NY Post Article Probes First Vision Zero Arrest

In a copyrighted article, New York Post writer Daniel Prendergast reported on the first arrest under the vision zero law, finding that the arrest never should have happened.

JULY 6 -- It’s more like zero vision.

The first city bus driver arrested for killing a pedestrian under Mayor de Blasio’s “Vision Zero” policy never should have been cuffed, according to a damning MTA report obtained by The Post.

A broken street lamp made it impossible for the veteran driver to see the man, who was on methadone at the time, the document shows.

Driver Theresa Gallagher, 62, was “put in a cell like a mugger” for fatally running over the man in the dark South Bronx intersection in October thanks to the initiative, which automatically slaps drivers with misdemeanor charges when a pedestrian is killed crossing with the light.

“[The Bronx DA’s Office] made her surrender three months later, and they met her in the lobby of the courthouse, and they cuffed her,” said Gallagher’s lawyer, Michael Armenti.

“They had her in a cellblock, and I was sitting outside trying to accompany this nice little lady who was just utterly devastated and had no idea what was going on,” he added.

Theresa GallagherPhoto: Victor Alcorn

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The 25-year veteran driver stayed at the scene after the accident. The cops who responded to investigate determined that Gallagher had been going between 11 and 15 mph. She tested negative for drugs and alcohol.Gallagher had a green light and was making a left turn onto East 147th Street from Willis Avenue when she struck 64-year-old John Lavery, the MTA report states. But there’s no way she could have seen him in the early-morning darkness because of the faulty street lamp, the papers say.

Meanwhile, an autopsy showed that Lavery, who was in the crosswalk and had the right of way, had methadone and other substances in his system.

“The law has created a situation where bus operators that were not acting recklessly or negligently were arrested and treated like common thugs,’’ said John Samuelsen, president of the Transit Workers Union Local 100, which represents Gallagher.

Since Vision Zero took effect, six bus drivers have been arrested under the law.

The City Council is now floating a bill that would amend the law to make bus drivers exempt long as it’s determined that he or she did not act recklessly. The state Senate OK’d the proposed legislation last month.