Rankin & Taylor Attorneys at Law 350 Broadway, Suite 701 Steve@DRMTlaw.com New York, NY 10013 Phone: 212-226-4507 Fax: 212-658-9480 -Facsimile Cover Page- To: Sergeant Matthew Bono Date: | December 19, 2011 Company: | NYPD Highway Patrol Unit #2 | Number: | 718-377-1390 From: _| Steve Vaccaro Toa le Pages: Re: Mathieu Lefevre, AIS Case No. 511-25, Accident No. 2081, Complaint No. 6785 ce: CONFIDENTIALITY NOTICE, This transmission is intended solely for the individual or entity to which it is addressed and may contain information which is confidential or protected by privilege. If you are not the intended recipient, please contact the sender to arrange the return or other disposition of the transmission. Pending disposition, you are requested not to review the transmitted materials, not to disclose or distribute them to anyone, and not to make, or allow to be made copies thereof.Rankin & Taylor Attorneys at Law 350 Broadway, Suite 701 ‘Steve@DRMTLaw.com New York, NY 10013 Phone: 212-226-4507 Fax: 212-658-9480 BY FACSIMILE (718-377-1390) & CERTIFIED MAIL (#7011157000010762 6642) December 19, 2011 Sergeant Matthew Bono NYPD Highway District Highway Patrol Unit #2 2900 Flatbush Avenue Brooklyn, NY 11234 Mathieu Lefevre Fatal Crash of October 19, 2011 AIS Case No. 511-25; Accident No. 2081; Complaint No. 6785 Dear Sergeant Bono: This concerns the above investigation. As you know, I represent Erika and Alain Lefevre, the parents of Mathieu Lefevre. We are concerned by the manner in which the Accident Investigation Squad (AIS) has conducted this investigation. Important evidence has been overlooked and even lost. ‘The oral reports we have received from you and Detective Sheehan contradict themselves in key respects. These reports are also marked by a preoccupation with, and a seeming bias against, cyclists. Our confidence in AIS’s ability to conduct a thorough and fair investigation in this matter is failing. We therefore ask that you respond in writing to the specific questions and concerns raised below. Status of AIS’s Investigation. What follows is the information we presently have regarding the investigation into Mathieu’s death, based primarily on oral reports from you and Detective Sheehan. Please confirm or correct this information, in writing. ‘On December 8, 2011, you called and told me that AIS has concluded that the driver of the truck that killed Mathieu did not knowingly leave the scene without reporting the crash. Because leaving the scene was the only criminal charge AIS considered in this case, AIS has essentially concluded there will be no criminal charges. However, AIS is still considering whether traffic violations occurred in connection with the crash. ‘You also stated that AIS was waiting for two final pieces of evidence to concludeSgt. Matthew Bono 2 December 19, 2011 its investigation: (1) a videorecording made by surveillance cameras mounted on the exterior of Denken Auto Parts Warehouse at 161 Morgan Avenue; and (2) results of toxicology tests performed on Mathieu’s remains. According to the manager of Denken, AIS personnel viewed the videorecording on December 13, 2011, and concluded it contained no useful evidence. Thus AIS is waiting now only for the toxicology report, and has in hand all of the evidence concerning the movements of the vehicles involved in the crash that it intends to collect (such movements cannot be inferred from toxicology results) Please confirm in writing that the above reflects the status of the AIS’s investigation into Mathieu’s death, and of the Department's consideration of any potential charges or violations to be issued. Results of AIS Investigation. We respectfully disagree with the AIS’s conclusion that the driver who killed Mathieu, Leonardo Degianni, did not knowingly leave the scene ofa crash. Both Erika Lefevre and I were told by Detective Sheehan that Mathieu’s blood and paint marks from Mathieu’s bicycle were was found on the driver's side of the front bumper of the truck involved. Confirming the import of this critical evidence, the AIS accident report (attached) depicts a truck rear-ending Mathieu on his bicycle. This blood and paint evidence directly and conclusively establishes that Degianni rear-ended Mathieu with the front end of the truck, immediately below and in front of the driver's seat. Common sense tells us that the driver of a vehicle involved in such a collision must be aware that a collision has occurred. This reasoning is all the more compel case, where the truck dragged Mathieu's body an unspecified distance following the initial impact, and dragged his bicycle 100 feet or more. How could Degianni (unless impaired by fatigue or otherwise) fail to notice a collision occurring right in front of him, followed by his dragging of a person’s body and a bicycle down Meserole Street for 100 feet? We are astonished that that AIS would reject this plain evidence of a rear-end collision and a knowing flight from the scene. We have been told by you and Detective Sheehan that AIS rests its conclusion that Degianni was unaware of the crash based primarily on three pieces of evidence: Degianni’s statements denying knowledge of the crash, his display of remorse when confronted by AIS personnel with Mathieu's death, and his reportedly calm demeanor while parking his truck minutes after the crash. It seems to us that AIS has accepted Degianni’s statements and conduct uncritically, without the skepticism that professional, impartial investigators should apply under the circumstances. Please confirm whether AIS used all the means reasonably available to test the reliability of Degianni’s supposedly exculpatory statements and demeanor. In this regard, please confirm, in writing, whether steps were taken by the AIS to answer the following questions: