Driver Who Killed Astoria Delivery Worker Won't Face Charges: DA

ASTORIA, QUEENS — Queens District Attorney Melinda Katz will not prosecute the driver who fatally hit Xing Long Lin, a delivery worker and father-of-two, in April, according to a report.

On the evening of April 29th, Lin, 37, was in the middle of a shift on 35th Avenue when an out-of-control SUV driver entered a bike lane and hit his scooter, dragging his body under the car as she crashed into two other parked vehicles and plowed into an outdoor dining structure. Streetsblog identified the unnamed driver as Maro Andrianou (formerly by the surname Yerolemou).

Nearly seven months after the crash, an investigation by the DA's office and the NYPD’s Collision Investigation Squad found "insufficient evidence to demonstrate any criminal intent or behavior leading up to the tragic death."

Instead, the report said that Andrianou, who was speeding at the time of the accident according to eyewitness sources and the initial NYPD report, was rear-ended and lost control of the vehicle. The DA's office, however, concluded that Andrianou's out-of-control driving "cannot be adequately explained," and might be because of a "mechanical defect" or "driver error."

'What is the life of an immigrant worker worth in the World's Borough?'

The ruling left street safety advocates and community members outraged; many have been calling on Katz to bring charges against Andrianou for months.

"Xing Long Lin and his family deserve justice," tweeted Laura Shepard, the Queens Organizer for Transportation Alternatives. "Our streets are not safe when drivers who harm vulnerable road users are not held accountable and do not face consequences for their behavior."

Streetsblog pointed out that criminal intent is not necessary in New York State in order for a driver to face vehicular crimes. "In this case, Katz could simply have charged Andrianou with failure to exercise due care, a low-level crime."

Other community leaders noted that Lin's death marks the loss of a Chinese immigrant, essential worker amid a year of increased anti-Asian racism.

"Equal justice under law in Queens County means some people are more equal than others. What is the life of an immigrant worker worth in the World's Borough? Not much, according to our District Attorney," tweeted John Choe, a community leader who ran for City Council in District 20.

The plight of the city's delivery workers

Lin is not the first of the city's mostly-immigrant delivery workers to be killed by a reckless driver in northwest Queens.

Mexican immigrant Alfredo Cabrera Licona was killed by a reckless truck driver in the Crescent Street bike lane last Nov.; this Sept. another Mexican immigrant, Noe Amador Licona, died when a driver made a U-turn in the middle of the block that he was biking down in Sunnyside.

And it's not just street safety that delivery workers have to watch out for; these essential workers, who work tireless hours as contractors and are often undocumented immigrants, have few protections against theft, weather and wages — a plight chronicled in a recent New York Magazine piece.

Workers' exploitation was on full display this year, when they were tasked with putting their health on the line to deliver food during the pandemic without the promise of labor protections, including health insurance.

Recently, workers were also on the clock during Hurricane Ida, when many travelled through deadly flood conditions to deliver food, often without as much as a tip or thank you, as THE CITY reported.

Calling on NYC's first bike mayor

Traffic safety has been top of mind for many New Yorkers this year; 2021 was deemed the second-deadliest traffic year under Mayor Bill de Blasio's administration, and complaints about ATVs, dirt bikes, and street drag racing have risen throughout.

But, as the de Blasio administration comes to an end, transportation advocates are turning their attention to Mayor-elect Eric Adams, who has cast himself as a so-called bike mayor.

In a statement congratulating Adams on his Election Night victory, Danny Harris, executive director of the advocacy group Transportation Alternatives, described the Mayor-elect as a "regular cyclist [who] knows firsthand the challenges facing our streets"

He also called on Adams to implement pedestrian-first street redesign projects — including protected bike lanes and pedestrian space across all five boroughs — and invest in equitable public infrastructure.

"[Adams] knows what must be done to turn asphalt into an asset and bring equitable, safe, and healthy transportation options to all New Yorkers," Harris said.