Victim Of Texting Haredi Driver Dies

Family attorney David Sobiloff said widow Xiu Ying Zhang, 52, and three children want prosecutors to throw the book at Rothberger, who is currently facing only misdemeanor charges and no jail time.

'Text' victim dies
By REUVEN BLAU • New York Post

A deliveryman run over by an allegedly texting driver has died -- and his grieving family wants justice.

Tian Sheng Lin, 53, died when Nechama Rothberger, 19, smashed her 2005 Toyota Camry into his scooter on Avenue P in Brooklyn on Sept. 19, authorities said.

Family attorney David Sobiloff said widow Xiu Ying Zhang, 52, and three children want prosecutors to throw the book at Rothberger, who is facing only misdemeanor charges and no jail time.

Rothberger claims she was merely texting her family after the accident, according to Leo Kimmel, the attorney who represented her at the arraignment. She told cops at the scene that she didn't see the scooter.

Mr. Lin died in late September, I believe, and was buried on October 11. This New York Post article was published yesterday.

I think the reason Rothberger is still charged with a misdemeanor is because the Chinese community is not well organized politically, but the haredi community is, and Brooklyn DA Charles Hynes is a noted coward who rarely stands up to haredim, who vote in blocs and who can make his reelection bids tougher.

I think Rotherberger should be charged with depraved indifference, which is Murder 2, or Manslaughter 1.

Hopefully, as more light is shined on the DA's behavior in this case, the charges will be modified to properly reflect the crime Rothberger committed – killing a human being.

[Hat Tip: CS.]

Comments

[ruthie]

oh! this is not good.

[Office of the Chief Rabbi]

The discussion on VIN centers around how bad drivers the scooter delivery people are.

[Shmarya]

The discussion on VIN centers around how bad drivers the scooter delivery people are.

Even though this one was struck from behind by a texting driver. And that says a lot about haredim, I think.

[Menachem Mendel lll]

"Rothberger claims she was merely texting her family."

The heartbroken and grieving family of Xiu Ying Zhang Z"L merely claim their loving father, husband, provider and friend was senselessly murdered by an indifferent 19 year old Jewess who was more interested in her party schedule and clothing than the life of a hard working, law abiding defenceless immigrant.

[sk]

Had the texting driver not been an Orthodox Jew, this story would not have appeared on this blog. It's just another opportunity for Shmarya to bash the Orthodox. And yes, my heart goes out to the delivery driver's fmaily.

[Shmarya]

Had the texting driver not been an Orthodox Jew, this story would not have appeared on this blog. It's just another opportunity for Shmarya to bash the Orthodox. And yes, my heart goes out to the delivery driver's fmaily.

Please.

I report about the Orthodox community. Of course I would report this story.

Are you critical of Orthodox blogs for posting it? Or just critical of me?

[WoolSilkCotton]

Was the scooter driver obeying all traffic laws and driving safely? Was the scooter's tail light working? If the answer to any of these is 'no', then Lin contributed to his own death, distasteful as such a statement may seem. If you live in NYC, you are all-to-familiar with how delivery guys on bikes and scooters drive. Just do a Google search and see how many accidents are caused each day by such delivery men.

Look at the recent Jimmy Leyritz acquittal.

http://sports.espn.go.com/mlb/news/story?id=5829184&campaign=rss&source=ESPNHeadlines

"...The crash happened after Leyritz had been out at local nightspots [drinking] celebrating his birthday. Veitch [the victim], who had gone out to other bars after work, also was drunk...expert witnesses also said Veitch's lights may have been off..."

Where is the proof that she was texting while driving just prior to hitting him? That remains to be seen. Her lawyer claims she wasn't. Let him bring evidence to court.

If she is only facing misdemeanor charges and no jail time, maybe the court knows more about the details than you do.

It's not always a conspiracy of the all-powerful orthodox Jews of Brooklyn screwing the world around them. Sometimes it is, and I'll slam them as much as anyone else here.

The legalities need to be played out based upon evidence, testimony, etc. without the ethnic/religious baggage which seems irrelevant.

Of course Lin's family is angry, and understandably so. That's why we don't have family members for either side on the bench or on the jury.

[WoolSilkCotton]

If Jimmy Leyritz was an orthodox Jew, what would Shmarya's reaction be?

[Shmarya]

Posted by: WoolSilkCotton | November 22, 2010 at 10:01 AM

Please.

As you have been repeatedly told, police and traffic accident investigators have shown the accident was Rothberger's fault, N-O-T Mr. Lin's.

Now stop blaming the victim.

