City Could Face Lawsuit After NYPD Van Dragged, Killed Man In Brooklyn

CROWN HEIGHTS, BROOKLYN — The moment two NYPD officers hit and killed a man while trying to make a red light on Eastern Parkway could soon land city officials in court, according to court filings.

Lawyers representing the estate of Ronald Anthony Smith — who was hit and dragged by the police van near Schenectady Avenue in April — are demanding the NYPD hand over video of the crash and other evidence as they prepare to sue the city for negligence.

So far, police haven't let representatives of Smith's estate examine the video, the damaged NYPD van or any records about the crash. Their lawyers are worried those things could be thrown out or destroyed before the lawsuit is filed, according to the emergency request.

"There is an imminent risk that the van may be junked, transferred, or otherwise tampered with," the lawyers write. "The NYPD’s video cameras run under an automatic deletion, and the more time that passes the less likely it is that Petitioner will have access to the key video footage of the incident."

Police have said Smith, 53, was hit by the van just after 8 p.m. on April 7 while standing on the median of Eastern Parkway, where some witnesses said he regularly pan-handled, according to police and reports.

But they've released few details on whether, as witnesses claim, the officers were speeding to make a light at the intersection.

The van reportedly dragged Smith's body 35 feet before he was taken to the hospital, where he died, according to the court filing and local officials.

"Mr. Smith was struck with such force that a dent was impressed on the NYPD van through Mr. Smith’s body," the lawyers wrote.

On top of the video and the van, lawyers are asking the NYPD for any records on the crash and for the names of any prisoners being transported in the van when Smith was hit, according to the records.

Patch was unable to reach the representative of Smith's estate for comment, and the attorney listed did not respond to a request for comment.

The impending lawsuit would be the latest backlash for the crash, which is also under investigation by the Attorney General's Office. The office told Patch that their investigation was ongoing as of late Friday.

It is unclear what, if any, discipline the officers have faced from the NYPD, which declined to comment when asked about their status on Friday. The city's law department also did not respond to a request for comment on the impending lawsuit.

Police told Streetsblog the week after the crash that at least one of the officers was on "modified duty," but did not specify what that includes.

Local Councilmember Crystal Hudson and others have demanded the NYPD fire the officers involved.

"This is yet another display by the NYPD of their complete disregard for human life and apathy toward the communities they serve," Hudson wrote in the days after Smith's death. "I am heartbroken by this senseless loss of life."