- Molly Donovan and her son, Mikey, were struck and killed by a minibus as they crossed Mamaroneck Avenue on June 20 on the way to school. They were in the crosswalk, police said.
- Police called it "a tragic accident," but Donovan's sister sees it otherwise. She thinks a crime was committed.
- Chief Sandra DiRuzza's department has been waiting for the county police's Accident Investigation Team to reconstruct what happen, using interviews DiRuzza's officers and detectives gathered.
MAMARONECK ‒ The driver of the minibus that struck and killed a mother and her 6-year-old son crossing Mamaroneck Avenue on their way to school in June will not face criminal charges in their deaths, village Police Chief Sandra DiRuzza said Friday.
"The Village of Mamaroneck Police Department in conjunction with the Westchester County DA's office met to discuss this case," DiRuzza said. "After reviewing all the facts and circ*mstances, the decision was made not to file any charges."
Edward R. Jones, 68, of Mount Vernon, was cited with three traffic infractions — twice failing to yield to pedestrians and once for using his cellphone while driving, minutes before the crash — but he won't be held criminally responsible for the deaths of Molly Murphey Donovan and her son, Mikey Donovan Volpe. And, police said Friday, Jones has retained his Royal Coach Lines job and could be behind the wheel again when classes resume next week.
Village police held a press conference Friday to release the results of Westchester County Police Department's long-awaited report on the crash, which happened at 8:31 a.m. at New Street and Mamaroneck Avenue on June 20. The report was written by Westchester County Police Sgt. Paul F. Stasaitis, who relied on video taken from the bus and from a store at the intersection, along with witness interviews.
The report goes into painstaking detail of the final seconds of a mother and son's lives. It looks at camera angles and "Walk" and "Don't Walk" signs and includes witness interviews.
It also reaches a conclusion that is unlikely to sit well with some: that the actions of the victims might have contributed to their deaths.
An ambulance, a bus, a crosswalk
Police found that a Mamaroneck EMS ambulance, heading south on Mamaroneck Avenue to answer a call with its lights and sirens on, may have caused confusion that morning. It was just north of the crash site when the incident happened. In fact, the ambulance was immediately enlisted to tend to the mother and child.
Molly Donovan and Mikey Volpe were with three other people on the east side of the intersection, waiting to cross Mamaroneck Avenue, police found. When the "walk" button was pressed — and a 24-second timer began for pedestrians to cross — the three others crossed immediately, but Donovan and Volpe stayed behind for 9 seconds. The report suggests it is possible Donovan might have waited because of the ambulance.
The pair then entered the crosswalk after 9 seconds, "when the countdown had reached at least 15 with the flashing 'Don't Walk' symbol being displayed." Crossing against the signal was "the primary contributing factor" to the crash, the report said. "Another contributing factor is Jones' attention was distracted, as it is apparent in the video."
According to witnesses cited in the report, Donovan and Volpe began to cross the street after the first group passed the front of the bus. "As the ambulance approached the intersection, (the bus) continued its left turn and struck (Donovan) and (Volpe). Witness #2 states that she heard (Donovan) screaming for (the bus) to stop and was then struck by (the bus)."
While Jones had used his cellphone less than two minutes before the crash — related to a pickup of a student on his route — he was not on the phone at the time of the accident, and cellphone use was deemed not a contributing factor. Speed was also not a factor, Stasaitis wrote, as the bus was traveling about 4 to 7 mph. Jones was tested for drugs and alcohol and none were found.
Jones did not return a message and email Friday morning seeking comment.
How the crosswalk sign works, and what the law says
The tragedy of that bright June morning unfolded in 18 seconds, the report said. Eighteen seconds from when Jones entered the intersection and when he brought the bus to a complete stop after striking Donovan and Volpe.
Here's how the crosswalk sign works at New Street and Mamaroneck Avenue, and what New York state law says about it.
- Pedestrians have 24 seconds to cross Mamaroneck Avenue, from the time the “Walk” sign is displayed.
- For the first two seconds, all the traffic is stopped.
- For the next five seconds, the “Walk” sign is displayed.
- At seven seconds, the sign changes to a flashing “Don’t Walk” and a countdown is displayed, starting at 17.
- At zero seconds, the sign changes to a steady “Don’t Walk” and the traffic light changes.
- Chief DiRuzza explained: “New York state law indicates that if you are crossing an intersection, you have to press the button and wait for it for the sign to say, 'Walk.' If you're already in the crosswalk and it flashes 'Don't Walk.' you are to continue to proceed. But if it's 'Don't Walk' when you are going to start across the roadway, then you are to wait for the next cycle.”
Video evidence examined
The report painstakingly reviews the video evidence — including three camera views on Jones’ bus. One looks back from the front windshield, showing the bus passengers. One shows an overhead view of the driver and the door passengers use to enter. One shows the view of the front of the bus from the rear-view mirror.
The video took investigators into the bus, showed where Jones was looking, what was in front of him. There is audio, too. The ambulance siren is heard.
A hand is seen in the lower left corner of the hood when Jones made impact. Police said Friday the bus hit Mikey first, then Molly, who can be seen running out of the crosswalk just before impact. The cameras also show Jones who “exits the vehicle and can be seen through the rear window standing over (Donovan) in grief.”
Lt. P.J. Trujillo said police interviewed Jones for more than five hours on the day of the crash.
"He just simply did not see them," Trujillo said. "We think he was preoccupied with the first group of pedestrians crossing the crosswalk. You can see on the video that he follows them. He stops, follows them through the crosswalk. But when he turns back to press the gas, that's when Michael and Molly started to cross the street."
Mikey Volpe died instantly; his mother, days shy of her 44th birthday, died within hours.
Would they have been saved by a crossing guard?