[WoolSilkCotton]

So why bother with a trial, if the police and traffic accident investigators have already shown it was her fault?

Is the defendant allowed to hire her own investigators, expert witnesses to review what the police said they found, and an attorney to defend her as allowed by the legal system?

Since she is only facing misdemeanor charges and no jail time, is there a possible explanation other than being part of the all-powerful orthodox Jewish community of Brooklyn? Any possibility at all that she has a case in her defense?

[Carpe Diem]

Posted by: Shmarya | November 22, 2010 at 10:05 AM

WoolSilkCotton, "you have been repeatedly told..."

The nerve of WSK not to feel duly chastised.

[Shmarya]

Is the defendant allowed to hire her own investigators, expert witnesses to review what the police said they found, and an attorney to defend her as allowed by the legal system?

Of course she is.

And the proper place to do this is in a court of law facing the charge she deserves: Murder 2 or Manslaughter 1.

[Mr. Apikoros]

I don't know what happened here, if this girl is or is not telling the truth.

But before we all jump to conclusions, it was shown pretty conclusively that Jim Leyritz had the light and the woman who died ran into him. She was also even drunker than Leyritz was.

And, unless you want to make up your own laws, Shmarya, the only thing this girl would be guilty of is causing an accident. Not manslaughter, or even criminally negligent homicide. Let the Lins sue and win in civil court.

[Shmarya]

the only thing this girl would be guilty of is causing an accident. Not manslaughter, or even criminally negligent homicide.

Wrong.

Texting while driving is depraved indifference to human life and she could – and should – be charged with Murder 2 or Manslaughter 1.

[effie]

In my state, there is misdemeanor vehicular manslaughter. And police accident reconstructions are not always correct. However, both sides will have their experts and they can battle it out.

[WoolSilkCotton]

So why don't you contact the Brooklyn DA's office and voice your concerns? Or maybe a letter or e-mail?

http://www.brooklynda.org/

Didn't the prosecutors ask for the most serious charges? And why weren't they imposed? The all-powerful frumma velt of Brooklyn strikes again? No other possible explanation?

Is police evidence always infallible? Can an accident victim be held partially liable in his own demise?

Is the Chinese community of NYC not well organized politically?

http://www.gothamgazette.com/article/immigrants/
20090120/11/2796

http://ccbanyc.org/eindex.html

Jimmy Leyritz was driving drunk. Raced through a yellow light turning red. Hit another car with a mother of two children. She was driving on green light, but was also drinking that night, and her lights weren't on.
He was found not guilty, and settled with her family for $350,000.
No comparison to this story?

[Shmarya]

Didn't the prosecutors ask for the most serious charges? And why weren't they imposed?

The charges were filed while Mr. Lin was still living, I believe within a day of the accident. They have not yet been amended.

Is police evidence always infallible?

Please.

It is up to a court and jury to decide teh credibility of evidence.

Can an accident victim be held partially liable in his own demise?

Yes – if the evidence supports it.

In this case, it does not.

Is the Chinese community of NYC not well organized politically?

It is not, compared to the haredi community.

[WoolSilkCotton]

Have you reviewed the actual police reports, or just going by the NY Post reporter's version?

Did he review the report in detail, or just skimmed through enough to write his story?

"It is up to a court and jury to decide the credibility of evidence."

But you've already decided. YOU saw her cell phone and the log of texting, correllating the timing of the messages with the exact time of the accident. YOU know for a fact that Lin was obeying all laws, and his scooter's lights and brakes were in perfect order.

Where is her cell phone now? Who has reviewed the timing log of her texts? What is the exact timing of her texts, and what is the exact time of the impact? Her attorney claims she didn't text at the time of accident. Let him prove it. And let the cops prove what they claim.

And let's see the investigation of how Lin was driving that night, and whether his scooter was in proper working order. So far, nothing from the police report about it. And no independent investigation by the defendant's side.

It makes for good NY Post headlines to say 'texting while driving causes deadly accident'. As if the NY Post never gets it wrong.

Ask any orthodox Jews in Brooklyn about the political power of the Chinese community.

[A. Nuran]

She showed a "callous or depraved disregard for human life" taking actions which she knew or should have known could cause the death of an innocent. That's manslaughter or negligent homicide at least. It would not be murder since she was neither committing another felony at the time nor did she intentionally hit him.

Her religion has nothing to do with the severity of the crime.

[shimon baum]

We all know this girl is getting off not saying she should but they won't ago anywhere wtih this. Will this hurt her shidduch prospects probably not. My friend went out with a girl who hit a kid riding a bike nothing was done.

