got the sad news about Max yesterday.
Max was one of the greats to ride with and spend time with when I was active in the club in the early 1980's.
Brilliant, multi-dimensional, interesting.
A skilled and steady rider.
Could ride very far.
My condolences to all.
Life's not fair.

Josh Keller

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The ugly, ugly story contnues...

Remember Priya Nanda, who killed Maxim, told the police HE tried to cut HER off? I just read this in a later report:

"Police said the accident took place at 11:10 a.m. on eastbound Store Hill Road as the cyclist traveled in the right lane. Nanda, driving a 1998 Toyota, struck the cyclist as she tried to pass him on the left, police said."

...

"Nanda's defense attorney, Oscar Michelen of Mineola, said she notified a police officer soon after the crash and was not attempting to avoid responsibility."

(Yeah, right; what you want to do to acquit your responsibility after hitting someone and killing him is immediately drive to a shopping mall and pick up a few things at Staples. Well, OK, she reportedly did that and was arrested in the Staples parking lot. A report said with a few purchases; other reports didn't refer to that. And don't you think that just maybe she had a cell phone on her--I trust those records will be subpoenaed to see if she was talking or texting at the time she killed Maxim--and I'm just thinking that maybe that cell phone has the numbers 9 and 1. Oh, wait, her attorney says she notified the police. Some forty mniutes later which, Mr. Michelen, I don't define as "soon," as you do. But let's see if it comes out that she did call the police. So far the indication is they were able to track her down. No reason for the police to adduce the broken mirror as identifying the car that hit Maxim if she volunteered she hit him.)

Anyhow, she has plead not guilty to leaving the scene of a fatal accident. Boy, do I ever see this defense coming: "Hey, your honor, and ladies and gentlement of the jury: Who's to say the poor schmuck wasn't still alive when I took off? Right? So I can't be charged with leaving the scene of a fatal accident if he still had a breadth of life in 'im."

Here is the best comment from those commenting online at the online arm of a TV station in the area: http://www.facebook.com/News12LI/posts/169156203116661

Avi Gringuz: Oh stop all of you seriously! the Lady propably got super scared and took off thinking that she might have killed someone. Besides most people on bicycles never obey the rules of the road he probably jumped out in fornt of her. People that do alot worse then her get away with the crime why should she be crucified b/c of a mistake she made. Please lets not forget news 12 is the worst news station in all of NY

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Avi Gringuz: Oh stop all of

Avi Gringuz: Oh stop all of you seriously! the Lady propably got super scared and took off thinking that she might have killed someone. Besides most people on bicycles never obey the rules of the road he probably jumped out in fornt of her. People that do alot worse then her get away with the crime why should she be crucified b/c of a mistake she made. Please lets not forget news 12 is the worst news station in all of NY

Avi Gringuz should be ashamed of himself. What arrogance.

Listen to Rob Roll:

http://www.versus.com/cycling/videos/bobs-beef-cyclists-being-killed-mus...

NYC Oldtimer

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Maxim Vickers

I learned of Maxim's untimely passing last Sunday morning. Here is a note I emailed:

This morning I was sadly shocked to learn of the untimely passing of long time cycling mentor Maxim Vickers. The tragic result of a hit and run in Old Westbury.

Maxim was a consumate cyclist who only occasionally owned a car. I met him early in my serious cycling life and we shared many miles and conversations together.
He was the one who suggested we ride the Raid Pyreneen, which we did in 1985 with important assistance from my wife Valerie and sister in law Jennifer. His highly developed skill at planning times and distances on the bicycle resulted in our finishing within an hour or so of plan. Unfortunately I've no pictures at hand of this wonderful adventure. A superb video resides in my mind.
He was an early member of my RAAM crew and we were planning on riding the 1991 Paris - Brest - Paris. While he was unable to attend, I successfully completed it largely following the planning he had done.
He visited me and my family in Colorado a number of times and we enjoyed riding together there.

Subsequent to my move to California our contact became sporadic as too often happens.
However, he has often been in my thoughts when I am riding and will so continue.

In addition to being seminal in my cycling experience, he also enjoyed being a "Dutch Uncle" to my three girls. they were always glad to see him.

He will be missed but not forgotten by all of us.

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I spoke w/ then wrote the case prosecutor. Here's his note to me

Mr. Rosenthal:

Thank you very much for your email and your concern with the death of Mr. Vickers. I have read all of the posts on the message board. They were very helpful in allowing me to get a better grasp of the type of person Mr. Vickers was. I will be sure to inform the Judge of the concerns of you and your organization when it comes time to render a sentence. You will be pleased to learn that we have ordered the defendant’s cell phone records and we are still investigating the case. The next scheduled court date is January 7, 2011. Please feel free to contact me at any time and I will do my best to keep you apprised of the ongoing investigation. Thank you again.

Gerard McCloskey
Assistant District Attorney
Nassau County District Attorney’s Office
Vehicular Crimes Bureau
(516) 571-3698

From: [email protected] [mailto:[email protected]]
Sent: Wednesday, December 08, 2010 12:32 PM
To: Gerard McCloskey
Subject: The prosecution of Pryia Nanda, the driver who killed Maxim Vickers.

