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April 16, 2015 -- Westchester County District Attorney Janet DiFiore announced that an indictment was unsealed against Clifford Perkins (DOB 06/08/89) of 8 Byron Street, New City, New York charging him with:

  • one count of Criminally Negligent Homicide, a class "E" Felony,
  • one count of Reckless Endangerment, a class "A" Misdemeanor,
  • one count of Reckless Driving, an unclassified VTL Misdemeanor,
  • one count of Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, an unclassified VTL Misdemeanor,
  • various other traffic infractions,

relating to the death of Scott Phillips.

"The tragic death of Scott Phillips was preventable, as are so many vehicular fatalities. This defendant, as outlined in the indictment, with a revoked driver's license, operated his motorcycle in the middle of the day, on a busy parkway with such negligence and recklessness, that he endangered any motorist who was on the road that day and ultimately caused the collision that ended in a fatality," said District Attorney Janet DiFiore.

On May 25, 2014 at approximately 12:34 p.m., on the Sprain Brook Parkway, the defendant was operating his 2002 Yamaha motorcycle. The victim, Scott Phillips, was operating his 2013 BMW motorcycle in the left lane of the Parkway while a third party, Edward Murray, was operating his 2001 Mazda vehicle in the center lane.

The Mazda operator told Investigators he was traveling southbound on the Parkway when several motorcycles past him at a high rates of speed.

Another witness told investigators that 11-12 motorcycles went past him in the left lane at approximately 90-100 miles per hour.

Moments later, he observed another motorcycle coming up behind him at a high rate of speed. He saw that motorcycle, later identified as the defendant's motorcycle, start to wobble just before it struck his vehicle from behind.

Subsequent accident reconstruction by the New York State Police determined that the defendant's motorcycle struck the rear bumper of the Mazda, causing the vehicle to rotate counter clockwise while crossing into the left lane and left shoulder of the roadway, then struck the center guide rail and re-entered the left lane of travel.

The defendant was ejected from his motorcycle and came to rest on the right shoulder. His motorcycle became engulfed in flames. The accident reconstructionist calculated that the defendant's motorcycle had a minimum speed of 82-95 miles per hour after the impact with the Mazda.

When the Mazda re-entered the left lane after striking the center guide rail, the victim's motorcycle struck the car's passenger side. He was ejected from his motorcycle and came to rest down an embankment off the right shoulder of the roadway.

His motorcycle became engulfed in flames. The accident reconstructionist calculated that motorcycle had a minimum speed of 58-67 miles per hour after the impact with the Mazda.

At the time of the collision, the defendant possessed a revoked and suspended New York State License with a cancelled motorcycle endorsement.

Bail was set at $20,000 cash or bond.

The defendant's next court date will be on April 28, 2015.

The defendant faces a maximum of four years in prison.

Assistant District Attorney Jonathan Strongin of the Superior Court Trial Division will be prosecuting the case.

 

 

In compliance with Disciplinary Rule 7-107A of the Code of Professional Responsibility, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.