Twenty three-year-old Sian Green counted down the days, hours, minutes, and seconds until her New York City vacation. The young woman, a citizen of the U.K., posted a shot of her countdown clock on Instagram with the caption, “New York plzzzzz hurry up! #NewYork #excited #August #lovinglife.”
Green was resting on a planter box, eating a hot dog, in front of Rockefeller Center on Tuesday morning when she was mowed down by a taxi. The cab severed her left leg and mangled her right.
Witnesses rushed to Green’s aid–one using his belt as a tourniquet, the other placing her severed foot in a cooler of ice–before an ambulance transported her to Bellevue Hospital.
Amazingly, the driver, Faysal Kabir Mohammad Himon, walked away from the accident with just a minor paperwork-related citation.
The NYPD says officers at the scene determined they did not have enough evidence to arrest Himon, or charge him with a crime like vehicular assault.
Sgt. Buthorn, spokesperson for NYPD, tells the Voice he is aware of media reports that suggest the taxi driver was in an altercation with a bicyclist, but he said, “At the time, I guess there was not enough to charge.”
“I’m not saying the case is even closed,” Buthorn added. “They have to go come up with some sort of evidence of intention. That’s not proven at this point.”
“If the officers didn’t determine there was an intent, it’s just an accident,” Buthorn says.
According to all reports, the driver was fighting with a bicyclist at the time of the accident.
“I told him to stop because I’m trying to go forward and people are crossing,” the cyclist told reporters after the crash. “He loses his patience. He gets angry. He accelerates. Hits me.”
With the cyclist on the hood of his cab, Himon accelerated up on to the sidewalk, where he struck Green as well.
Himon’s brother agreed the fight caused the accident. The Daily News reports:
His brother, Sayed Shamen, blamed a bicyclist for the accident.
“He had a fight with the bicyclist,” Shamen said. “He went to hit the brake and stepped on the accelerator instead.”
Himon has a poor driving record. Per the New York Post,
He was involved in a crash in 2010, the same year he received his hack license, records show. A person was injured in that incident.
He was cited for improper use of a bus lane that year, too, and fined $50.
Himon also racked up three moving violations the next year and received a total of nine points on his license, as well $415 in fines. Those infractions included running a red light, traveling at 65 mph in a 45-mph zone and making an improper turn.
He did get a two-point reduction from his license once, for taking a defensive-driving course.
At the scene of the accident, Himon received a summons for what Buthorn called a “TLC-type offense”–an infraction of Taxi and Limousine Commission’s regulations. Himon was licensed to drive a taxi, he just was not authorized to drive the particular cab that he drove into a bicyclist and a British tourist on her first day in New York City.