The Brooklyn District Attorney released a statement that an ex-New York Police Officer is being prosecuted for 26 counts aggravated vehicular homicide, manslaughter and vehicular assault while driving under the influence of alcohol in Williamsburg. His vehicle jumped the kerb and hit some pedestrians killing one and hurting three others.
District Attorney Thompson said ” It is ridiculous that someone who was a policeman at the time decided to drive whilst being under the influence and then causing such a horrific accident. His bad judgement took the life of a young man with a promising future and injuring others who will have their injuries for the rest of their lives. The accused will now answer for the immense damages that he caused on that night.
The District Attorney named the accused Nicholas Batka 28 of Greenpoint Brooklyn. He was before Brooklyn Supreme Court Justice William Miller and being prosecuted for aggravated vehicular homicide, second-degree manslaughter, first-degree vehicular assault, aggravated driving while drunk and other counts. The accused was released on bail of $300 000,00, his licence suspended and if found guilty could spend 25 years in jail if the maximum charges are given.
The District Attorney said that the evidence shows that in the early hours of July 16, 2016, the accused was having drinks with his friends at The Whiskey a bar in Williamsburg. At approximately 3 am the accused jumped the kerb with his Dodge Durango in the area of Bedford Avenue North 8th Street in Williamsburg. The vehicle struck four people on the sidewalk after which it crashed through a wrought iron fence and into the front of a building at 161 Bedford Avenue. Cell phone video evidence shows the man being held by passers-by and unable to leave the scene.
The deceased Andrew Esquivel 21 died a few hours later from blunt force trauma, Sophia Tabchhouri 20 was injured badly on her legs and arms which included multiple fractures, Divya Menezes 20 suffered injuries to her legs and pelvis which also included fractures. James Balchunas 24 legs were seriously injured and all three the survivors are still receiving intensive medical care.
The accused only had minor injuries and was taken to the hospital but he refused to let the staff take blood samples. The blood sample taken after about two hours from the time of the accident was measured at 23 and the legal alcohol limit is 0.08.
The accused who was a probationary officer at the time of the accident was fired from the Police Department a few days after the accident occurred.
The case is being prosecuted by Assistant District Attorney Timothy Gough, Bureau Chief of the District Attorney’s Trial Bureau III, Grey Zone, with the assistance of Assistant District Attorney Jennifer Nocella, Deputy Bureau Chief of the Grey Zone, and Assistant District Attorney Krystyn Tendy, also of the Grey Zone