December 8, 2010

Mr. Gerard McCloskey
Assistant District Attorney
Nassau County
(516) 571-6968

Dear Mr. McCloskey:

Thank you for taking my call a few moments ago and, in particular, for inviting me to stay in touch with you regarding the case against Priya Nanda, the driver who killed Maxim Vickers as he was cycling in Old Westbury.

May I refer you to a thread on the message board of the New York Cycling Club that contains remembrances of and comments about Maxim, a former member of the club. It's clear to those of us who rode with Maxim that he was a highly responsible cyclist and, in his upper 50s, was certainly a mature one, too. http://www.nycc.org/node/48741

I direct your attention within that page to one of my notes on that thread in which I name cyclists killed by drivers who were not even prosecuted, or sufficiently charged, or, astonishingly, acquitted. I have a, sadly, longer list of such area killings and will presume to send it to you later.

One of the notes refers to a brief video by Bob Roll, who is a commentator for the Tour de France, that is worth listening to: http://www.versus.com/cycling/videos/bobs-beef-cyclists-being-killed-mus....

Also later I will write you in order to refer you to a name of a former outstanding racer, now an attorney who is a vast warehouse of information about insufficiently charged or prosecuted instances of drivers who killed cyclists.

I implore you, as a (71 year old and responsible) cyclist who has had acquaintances killed by drivers while riding to prosecute this case to the full extent of the law.

(You will, I'm sure, subpoena her cell phone records to learn whether she may have been speaking on it or texting while driving--although the exact minute of collision may not be established and therefore denies certainty of my wonder and speculation.)

Sincerely,

RICHARD ROSENTHAL

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Richard

Thanks for pursuing this. Hopefully the outcome will not be the same miscarriage of justice as in the Camille Savoy case.

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Well done Richard, I sure

Well done Richard, I sure hope justice does not let us down. Rest in peace Maxim

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The killer-driver's lawyer is connected.

A story from the Times online this afternoon (don't bother reading it but it's at: http://cityroom.blogs.nytimes.com/2010/12/13/paterson-aide-involved-in-d...) reports Oscar Michelen is representing David Johnson, Gov. Paterson's fired aide. This is worthy of note only to the extent it informs us the 20/21 year old driver who killed Maxim, Priya Nanda, has retained a lawyer with connections.

For those interested in the cycling-centric attorney I earlier referred to who has recorded a warehouse of such killings nationwide, that is the former Olympic cyclist, Bob Mionkse. Read his recent article about hit-and-run against cyclists that speaks of the killing of Bobby Bowen, the Hofstra professor, while cycling: http://www.bicyclelaw.com/road-rights/a.cfm/road-rights-hit-and-run

I also sent to the ADA, the name of bike accident reconstruction expert (and author of books on cycling and former cycling magazine editor--and long ago club meeting speaker) John Schubert.

I found a story of a Louisville cop ridng his bike off-duty who was killed by a driver. I would like to learn the outcome of that investigation, trial, if any, and punishment, if any. And no, dear detractors, I am not suggesting this case would have been handled any differently than that against Maxim's killer.

Lastly, although I think the following incident was linked in another thread, brood on this. I omit the citation because of its political coloring. The facts were reported elsewhere, in non-political columns. I've somewhat abridged this for space and to remove political tilt.

"A Different Legal System for the Rich: Imagine Getting Off Easy for Hit-and-Run Because You Run a Hedge Fund"
By Joshua Holland

Recently, a modest crime that made big headlines provided an eye-opening anecdote. In July, Dr. Steven Milo, a surgeon, was riding his bicycle on a Colorado road when he was struck from behind by a Mercedes. According to the Vail Daily, Milo "suffered spinal cord injuries, bleeding from his brain and damage to his knee and scapula," causing "disabling spinal headaches" and requiring "multiple surgeries for a herniated disc and plastic surgery to fix the scars he suffered in the accident." His attorney said Milo "will have lifetime pain."

The driver of the Mercedes took off, stopping later not to call for help for Milo, left bleeding at the scene, but for service for his damaged luxury sedan. In Milo's words, the man "fled and left me for dead on the highway," a serious felony.

Or it would be if you or I had committed the offense. But the driver that day was 52-year-old Martin Joel Erzinger, a Morgan Stanley Smith Barney money manager who oversees more than a billion in assets for "ultra high net worth individuals, their families and foundations." District Attorney Mark Hurlbert was apparently concerned with Erzinger's future -- SEC rules would have required him to disclose the felony within 30 days of being convicted, which might have cost him his job -- and decided to accept a misdemeanor plea, over the objections of Milo and his attorneys. "Felony convictions have some pretty serious job implications for someone in Mr. Erzinger's profession," Hurlbert said, "and that entered into [the decision]."

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"All animals are equal, but

"All animals are equal, but some animals are more equal than others."

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A good letter from the prosecutor in the case of Maxim's killer

Dear Mr. Rosenthal:

Thank you again for your concern with regard to the Priya Nanda case. Since speaking with you last I have been in contact with Mr. Vickers brother and sister in law numerous times both in person and over the phone. I have discussed with them their feelings as to what they feel an appropriate sentence may be as well as the type of rider Maxim was. Maxim’s brother also gave me another copy of the thread you sent me, as well as accounts from numerous other people who new Maxim.

