FOR IMMEDIATE RELEASE
New York Civil Rights Lawyer Eric Sanders, Esq., of The Sanders Firm, P.C., alleges in a $150 Mil. Notice of Claim filing that a NYPD Police Officer created a false accident report designed to ‘cover-up’ a driver leaving the scene of a serious accident violating Ms. Tishira Brito-Japa’s constitutional rights to equal protection under the law
New York, February 26, 2017 – Ms. Brito-Japa alleges while crossing the street standing on the double yellow line waiting for traffic to clear on West Fordham Road, she was struck on her left side by a vehicle. Brito-Japa alleges she have no memory of the impact. At the time, the street was dimly lit and wet from light snow conditions. According to security video footage, the vehicle impact caused her to slide approximately 40-50′ down West Fordham Road towards Hampden Place.
Ms. Brito-Japa’s sister called 911 from her cellular telephone number. Ms. Japa alleges her sister observed an unidentified dark skinned male driver of the vehicle stopped, exited his vehicle pacing back and forth, re-entering, then driving away. At no time, did the unidentified driver check on Ms. Brito-Japa’s physical condition, leave insurance information or await the arrival of the police.
Ms. Brito-Japa alleges she have some memory of laying in the street screaming in pain, in and out of consciousness. At some point, Emergency Medical Technicians arrived and she pleaded with the Technicians not to move her because she couldn’t feel her legs. Ms. Brito-Japa alleges one of the Technicians accused her of being intoxicated although hospital records later indicates no alcohol detected. Ms. Brito-Japa alleges she never spoke with any police officers at the scene.
Ms. Brito-Japa alleges she sustained numerous injuries including several fractures to the pelvic area and substantial pain. Ms. Brito-Japa alleges she received 13 days of medical treatment at St. Barnabas and is currently undergoing rehabilitation.
Later that evening, Ms. Brito-Japa’s sister called the police from St. Barnabas. Later, 2 police officers assigned to the 52nd Precinct responded and met with Mr. Sneed, Ms. Brito-Japa’s sister and Mr. Avelino. The responding police officer Ferguson Shield No.: 2902, was unable to ascertain if Accident and Complaint Reports were filed.
On Monday December 19, 2016, Mr. Sneed called the 52nd precinct. Ms.Brito-Japa alleges after receiving the runaround for several hours from precinct personnel including Police Officer Burke Shield No.: 17244, Mr. Sneed with the assistance of a family friend was finally able to obtain the Accident Report. A review of the Accident Report indicates its preparation is FALSE.
Ms. Brito-Japa alleges the reporter Police Officer Daniel J. Tooma committed the crimes of Offering a False Instrument for Filing 1st Degree, Offering a False Instrument for Filing 2nd Degree, Falsifying Business Records 2nd Degree and Official Misconduct. Further, Officer Tooma covered up the crimes of the driver including but not limited to Vehicular Assault in the First and Second Degree, Driving While Intoxicated and Leaving the Scene of an Incident Without Reporting. Ms. Brito-Japa alleges the reporter did so with the intent to reduce her chances of recovery against the City New York and the driver who may be related to a NYPD police officer.
“The police officers did not investigate the accident requesting the assistance of the Patrol Supervisor and Highway Collision Investigation Squad. For the NYPD to claim the driver left the scene for his safety is terrible. Ms. Brito-Japa has contacted the Bronx District Attorney’s Office about this cover-up. Mayor DeBlasio and Police Commissioner O’Neill must investigate these officers criminal actions, hold officers’ accountable with swift, decisive and severe disciplinary action,” says Eric Sanders.
Eric Sanders, Esq., of The Sanders Firm, P.C., filed the Notice of Claim with the City of New York, et al., on February 22, 2017.
About The Sanders Firm, P.C.
The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rights, civil service rights, criminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!
Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-808-6515