Vance Brings Rare Murder Charge Against Driver Who Killed Man on Sidewalk

Last June, according to prosecutors, 33-year-old Shaun Martin, under the influence of alcohol and drugs, got behind the wheel of a Nissan Altima and began speeding down Second Avenue in the East Village. At 4th Street, he veered across three lanes of traffic, jumped the curb and slammed into four people, including florist Mohammed Akkas Ali, who came out of a coma but later died, reportedly after removing his breathing tube.

Now, Martin has been charged with second-degree murder for Ali’s death, along with aggravated vehicular homicide, vehicular assault, reckless endangerment, driving while impaired by drugs, and other charges. Court documents say Martin, who according to DNAinfo has prior arrests for drunk driving and cocaine possession, was high on PCP and alcohol at the time of the crash. Manhattan District Attorney Cy Vance announced the charges this afternoon.

“The death of Mohammed Akkas Ali is a tragedy that could have been averted,” Vance said in a press release. “Intoxicated driving, whether by drugs or alcohol, is completely at odds with the prospect of making New York streets safe for pedestrians and drivers alike.”

Murder charges for traffic killings are rare, and prosecutors usually only apply them to impaired drivers or drivers fleeing police.

In 2011, Vance reduced second-degree murder charges against a driver fleeing police to a manslaughter plea, reportedly after the state’s highest court reversed a conviction in a similar case. The next year, another driver fleeing police pled guilty to a second-degree murder charge brought by Vance and received a sentence of 17 years to life in prison.

Because the driver in this case was impaired and his behavior was so extreme, the charges could stick. Last year, the state’s top court upheld the murder convictions of impaired drivers who displayed “depraved indifference for human life,” which is the standard that will be used in court to weigh Martin’s murder charge.