At this point we are still in the investigation phase of the case. As you are aware Ms. Nanda is currently charged with Leaving the Scene of an Accident with a Death, however we are still exploring the possibility of other charges. We have not decided on a sentence recommendation for Ms. Nanda as of yet as we are still waiting for responses to subpoenas that we sent out. I can however, tell you that we will absolutely be holding Ms. Nanda to the Felony Charge of Leaving the Scene of an Incident with a Death, the top count at this point. I assure you that my Office takes cases of this nature very seriously and I will personally devote as much of my time as is necessary to ensure that justice is done for Mr. Vickers and his family. I currently have my Bureau’s Investigator as well as a highly experienced Homicide Detective with training and a background in accident reconstruction working the case. They have been working tirelessly to ensure that we obtain every bit of evidence that may be helpful to our case.

Ms. Nanda is next scheduled to be in court on January 7, 2011. That date is merely for a conference between the parties and the judge. I do not anticipate anything substantial taking place on that date because as I said we are still investigating the incident. Please fell free to keep in touch and I will update you as to the status of our case. Thanks again and Happy Holidays.

Gerard McCloskey
Assistant District Attorney
Nassau County District Attorney’s Office

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Maxim

Call me cynical, but I'll be surprised if we are satisfied with the adjudication of this case.

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What's even more sad...

is that the limited public profile of a Priya Nanda on Facebook, whose info appears to match that of the perpetrator in this case, reveals that she is studying Pre-med and interns or otherwise volunteers in the Emergency Department of a hospital. You'd think that someone presumably aspiring to devote her life to saving the lives of others who are involved in exactly the same kind of trauma that she caused to Mr. Vickers, would have acted differently than she did. Sigh...

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Maxim Vickers

Hey Guys!

I have posted up a few photos of my friend Maxim Vickers with my family and friends taken during holiday events and a few personal ones with his friends. He was part of our family for the past 28 years. He will be greatly missed!

Sample photos and newspaper article are linked here.

http://s274.photobucket.com/albums/jj270/central466/Maxim%20Vickers/

Nick Mendoros

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Thank you for posting photos

Thank you for posting photos of Max. It's great to see his image after so many years.

NYCC Oldtimer

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Thank you

It's good to see our old friend again.
Jody and Christy

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In poking through old club

In poking through old club bulletins I found a number of contributions from Maxim Vickers.

The man could write.

His concerns for the club included what he called the 'vertical dismemberment' of the club through A, B and C 'loppings'.....words he wrote in 1986.

He didn't want a touring club.  He was an A rider.

Yet he was worried this manner of division equaled alienation.

This piece still seems entirely relevant, great food for thought.

Wish I'd known him.

 

 Ellen

 

(We will get the archived bulletins online)

 

 

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Max's killer due in court yesterday; nothing in newspaper today.

New York Newsday has been good about its coverage but there is nothing in today's paper regarding Pryia Nanda's scheduled appearance in court yesterday which, likely, would only have been regarding scheduling and, perhaps, charges/plea. Stay tuned.

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An update on the hit-and-kill-and-flee killer of Maxim Vickers

What a terrifically informative conversation I had yesterday with Nassau Co. assistant district attorney Gerard McCloskey, who is prosecuting the case against Pryia Nanda, the hit-and-kill-and-flee killer of Maxim Vickers. He called me in response to the note I sent him earlier yesterday, asking what transpired at the Jan. 7 appearance. It was a mere scheduling conference between the judge, the defense, and the prosecution.

It had been reported Nanda was representing herself, i.e. appearing "pro se" in court. That concerned me primarily because, if true, that suggested there may have been a reduction in charges for surely she wouldn't represent herself against a major charge.

Mr. McCloskey told me she continues to be represented by Oscar Michelen who, as I earlier wrote, has one of ex-Gov. Patterson's close associates as a client.

I mentioned Ms. Nanda, through her attorney, claimed she notified the police after hitting Maxim. Mr. McCloskey told me that is false: she did not call the police. After killing Maxim she headed for a parking lot at Staples where she met her father. Shortly after that the police pulled up and identified her car as the one that killed Maxim. All she did was acknowledge she had been driving it when the police asked. That was her so-called "notifying the police."

Ms. Nanda is being charged with a Class D felony for leaving the scene. The maximum sentence is 2 1/3 - 7 years in prison.

It is expected at the next court appearance, Jan. 26, Mr. Michelen will seek to have the charge reduced to a violation (not even a misdemeanor). Mr. McCloskey assures me he will not reduce the charge; he is adamant the charge remain a felony.

Nanda was not speaking on her cell phone or texting at the time she killed Maxim; he determined that from her cell phone records.

Mr. McClosky spoke with Maxim's brother and sister-in-law to get their thoughts about a sentence. Neither of them favored jail/prison time, not wanting to upset the life (interesting word, "life") of such a young person as Nanda.