On the day of the crash, there was no crossing guard where New Street meets Mamaroneck, a popular crossing for parents getting their children to and from Mamaroneck Avenue School.
The crash triggered a summer of meetings between safety advocates, the village and the county, and calls for action to make the busy four-lane thoroughfare safer for parents and children. A new traffic pattern will stop all vehicles at New Street when classes resume next week. A crossing guard will be posted there, too.
DiRuzza, on Friday, wouldn't say if those changes would have saved the lives of Donovan and Volpe.
Asked if the incident weighs on her, DiRuzza said: "It does, of course, because, we never want to see any lives lost. It has affected the department and the community. But we are trying to do what we can so that this doesn't happen again."
DiRuzza said her department will hold assemblies with Rye Neck and Mamaroneck students to remind them of the rules regarding school crossings. She said extra crossing guards will be on hand when classes resume Sept. 3, including one posted at New Street.
Although Mamaroneck Avenue is owned by the county, Mamaroneck Village Police are the lead agency investigating the deadly incident.
Family responds
Village Police spokesman Lt. P.J. Trujillo said the district attorney's office was consulted and made the decision, based on the report, that no charges were merited. The district attorney’s office, in a statement Friday, thanked the Volpe and Donovan families for their patience during the investigation.
The family was told, the statement, said “that the incident that took the lives of Ms. Donovan and her son Michael was an incredibly tragic accident but was not criminal in nature. Therefore, the DA’s Office will not be pursuing criminal charges.”
“We understand the disappointment and frustration felt by the victims’ family, friends and community,” the statement continued. “We offer our deepest condolences during this difficult time.”
Asked if she was disappointed in the lack of a criminal charge for Jones, DiRuzza said: "I think that there are no good outcomes here. We have to work within the confines of the law, and the judgment of the DA's office. We did what we were able to do, under the law."
She also said: "Their friends and families will be impacted forever by their loss. The bus driver, Edward Jones, killed two people that day. He will have to live with that reality the rest of his life."
The family was told of the decision Thursday night, hours before the press conference.
"Thomas was upset about the conclusion, and not having the driver arrested for criminal charges," Trujillo said. "The parents of Molly understood the situation and accepted the fact."
Robert Miklos and David Saxman of Silbertsein Awad & Miklos P.C., the lawyers for Thomas Volpe, Mikey's father, issued a statement.
"We are deeply saddened and outraged by the tragic deaths of Michael and Molly, and as the attorneys for the estate of Michael Volpe, we are unwavering in our commitment to securing justice and compensation from all responsible parties for the family in response to this entirely preventable tragedy."
Molly Donovan's sister, Erin, speaking only for herself and not for her parents or Mikey's father, Tom Volpe, urged the Safe Streets Mamaroneck group to reach out to her and applauded their work "and the voice you have given to Molly and Mikey."
She then commented on the report.
"The idea that we are blaming Molly and Mikey for their deaths, when they were on the way to school is heartbreaking.The idea that it has taken all summer to come to this decision is at the least disappointing.Only the people in the moment can really know what happened.Only those who can no longer speak know the truth.
"I am pleading with the DA, personally from Molly's sister and Mikey's auntie, to make sure that the level of integrity was upheld.I am trusting you."
Who is Edward Jones, the bus driver in Mamaroneck crash?
DiRuzza offered a few details about the man behind the wheel of that Royal Coach Lines bus on June 20.
Edward Jones is a 68-year-old resident from Mount Vernon, New York, and a retired mechanic, she said. "He became a bus driver approximately two and a half years ago to stay active in his retirement."
His driving record had no accidents in the past four and a half years, no points on his license for any prior traffic summonses.
Asked about Jones' status at Royal Coach Lines, his Yonkers-based employer, Trujillo said: "I believe he's still employed. I believe he's still with the company."
A call to confirm Jones' job status was not returned by Royal Coach Lines.
Changes are coming
Officials from the county and village met over the summer to devise more pedestrian-safety measures near the Mamaroneck Avenue School, a K-5 school in the Mamaroneck school district with 605 students, where Mikey Volpe was a kindergartner.
At an Aug. 12 village board meeting, Interim Village Manager Chuck Strome unveiled action items for the near- , mid- and long term. Several of the changes will be in place when classes resume Sept. 3, Strome said.
Among them:
- The county conducted a traffic study and will reduce the speed limit to 25 mph from 30 mph on Mamaroneck Avenue from Depot Plaza to the New England Thruway. (The school-zone speed limit is 20 mph.)
- The village will add four crossing guards to its complement of 19, including a guard at the New Street intersection. On the day of the crash, no guard had been assigned to that crosswalk, despite there being a popular shopping center parking lot for parents, a short walk away from the school.
- Road markings have been re-painted, including the shoulder at Mamaroneck Avenue at New Street, where Donovan and her son took their final steps.
- Also, the New Street intersection will have an all-pedestrian traffic light, where all vehicles will stop in all directions to give pedestrians exclusive use of the intersection. Strome said this week that all-pedestrian lights will also be added at Nostrand and Gertrude, closest to the school, and that other intersections are being considered for new light patterns.
After Friday's press conference, Village Trustee Lou Young struck a somber note.
"The truth is that there were things that probably should have been tended to before that we'll get tended to now because of this. It's a tragic reality that sometimes it takes a crisis to make things happen. And the things that are happening in the wake of this crisis are things that we could reasonably have been, expected to anticipate."
Peter D. Kramer is a 36-year staffer who writeslong-form narrativeson a variety of topics. He has written recently about an Orange County cold-case murder, about affordability and development, and breaking news.His story looking back onthe Oak Street fire in Yonkerswon a national Headliner Award for outstanding news specials/feature column. Reach him at pkramer@gannett.com.
