Quantcast

The DNAinfo archives brought to you by WNYC.
Read the press release here.

Family of Victoria Nicodemus Petitions for Grand Jury to Investigate Crash

 A photo of Victoria Nicodemus at a vigil that was held on the corner of Fulton Street and South Portland Avenue, where she was fatally struck by a car on Dec. 6.
A photo of Victoria Nicodemus at a vigil that was held on the corner of Fulton Street and South Portland Avenue, where she was fatally struck by a car on Dec. 6.
View Full Caption
DNAinfo/William Mathis

FORT GREENE — The family of a woman killed after a driver with a suspended license jumped a curb and struck her as she walked on a sidewalk late last year is petitioning prosecutors to conduct a grand jury investigation into her death. 

The brother of Victoria Nicodemus, 30, who was fatally struck on Fulton Street and South Portland Avenue on Dec. 6, posted the petition to Change.org last week. It calls on Brooklyn District Attorney Ken Thompson to retain a grand jury to investigate driver Marlon Sewell, who was charged with a misdemeanor for driving without a license in the crash.

“It is the very definition of recklessness to drive up on the sidewalk on a clear, dry day in Fort Greene. This reckless behavior requires, at a minimum, a grand jury investigation,” the petition reads.

Nicodemus’ family has pushed the DA to bring felony charges against Sewell, who is currently free without bail after fatally striking her and injuring two others in the incident.

“I want Ken Thompson to be courageous, to take a stand to protect the people of Brooklyn,” Nicodemus' brother Hank Miller told DNAinfo New York on Tuesday. "There has to be accountability."

A spokesman for the District Attorney’s Office said the case is currently under investigation.

Sewell, whose license had been suspended at the time of the crash for failing to pay child support, had it reinstated shortly after the incident. 

Earlier this year, a judge refused prosecutors' attempts to suspend Sewell's license, saying they couldn't prove it was needed because reckless driving charges hadn't been brought against him.  

Sewell's car has been impounded as prosecutors investigate his claim that he was lightheaded at the time of the crash due to a carbon monoxide leak.

If convicted on the misdemeanor charge, Sewell faces up to 30 days in jail and a fine of up to $500.

His next court appearance is scheduled for June 27.

Sewell and his attorney have repeatedly declined to comment on the case.

As of Tuesday evening, the Change.org petition had 1,034 electronic signatures.