To my pleasant surprise, Mr. McCloskey asked me when we first spoke what I thought should be Ms. Nanda's sentence. I wrote him in favor of some prison time, even if only one year or one month and re-stated it in my note to him yesterday:

Towards that end, permit me to amplify on my previous note in response to your kindly asking me what I thought might be an appropriate sentence. Let me clarify when I suggested prison (not jail), for as little as a year—or even a month—that wasn't to punish Ms. Nanda for hitting and killing Mr. Vickers. We  may assume she didn't intend that. But she DID intend to flee and she DID intend to lie when she claimed Mr. Vickers turned into her. It is for her intentional acts that punishment is required.

As I previously stated, such a punishment serves to express society's opprobrium as well as acting as a deterrent. Furthermore, absent a meaningful punishment to serve as a precedent, where is the disincentive for others to not also kill-and-flee and lie?"

Mr. McCloskey will recommend a 6-month prison sentence and five years probation during which time Ms. Nanda will not be able to have a driver's license.

If Ms. Nanda will not accept that, then the matter will be presented to a grand jury for an indictment, which would surely follow, and there will be a trial.

Mr. McCloskey remains very mindful of the interest of our bike club in this. He listens and listens very willlingly. He communicates and communicates surprisingly fully and at length. He strikes me as unwavering and, to that end, he should have our support. He has mine.

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Thanks Richard

Wouldn't it be interesting to hear what both Queens Councilman Eric Ulrich and NJ Assemblywoman Cleopatra G. Tucker think the sentence should be?

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Downhill, written by Maxim Vickers..

Hello.

I've scanned in a short story that Maxim has written a while ago.

http://i274.photobucket.com/albums/jj270/central466/Maxim%20Vickers/maxi...

Enjoy!

Nick Mendoros

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The latest from the prosecutor of Maxim's killer

I wrote Gerard McCloskey, the assistant district attorney for Nassau County who is prosecuting Pryia Nanda, the woman who, having killed Maxim then saw fit to flee, asking him what transpired at the Jan. 26th court appearance in the case. Here is his reply:

___

On Jan 26th I informed the court and defense attorney of the sentence recommendation that I previously explained to you. The defense attorney is not interested in taking a Felony plea at all at this point. As a result I will be taking the necessary steps to set the case up for the Grand Jury. Once the defendant is indicted I believe she will be more apt to plead guilty to the Felony. The case was adjourned for a conference on February 18. Let me know if you have any other questions, if not I will speak with you after the 18th. Thanks.

___

I thanked him for continuing to be a good communicator.

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Richard, thanks for keeping

Richard, thanks for keeping us in the loop.

NYCC Oldtimer

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Dear Richard and fellow

Dear Richard and fellow members of NYCC:

I am the attorney for Ms. Priya Nanda and I would like an opportunity to present my perspective on the incident and to ask that everyone take a step back from the harsh rhetoric being presented here about the case and consider that there are many considerations at issue here. Please understand that because there is a pending criminal case with serious consequences, I cannot go into overly great detail about our position. In fact Disciplinary Rule 7-107 specifically prohibits statements about plea possibilities, guilt or innocence of the defendant, etc. However, since there has been so much discussion of the case on this blog I can say this: As the 20 year old daughter of a tight-knit and strict Sikh family, Priya has not faced many emergency situations in her life. When she was involved in the accident with Mr. Vickers, she utterly panicked and was in a state of shock. When she pulled her car over, about three-quarters of a mile down the road, she immediately called her father, who advised her to stay put and await his arrival. She was not "shopping at Staples" as was wrongfully reported. When she and the police met in the parking lot, she did not deny being involved in the accident with Mr. Vickers. Whether she approached the police before or after they found the car is really of no moment; had she chosen to remain silent (as is her right) the police would have had no evidence of who was driving the car and could not have charged anyone. Her immediate acceptance of responsibility is in fact the only evidence that connected her (as opposed to the car) to the accident. Most people who are charged with this crime are trying to hide some form of criminality: intoxication, reckless driving, drug use, cell phone use, falling asleep at the wheel due to exhaustion, etc. None of that exists here. This is a case involving a sheltered young woman on her way home from college who was involved in an accident- AN ACCIDENT- at one of the most dangerous intersections in Nassau County. Her panic and reliance upon her family should not however sentence her to lose her freedom and all of her aspirations and goals. Please allow me to tell you something about Priya. Education has been the driving force in her life, with her goal being to become a physician. She currently carries a GPA of 3.9 at NYIT and has her medical school applications out in the mail already. She is also a devoted member of her Sikh temple and performs countless hours of community service there-not because she has any reason to other than she enjoys helping others. She has won many accolades and awards for academic achievement and community work. She is a devoted daughter, sister and granddaughter. Even assuming all that the police say about the incident is true - does that merit such a harsh result and the compounding of one tragedy with another? Is that in fact what Mr. Vickers would want, especially considering it is not what his own family wants? Mr. Vickers, as a graduate of Cooper Union (where my own son attends), obviously valued education and I think he would not want one moment of panic in an otherwise unblemished record to end a promising future. Priya remains very remorseful and despondent over the incident and Mr. Vicker's passing and is just now completing counseling with a psychologist who is helping her to deal with all that happened. I know that I am not likely to sway anyone's opinions here, and I frankly would never have posted any of this if the Assistant DA hadn't provided so much information about his version of the case and wasn't being so obviously influenced by your posts and your strong feelings about the case. So I ask all of you to look carefully at this incident and contemplate whether some compassion and mercy isn't warranted. Think about the things some of us have done at age 19 or 20 and whether we would want our decisions at that age to remain with us forever. Allowing Priya to plead to a misdemeanor still exposes her to jail time but does not end her prospects of becoming a doctor; it still saddles her with a permanent criminal record and she will always have to explain this incident to schools, employers, lenders, etc. I personally feel that would be justice in this case.

