xing long lin

Queens prosecutor declines to charge driver who ran over and killed delivery worker

According to Streetsblog NYC, Queens District Attorney Melinda Katz announced that she will not be prosecuting the driver who killed a 37-year-old delivery worker in April. Katz said her office investigated Maro Andrianou but found “no credible evidence” to prosecute. Andrianou was allegedly traveling at a “high rate of speed” when she lost control and struck Xing Long Lin who was on his scooter before crashing into an outdoor dining area on 35 street near Ditmars Boulevard.

The DA said it was unclear what caused the sudden acceleration and attributed it to the possibility of a mechanical defect.

“The sudden acceleration of the vehicle and subsequent loss of control cannot be adequately explained and may have been due to a mechanical defect, as had been reported by other drivers with that make and model vehicle or it may have been attributed to driver error,” Katz wrote in a letter. “In any event, there is no credible evidence upon which to base a criminal prosecution and our investigation into this tragedy is closed.”

Katz said they had examined the car but failed to collect the black block data because of the extent of damage to the car.

People were not happy with the decision and voiced their displeasure on social media.

But a spokesperson for Katz, backed Katz’s decision because they found “no credible evidence to demonstrate any criminal intent…”

However, backers of Xing Long Lin argued that criminal intent does not need to be established in vehicular crimes like failure to yield and that the driver could have been charged with at least a low-level crime.

Xing Long Lin was a Chinese immigrant who came to the United States 14 years ago. He is survived by his wife and two kids.

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