Driver Indicted for Recklessly Killing Pedestrian in Fort Greene, Injuring Two Others

Thursday, July 14, 2016


Driver Indicted for Recklessly Killing Pedestrian in Fort Greene,
Injuring Two Others

Drove S.U.V. onto Busy Sidewalk;
Aware of and Failed to Correct Dangerous Car Condition

Brooklyn District Attorney Ken Thompson today announced that a Brownsville man has been indicted on manslaughter, criminally negligent homicide and related charges stemming from an early evening crash on Fulton Street in Fort Greene that left one female pedestrian dead and two others injured.

District Attorney Thompson said, “After an extensive investigation, Marlon Sewell has been indicted by a grand jury on manslaughter, criminally negligent homicide and related charges for causing the death of Victoria Nicodemus and physical injury to others. At trial, we will prove that the three victims were just walking on Fulton Street when the defendant, through his reckless actions, drove his car onto the sidewalk striking them all and killing Ms. Nicodemus.”

The District Attorney identified the defendant as Marlon Sewell, 39, of Brownsville, Brooklyn. He was arraigned this morning before Brooklyn Supreme Court Justice Elizabeth Foley on a 12-count indictment in which he is charged with second-degree manslaughter, criminally negligent homicide, second-degree assault, second-degree reckless endangerment, reckless driving, third-degree aggravated unlicensed operation of a vehicle, failure to yield right-of-way, driving on sidewalks, and four counts of third-degree assault. The defendant was released without bail and his license was suspended. If convicted of the top count, he faces up to 15 years in prison.

The District Attorney said that, according to the investigation, on December 6, 2015 at approximately 5:20 p.m., in the vicinity of Fulton Street and South Portland Avenue in Fort Greene, the defendant was behind the wheel of a 2004 Chevy Suburban when he drove onto the sidewalk on Fulton Street. The defendant struck three pedestrians, Ida Turner, 75, Gerald Toth, 37, and his partner Victoria Nicodemus, 30. Nicodemus was transported to The Brooklyn Hospital Center where she was subsequently pronounced dead. The medical examiner ruled the cause of death as multiple blunt traumas. Toth sustained injuries to his hand and ankle and Turner suffered injuries to both of her legs, requiring weeks of physical therapy. The incident was captured by video surveillance cameras.

According to the investigation, the defendant admitted to law enforcement that he was aware of a leak in his vehicle which caused harmful fumes to seep into the vehicle’s main cabin. Further, it is alleged, he failed to repair this dangerous condition which contributed to the fatal crash.

The case was investigated by New York City Police Officer Frank Passarella of the NYPD Collision Investigation Squad, a specialized unit that responds to serious or fatal motor vehicle collisions.

The case is being prosecuted by Assistant District Attorney David Pan of the District Attorney’s Trial Bureau V, Red Zone, and Cary Fischer, Deputy Bureau Chief, under the supervision of Assistant District Attorney Joseph Alexis, Bureau Chief, and Assistant District Attorney Craig Esswein, Deputy Bureau Chief of the District Attorney’s Vehicular Crimes Unit.


An indictment is an accusatory instrument and not proof of a defendant’s guilt.