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Ms. Nanda ended someone's

Ms. Nanda ended someone's life through her negligence. That's a felony and that's appropriate. How about you make a deal to drop the charge of leaving the scene and have her plead to Criminally Negligent Homicide? Maxim Vickers was unquestionably riding in a safe manner in accordance with the law. Ms. Nanda failed to operate her vehicle in accordance with the requirements of the law. An accident is when you are operating your vehicle properly and unforseen unexpected conditions occur such as perhaps a pothole large and deep hidden in shadow or obscured by sun glare at just the inoppurtune moment...or you are driving in icy conditions, apply the brakes properly as taught and in plenty of time and distance and find your vehicle sliding helplessly along at 5 mph into a stopped vehicle. Hitting a cyclist on a clear day on dry pavement because you fail to keep a proper awareness of the road is negligence.

I am a graduate of NYIT with 2 degrees and i assure you nothing in NYIT education encourages or condones negligent driving.

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Ms. Nanda ended someone's

Ms. Nanda ended someone's life through her negligence. That's a felony and that's appropriate. How about you make a deal to drop the charge of leaving the scene and have her plead to Criminally Negligent Homicide? Maxim Vickers was unquestionably riding in a safe manner in accordance with the law. Ms. Nanda failed to operate her vehicle in accordance with the requirements of the law. An accident is when you are operating your vehicle properly and unforseen unexpected conditions occur such as perhaps a pothole large and deep hidden in shadow or obscured by sun glare at just the inoppurtune moment...or you are driving in icy conditions, apply the brakes properly as taught and in plenty of time and distance and find your vehicle sliding helplessly along at 5 mph into a stopped vehicle. Hitting a cyclist on a clear day on dry pavement because you fail to keep a proper awareness of the road is negligence.

I am a graduate of NYIT with 2 degrees and i assure you nothing in NYIT education encourages or condones negligent driving.

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I respectfully disagree.

"Her panic and reliance upon her family should not however sentence her to lose her freedom and all of her aspirations and goals"

I respectfully disagree.

http://criminaljustice.state.ny.us/legalservices/enactedlaws_chapter49.htm

(and)

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This conduct is a mere misdemeanor?!

Dear Mr. Michelen:

(It's clear from the outset you and I have a different societal outlook. Even though I am older than you, it wouldn't occur to me in professional correspondence such as this is—your writing me and my answering you is not social in nature; we don't know one another—to address you as Oscar. I extend Mr. McCloskey, the assistant district attorney prosecuting Ms. Nanda, the honorific just as he does me and just as I, here, do you.)

Thank you for your note.

You conclude your note, "I personally feel that would be justice in this case." A misdemeanor. You "feel," (granted you "feel," not "think"—but may I suggest we and the law are better when we operate on thought, not feelings?) killing someone is a misdemeanor? I don't. Certainly not in this circumstance. It should be treated no more harshly that, say, littering. Killing is equivalent to littering in (your) society's eyes? But, then, you, as her attorney—your well drafted letter is both part brief and part summation; and surely the time you took to compose it is enfolded into your bill —are hardly an objective observer and commentator here, are you? Well done; well done.

Were you go to trial in this case, I don't know that I would attach too much weight to the police not having had to prove Ms. Nanda was driving the car when "it" hit Maxim. I don't think it would be terribly difficult for the district attorney to establish as fact that she was driving and I think you might hurt your credibility before a jury, and thus hurt your client to float the canard that Ms. Nanda was not driving her car at the time "it" hit Max.

(But I, a two-time drop-out from law school, certainly don't mean to instruct you in the law or the practice of it. In fact, you are teaching me something. Is it true, as you write, that falling asleep at the wheel due to exhaustion is criminal? That strikes me as less intentional conduct and less reasonably foreseeable in consequences than fleeing and lying.)

As I've said in my correspondence to Mr. McCloskey, not for one second do I contend Ms. Nanda intended to hit, much less kill Maxim. She did, however, intend to leave the scene of a dying man whose death she caused; and she did intend that fable she put forward that Maxim cut in front of her. That sounds pretty much to me like an effort to exculpate herself, to avoid responsibility, not accept it.

Think of the precedent established here if this were kicked down to a misdemeanor. Every 16-17-18-19-and-20 year old would then have basis for contending his hitting-killing-fleeing-and not reporting his having struck someone must similarly be a misdemeanor. Or is GPA the determinant? You, a criminal defense lawyer, know perfectly well, Mr. Michelen, the purpose of a punishment is not only to punish and rehabilitate the offender, but is also to act as a deterrent to others and as a statement of society's disapproval. Is society really so collapsed, sir, that hitting-killing-fleeing-and-lying is nothing more than a misdemeanor and is to be generally accepted and approved in law as merely that?

