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

Driver Who Fatally Struck Victoria Nicodemus Indicted for Manslaughter: DA

 Marlon Sewell, 39, was charged with second-degree manslaughter Monday after police say his SUV jumped a curb in Fort Greene and killed 30-year-old Victoria Nicodemus (inset) on Dec. 6, 2015.
Marlon Sewell, 39, was charged with second-degree manslaughter Monday after police say his SUV jumped a curb in Fort Greene and killed 30-year-old Victoria Nicodemus (inset) on Dec. 6, 2015.
View Full Caption
DNAinfo/Ben Fractenberg; Facebook (inset)

BROOKLYN CRIMINAL COURT — The unlicensed driver who fatally struck a woman as she walked on a Fort Greene sidewalk last year has been indicted for manslaughter — amid calls by her family for him to face stiffer charges.

A grand jury voted to charge Marlon Sewell, 39, with second-degree manslaughter in the crash that killed Victoria Nicodemus, prosecutors revealed at a hearing in Brooklyn Criminal Court Monday morning.

Sewell — who has been free without bail since he struck and killed 30-year-old Nicodemus and injured two others when his car jumped the curb at Fulton Street and South Portland Place on Dec. 6 — was initially hit with misdemeanor charges of driving without a license or insurance.

Sewell, whose license had been suspended for failing to pay child support, was heading east on Fulton Street with his wife around 5:26 p.m. when he swerved right to avoid another car in front of him and then swerved again to avoid a bus, the NYPD said.

His car went up onto the sidewalk near South Portland Place, in front of Not Ray’s Pizza and Habana Outpost, and hit the three pedestrians, police said. 

Police said Sewell was driving within the 25 mph speed limit when he jumped the curb.

Sewell, who had been arrested in March 2015 for driving without a license, has a history of traffic violations, according to the NYPD. 

He received six tickets totaling $450 for sticker violations between Aug. 8 and Nov. 17 of last year, Department of Finance records show. He was then cited for speeding through school zones on Nov. 18, 19 and 24, records show.

Prosecutors repeatedly delayed Sewell’s hearings, asking judges for more time as they continued their investigation, which included an inspection of Sewell’s car. Sewell told police that he was lightheaded at the time of the crash due to a carbon monoxide leak.

In January, prosecutors also asked a judge to revoke Sewell’s license during the investigation, but she refused, saying they couldn't prove it was needed because they hadn't brought reckless driving charges against him.  

Nicodemus’ family had been pushing the district attorney’s office to bring upgraded charges against Sewell since the crash.

Her brother, Hank Miller, posted a petition to Change.org last month calling on Brooklyn District Attorney Ken Thompson to retain a grand jury in the investigation

“Anybody who knew Victoria knew that she would fight for her family and her friends and would not let justice go unserved, and as her family and friends, we have to fight for her and for justice,” Miller said Monday.

“Personally I’m pleased that the Brooklyn District Attorney’s office moved forward with the grand jury investigation and I look forward to a vigorous prosecution of this case.”

Public Advocate Letitia James, who attended a vigil honoring Nicodemus outside of Habana Outpost in December, commended the district attorney on the indictment Monday.

"Today, we begin achieving justice for Victoria Nicodemus, who was legally and safely walking down Fulton Street with her boyfriend when she was fatally hit by an unlicensed driver," James said in a statement. "While no sentence will bring Victoria back to her family and friends, this is a big step towards ensuring that there are teeth to Vision Zero and that reckless and illegal drivers are held accountable for their actions."

A hearing date has not yet been set for Sewell's arraignment.

His Legal Aid attorney Niamh O’Flaherty declined to comment.