On July 26, 2011 at 8:02 a.m., Patrolman Alexander Lanza was dispatched to the area of Chestnut Street and West Lincoln Avenue on the report of a dispute. Patrolman Richard Hernandez and Sgt. Aldo Consentino also responded. One (1) of the males, a 41-year-old who was the pedestrian involved in the dispute, stated that he was crossing in the marked crosswalk on Chestnut Street westbound to West Lincoln Avenue. He stated that he was struck by a silver Ford driven by a 63- year- old male as it made a left from West Lincoln Avenue onto Chestnut Street. The pedestrian stated that he was struck by the front of the vehicle then jumped out of the way and was struck a second time. The pedestrian stated he pushed himself away from the vehicle, stating that while doing, so his hand made contact with the partially open window and shattered it.
The vehicle’s driver stated that he observed the pedestrian crossing the street and stated that he continually waved him on. He stated the pedestrian “took a few steps then stopped, then took a few more steps then stopped”. He then stated the pedestrian then approached his vehicle, began yelling at him, and punched the driver’s side window until it subsequently shattered. The driver was explained the municipal court complaint procedures concerning criminal mischief. The driver sustained small lacerations to his face caused by broken glass. The pedestrian sustained lacerations to his right hand caused by broken glass. Both parties refused medical attention.
A witness stated that she observed the incident while standing on the east side of the train platform above Chestnut Street. She observed the vehicle strike the pedestrian twice while he was walking in the crosswalk. She stated that she then observed the two males in a verbal dispute observing the pedestrian approach the driver side of the vehicle and began to repeatedly punch the window but did not see the window break.
The driver was issued a motor vehicle summons and charged with 39:4-36(a)(1) (failure to yield to pedestrian).