I'm glad for your client that she is, as you write, completing counseling with a psychologist after only one month to deal with her remorse and despondency. I envy her her speed of recovery. As for me, sir, I still feel rage over the brutal murder on a massive scale of sikhs in their Golden Temple in Amritsar going back to the mid-1980s and the brutal suppression of political and human rights visited on the politically active sikhs in Punjab and the wholesale murder of them.

You (irrelevantly) report this sikh family is close knit. From personal experience, I know that to be a hallmark of sikh families. Permit me to recommend you visit the really superb Rubin Museum on W. 17th Street here in Manhattan to steep yourself in part of their culture.

Lastly, while I would expect someone embarking on the study of medicine to be a bit more humane than fleeing in, as you say, panic in the face of an injury or death—we do expect police and soldiers to act without panic in the face of death at the age of 20, and they do—will you please cite for me the proscription against practicing medicine if one has a conviction for a felony on his record.

Sincerely,

Richard Rosenthal

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Dear DHudes: Even if Ms.

Dear DHudes:

Even if Ms. Nanda was the sole cause of the accident, that does not make it criminially negligent homicide. That crime requires two violations of law (like running a red light and being drunk for example) here there are NO violations of the law; that is why she is only charged with leaving the scene. And both criminally negligent homicide and leaving the scene of a fatal accident do not carry mandatory jail time attached to them because the law recognizes that sometimes people are deserving of a second chance when they make a mistake as opposed to engaging in intentional wrongdoing.

Dear OldTimer:

Most criminal cases involve reduced charges for first offenders, especially in cases of crimes that are not violent. Al lI am asking is that she be given the same consideration to folks charged with more serious crimes who are often afforded lesser charges to plead to.

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Ms Nanda caused the accident

Ms Nanda caused the accident through failure to keep a proper lookout. I assert that this constitutes depraved indifference: she didn't watch for cyclists because she didn't care. If she cared, she would have seen him and not hit him.

The law cited by nycc_oldtimer is quite clear. Among other things, Ms. Nanda is guilty of a Class D felony and I wholeheartedly support the maximum penalty for this of a $5000 fine and it seems to me that the provision of section 1 for fifteen days in jail is a good start.

Ms. Nanda's understandable panic is not an excuse for leaving the scene. Every driver learns in Driver Educaiton to stop at the scene of the accident; there are minor flexibilities about pulling off to the side of the road rather than leaving your car in the lane of traffic. Driving to the nearby shopping center is not within such flexibility Furthermore, as an aspiring physician Ms. Nanda should have immediately stopped -- leaving her car in the middle of the road -- and rushed to Maxim Vickers side to see if she could provide any assistance.. Failure to do so piles on strength to the depraved indifference: one who is concerned stops to render aid first and foremost without regard to anything else. This is not to impose a requirement to proceed in an optimal manner by carefully blocking traffic with the car and so forth. The "OMG!" reaction *followed by immediate rush to render assistance while calling 911 from the cellphone at hand* is what is expected normative behavior of a motorist in our society.

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"...here there are NO

"...here there are NO violations of the law; that is why she is only charged with leaving the scene..."

Oscar, I'm sure you misspoke as the links I provided clearly state that fleeing the scene of an accident is a violation of the law.

NYCC Oldtimer

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future

I think Ms. Nanda needs to find a new career path or plan on attending medical school outside the US. I would think that India or Pakistan for medical school is a good plan.

As for future residency: from what I hear of the interview process from an interviewer, there is no chance whatsoever of getting a residency spot.

Ms. Nanda is fortunate that we do not have capital punishment for such offenses. Loss of her future medical career *in the US* is a small price to pay for negligently killing someone. Ms. Nanda walks this earth in freedom with the comfort of her family. Maxim Vickers is buried, his family bereft from her negligence.

The charge in question is chump change for a penalty for her crime. I need to do some digging, wasn't there a law passed last year about this sort of thing (car vs. cyclist, not leaving the scene of an accident).

oldtimer: Oscar is presumably referring to the crimes required for a finding of criminally negligent homicide. Leaving the scene of an accident isn't usually one of them unless that in itself contributed to Maxim's demise i.e. had Ms. Nanda stopped to render assistance and summon EMS Maxim would have survived instead of being left to bleed to death on the pavement. I haven't enough information to make such an assertion.

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In all fairness to Nanda, I

In all fairness to Nanda, I think most of us are focusing on her fleeing the scene of the accident. Accidents do happen, but there is simply no justification for her behavior after the accident. I had my driver's license at 16 and I side swiped a parked car. I was scared to death. But I stopped and called the police.

Mind you, I'm a high school graduate (not a 3.9 average medical student). I knew better. That Nanda broke the law begs the question, is she pursuing the right profession? The medical field is high stress, and there will be decisions Nanda will need to make on a moment's notice. If she is unable to exercise sound judgement when she is under pressure, does she really belong in medical school?

This is a very emotional subject for those of us who knew the victim. But to be fair to the accused, we really need to focus on her behavior after the accident. We're never going to stop accidents from happening, but we certainly can (and should) press to ensure folks who do get into these kinds of accidents stop. Who knows if this medical student could have stopped and rendered any amount of medical aid that may have saved the victim's life. That is, if she stopped as the law required her to.

