Driver of cab that struck and killed Cooper Stock arrested

The driver of the taxi cab that struck and killed nine-year-old Cooper Stock in January has been arrested – 10 months after the accident that galvanized the city around traffic-safety concerns. The West Side Spirit has learned that the cabbie was arrested on Oct. 7 for the incident and charged with “failure to exercise due care,” according to 24th Precinct Commander Marlon Larin and the Manhattan District Attorney’s Office. Stock and his father were in the crosswalk at West End Avenue and 97th Street on Jan. 10 when cabbie Koffi Komlani, making a left-hand turn onto West End Avenue, struck both of them, killing the boy. Komlani, who remained on the scene, was issued a ticket for failing to yield to a pedestrian. The ticket carries with it a $300 fine and the addition of three points on a driver’s license. Many New Yorkers in the days and weeks following the tragedy voiced their opinion that more should be done to punish irresponsible drivers, who they feel are often free to go without any major consequences after injuring or killing a pedestrian. However, Larin said the subsequent investigation took time and authorities needed to establish whether charges could be brought against Komlani, who is 53. “The misconception is once the accident is done, it’s case closed. That’s not true. The highway collision investigations squad, those guys, they’re the ones who come out, they’re the ones who take the measurements, they’re the ones who check the car for mechanical defects,” said Larin. “They have to confer with the District Attorney because if the DA’s office feels they can’t prove that, then there is no arrest.” Larin said the DA’s office brought the charges, and is confident in their case, “because of the way [Komlani] travelled, the rate of speed and the way he took the turn.” Larin said rain was a factor that night as well. He also mentioned Komlani was taken into custody Oct. 7 at 10:30 a.m. The Manhattan DA’s Office confirmed to the West Side Spirit that Komlani was arrested for the Jan. 10 incident and charged with one count of failure to exercise due care causing serious physical injury. A spokesperson for the Manhattan DA’s office said Komlani has since been released on his own recognizance and that the judge at his arraignment revoked his driver’s license while the case is pending. The spokesperson noted that failure to exercise due care is a traffic infraction. “The maximum is 15 days jail and a $750 fine with a license suspension, and the minimum is no penalty,” said the DA’s spokesperson. “In the end, it’ll be up to the judge.” Komlani is scheduled to be in court Dec. 4, according to the Manhattan DA’s office. In May, Cooper Stock’s parents told Yahoo News they were informed in a meeting at the Manhattan DA’s office that the office could not pursue any additional charges against Komlani because it wasn’t provided for under the law. “They told me there is nothing in the law right now that specifies that he can be charged with any crime,” Lerner told Yahoo News in May, describing the meeting. The Manhattan DA’s office declined to comment further. Komlani could not be reached for comment. The tragedy resulted in the passage of “Cooper’s Law” by Upper West Side Council Member Helen Rosenthal. The law amends the city’s administrative code to allow for a cabbie’s taxi license to be revoked if an investigation finds the driver failed to yield to a pedestrian. New York’s Taxi and Limousine Commission pulls a driver’s license only after they’ve racked up six points on their license. Komlani’s failure to yield summons added three points onto his license. Rosenthal could not be reached for comment by press time. Bhairaivi Desai, executive director of the New York Taxi Workers Alliance, said the union was unaware Komlani had been arrested and that he has not reached out to them. “We hope he will be tried fairly by the law, not scapegoated in the court of public opinion,” said Desai. “It’s hard to imagine the arrest of this working man was not politically motivated.” Komlani’s mother-in-law, Idy Williams, told the New York Daily News in January that Komlani was depressed after the accident. “He’s not driving. He’s not talking at all. He’s not eating. He’s really, really down,” she told the paper. “It’s an accident. It’s not like he’s done it on purpose.” Williams could not be reached for comment on this latest development. Cooper’s parents, Dana Lerner and Dr. Richard Stock, did not return a request for comment by press time. According to the New York Post, Komlani lives in Harriman, NY, a village about an hour and 20 minutes north of Manhattan. It’s unclear what police department took him into custody. Cooper Stock was the first of three pedestrians to be killed on the Upper West Side in January. Alexander Shear, 73, was killed the same night as Stock at Broadway and 96th Street. On Jan. 19, Samantha Lee, 26, was killed at the same intersection as Shear. So far in New York this year there have been 101 pedestrian fatalities, with 20 in Manhattan, according to data compiled by WNYC. In February, Mayor Bill de Blasio launched an ambitious plan called Vision Zero that’s designed to increase traffic safety for pedestrians in New York. Among dozens of initiatives contained in the plan is the decrease of the citywide speed limit from 30 miles per hour to 25, which will go into effect Nov. 7.