NYCC Oldtimer

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Time to Throttle Back

As a lawyer (admittedly not a litigator), I think that at this point, it would be a good idea to just let the justice system do its job. Neither the prosecutor, nor the defense lawyer should be arguing their cases here on our message board. A Nassau County jury should deal with this case.

Dana -- I havent studied criminal law since 1989, but without knowing any facts, other than those mentioned here, this doesnt sound like a case of depraved indifference. It just sounds like a case of poor judgment.

At the risk of being flamed here (and having bad karma follow me around next time I am out on my bike), I think that if Ms. Nanda is truly remorseful, it would be a miscarriage of justice to ruin her life because of her poor judgment. She sounds like someone who could do a lot of good in the world. She already has to live with what she's done. I cant imagine that she will ever get past what she saw that day. I havent heard anyone say that she was yapping on a cell phone, or fiddling with her radio. Sounds like a real accident. What good will putting her behind bars or ruining her chances of a life in service of others do, other than make the rest of us feel better?

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Flame #1

What part of "she left a man to die" do you fail to comprehend?

-Erica

ps this is the wrong venue for this. Either the lawyer is a blithering idiot, or he is using us as a sounding board for how to craft his case.
Guess which I think.
Let's not let him.

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The maximum penalty for the

The maximum penalty for the charge in question, which is a class D felony, is a $5000 fine and, if I read the statute correctly (not a guarantee) fifteen days in jail.
Absolutely make an example of her. I would think an interesting deal is a combination of incarceration and community service of going around and talking to Drivers Education classes. Not 1 class = 1 day, and no purpose is served by making her stand up there in front of one group more than 15 - 20 minutes including Q&A time. There are usual and customary norms for this, I believe it's a 2/3 - 1/3 split of cell time - service time. "Drivers Education" would include preparation to drive (highschool usually) and the 3 hour defensive driving course.

Nothing I read in the statute takes away Ms. Nanda's driving privileges for one second. Obviously she can't exercise her privileges while sitting in jail (unless perhaps on a work crew driving a van with a guard or something, which sounds more like something out of "Cool Hand Luke" and rural Arkansas/Alabama than Nassau County).

As for a life of service: I'll ask my local med school and residency interviewer when she gets home how such a candidate would be viewed. India, however, lets face it thats a society which tolerates the occasional riot in which 5 or 10 THOUSAND people are violently killed (how many people died in the worst riots in the US, ever?). Med school in India, residency and perhaps fellowship in India and come back (and repeat residency like every other foreign graduate) in 15 years (i.e. about 8 years of practice in India). cyclist rights pale beside the right to take the train in peace without being blown to pieces, burned alive, hacked to death because you're Hindu or Muslim depending on whose riot it is this year, etc.
Furthermore, there are some truly needy desperately poor people in India who could use a moderately capable physician much less one with a 3.9 GPA from -any- school,
Advantage India: finish your science courses go straight to med school it'st the European program equivalent to a 6 year med program here no need for a BS.

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Not a lawyer

I'm NOT a lawyer ,nor do I play one . But my simple philosophy says that all this back -forth communications w/ a defense lawyer is highly unusual..I'm surprised it's not breaking some sort of legal rule .. Erica got it right .. playing in the hands of frustrated cyclists ,who feel that justice may not be served and thus collecting a wealth of information from many intelligent viewpoints can only be a plus for the defense ...I'm a bit skeptical ,of the defense attorney taking his case to the public arena. sorry .. perhaps it's the Sicilian in me .. As a parent I can certainly understand the need to protect our children..and there have been many great viewpoints expressed here .Including some ,from a cyclist. to perhaps give Ms. Nanda the benefit of the doubt . Perhaps ... However ,as it was pointed out in a previous post .. where is the deterrent for others .if she walks w/ just a slap on the wrist ???
ciao.

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Let me briefly respond to all

Let me briefly respond to all the various posts and then I will say no more about this unless I am asked to respond:

To Mr. Rosenthal: I certainly meant no disrespect by referring to your first name and merely used the address contained in the post by the previous poster. I don't think many of the posters here are objective; they are writing from the heart as I was. Yes, the heart, not just the mind. Because if you feel that law is just pure thought and plugging in whether someone's actions fit a particular crime, then we could run the criminal justice system through a computer and eliminate judges and courts entirely. But law has always been tempered by mercy and by realizing that some people face disparate impacts for the same conduct and that the sentence must sometimes be adjusted for fairness. That is why we use a scale of justice to signify law because the hardest thing society asks a judge to do is to balance the needs of the community, the victim and the defendant in a case like this. And no, I am not charging Ms. Nanda for writing this or any other post. I am writing because I am very concerned for her and feel that her points needed to be heard in response to the comments on this blog. All I am doing is trying to communicate what poster CBrown stated in the post above. With respect to your suggestion that every case would get kicked down to a misdemeanor, well guess what, most do. And 16, 17, and 18 year olds are protected by the Youthful Offender statute which seals their records. So I am asking for Ms. Nanda to be treated as most others in her situation are. Why is it irrelevant that I report she is from a close knit family, because she is a Sikh is that to be presumed? I mentioned it to explain why she did as she was told and awaited her father's arrival. If you are as familiar with Sikh culture as I am (and I am very familiar with it and do not need a trip to a museum to learn more) you will know that this is completely to be expected. And I did not say that she is over her remorse or even that she will not further need mental health treatment but her months of intensive therapy have ended and she is once again trying to focus on her studies. She is still haunted by the accident and will live this for the rest of her life. Ms. Nanda did not know Mr. Vickers was dying or near death and did not leave him knowing he was going to die. She panicked -its a reaction not a thought process- and nothing about the accident would lead her to believe that she was involved in a fatal accident. The accident was reported immediately by another driver so there was no delay in providing treatment to Mr. Vickers. Mr. Vickers did not die at the scene but rather six hours later during treatment at Nassau Medical Center. This law is meant to punish those who leave a scene where they knew they had been in a fatal accident and that is not the circumstance of this case. By the way, can I ask you why her version of the accident is a "fable"? Neither the driver who reported the accident nor the physical evidence suggest any other version than her own so I am just wondering why you automatically call her a liar without any information at all. In your post you chastise me by saying that I am equating killing with littering but then are quick to point out that even you do not say she intended harm to Mr. Vickers. Ms. Nanda is not charged with killing Mr. Vickers. Simply falling asleep at the wheel is not criminal, but cases have been brought where someone failed to take medication which caused them to pass out at the wheel and there were additional factors that resulted in a criminal negligent homicide charge. Please remember, I am responding to a post not writing an appellate brief so please don't hold me to that standard on this forum. When you say "nothing more than a misdemeanor" recall that a misdemeanor is a crime that stays with you for the rest of your life. It is not a slap on the wrist. DWI is a misdemeanor; assault is a misdemeanor; endangering the welfare of a child is a misdemeanor. Felonies are regularly and routinely reduced to misdemeanors for plea purposes. What is highly unusual is holding someone with a clean record "to the charge" for a non-violent offense. She can still get significant jail time and three years of probation even with a misdemeanor. What I was saying about remaining silent is that had she not acknowledged that she was driving the car she could not have been arrested as the police would have had no proof; thats not a silly argument, that's a fact. People who choose to be police officers or go into the military know they will be confronted with death and are trained to deal with that. Comparing Ms. Nanda's case to those situations is not right and is an inappropriate analogy. She is a student living at home with her parents who was suddenly and unexpectedly faced with an emergency; she was not trained in dealing with that and she is not in medical school yet to have received any training in how to deal with those situations either. Finally as counsel to the Committee of Interns and Residents in the City of NY I can tell you that the NY State Education Department requires that applicants for licensure as physicians have no felony convictions. I have represented dozens and dozens of physicians and am speaking from experience when I say to you that a felony will end her chances of becoming a doctor. Please let me know if I have forgotten to address any of your points or if you would like any further information.

Dhudes: Negligence is not criminal negligence specifically because the law recognizes a difference between the two. One is for the civil courts and the other for the criminal courts. And if you read the statute it only requires that you report the accident "as soon as physically able." There is no shoulder at the scene of the accident and she pulled into the first driveway she saw - the Staples parking lot. I will not discuss what we contend happened after that but it is undisputed that she told police she was driving and she was involved in a collision with a bicyclist. When you state that "Maxim Vickers was unquestionably riding in a safe manner in accordance with the law" From where are you arriving at that conclusion? Are you aware that he apparently did not have a helmet on and that as others have posted here that was his regular practice? I say that not to assign blame but only to point out that there are many assumptions being posted here as facts. I am saying put all of that aside for a moment and don't look to assign blame for the happening of the accident or even for Ms. Nanda's actions after the accident. The reason the law has a minimum (zero jail time) and a maximum (7 years) is to take into account the nature of the accident and the background and record of the defendant. 15 days in jail is one thing. 6 months is what the DA is currently offering and that is unduly harsh in my opinion. Ms. Nanda was born in this country and is a US citizen why would India or Pakistan be a good choice for her? Your comments about India and tolerated genocide are nothing short of offensive and I will address them no further. If there is no chance of her getting a residency spot then why the concern of offering a lesser charge? That you are talking about capital punishment for accidentally causing someone's death shows that you are hardly objective about this.

Nycc_oldtimer: Dhudes is correct that I meant that the accident involved no violations of law - drinking, drugs etc.

CBrown: Thank you for offering your opinion and putting into few words what I was trying to say in many.

EJacobs: Is it absolutely not possible that I am neither a blithering idiot (your vote I guess) or using this to "craft my case" but instead am just someone who is trying to make sure that this woman is treated fairly and not judged overly harshly? I 100% agree with you that this is not the right venue for this but this club's opinion and input is affecting ADA McCloskey and I was not the first one to post here about this. Had he not discussed the details of what was happening in court with members of this club (who while interested are not directly involved in the case) and had he not made it known that despite the Vickers' family's position that they did not want jail time, he was going forward with jail time and had that information not been posted here, then I would have gone on doing my job in the courtroom as I usually do. You can be as cynical as you want but believe it or not, some of us horrible, disgusting, blitheringly idiotic lawyers actually care about their clients and their lives and about fairness and lose sleep at night wondering whether they are doing enough to protect their clients from unduly harsh results. I would have much preferred that this topic had not been brought to this forum, but I could not leave the comments here unanswered.

Thank you all.

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