[Shmarya]

Posted by: WoolSilkCotton | November 22, 2010 at 11:18 AM

Please.

Check every post about this accident and it is absolutely clear you hate Chinese deliverymen.

Again, the validity of the police reports and the evidence is for a JURY to decide.

It is the obligation of Charles Hynes to give a jury that chance.

Now run along and tell yourself you're not a bigot.

[Shmarya]

She showed a "callous or depraved disregard for human life" taking actions which she knew or should have known could cause the death of an innocent. That's manslaughter or negligent homicide at least. It would not be murder since she was neither committing another felony at the time nor did she intentionally hit him.

I believe in NY State, "callous or depraved disregard for human life" that results in death is Murder 2.

[WoolSilkCotton]

Now you're using the frumma technique of launching a smear attack on the person you disagree with and trying to discredit him (me).

My opinions about Chinese delivery men, PETA, unions, Obama, and the Democratic Party are irrelevant to the facts of the case. They may affect my opinions on this case, but they do not affect the facts of what happened that night.

Kindly address the questions and issues I raise. If those questions are wrong, or if you disagree with my opinions, just say so and what your viewpoint is, and what evidence you have to support your viewpoint.

Regarding my 11:18 post, you chose to attack my opinion of Chinese delivery men. As if that has anything to do with what actually happened that night.

[Lawrence M. Reisman]

"Callous or depraved disregard for human life" is a very big stretch. However, midememanor-manslaughter (where a person dies during the intentional commission of a misdemeanor, the perpetrator is guilty of manslaughter) shouls be a slam-dunk.

[Shmarya]

Kindly address the questions and issues I raise. If those questions are wrong, or if you disagree with my opinions, just say so and what your viewpoint is, and what evidence you have to support your viewpoint.

She was texting while driving, meaning she is criminally negligent. She struck a man on a scooter. The man died from his wounds.

Those are the facts as we know them reported by NYC papers from police sources.

Now, again: It is for a jury to decide the veracity of these facts. The people of NYC and the victim's family deserve no less – despite whatever tripe to the contrary some might post.

[Sam]

++I think the reason Rothberger is still charged with a misdemeanor is because the Chinese community is not well organized politically, but the haredi community is, and Brooklyn DA Charles Hynes is a noted coward who rarely stands up to haredim, who vote in blocs and who can make his reelection bids tougher.

I think Rotherberger should be charged with depraved indifference, which is Murder 2, or Manslaughter 1.

Hopefully, as more light is shined on the DA's behavior in this case, the charges will be modified to properly reflect the crime Rothberger committed – killing a human being.++

Thank G-D you are not a DA. If you can conclude solely from the basis of a few newspaper reports (one that you concede is factually wrong on at least one fact statement) that Murder 2, or Manslaughter 1, is the appropriate charge then you should really stop putting in your two cents.

On the other hand, if you stated that you read transcripts of witness interviews, the driver's interview (perhaps multiple), and examined any other evidence in the record, and came to this conclusion on the basis of that evidence, i would be inclined to believe you.

As it stands now, your comments are no better, or more reliable reliable, than those being made on VIN.

[itchiemayer]

From the time this incident was first reported on this blog, I have felt Shmarya was way too harsh on this young woman. In the worst case scenario that this woman was texting and that caused the accident, then she has made a horrible and tragic mistake. As I wrote about this originally, I recently caused a three car accident due to my talking on the cell phone. It was absolutely stupid on my part and I'm in my mid-forties. I was lucky and three cars were taken away by toe truck, but no humans by ambulance. I have far more compassion for her than I have ever had for Rubashkin. She may be legally an adult, but she's still a kid!

[What kind of goyishe name is Harold?]

I feel sorry because I sort of know how it feels. I hit a man while I was texting in Brooklyn and although he did not die (yet), he started acting strangely. His name is Kolko. Hopefully he will die soon and I will be able to better feel the pain.

[WoolSilkCotton]

++ itchiemayer | November 22, 2010 at 12:37 PM++

Itchie, kudos.

Those of us with kids that age have a different perspective than those who don't.

Those of us who have gotten into a car accident because we were distracted by some foolishness also have a different perspective than those who don't.

[Carpe Diem]

WSK - you've been repeatedly told, and will continue to be told, to just stop; kinda like the British Bobby who told the escaping criminal, "stop or I'll say stop again".

[A. Nuran]

I don't buy it, Itchie. If your carelessness had caused people to die you shouldn't have gotten off because it was "a tragic accident". In that hypothetical case or hers the blame is squarely and completely on the shoulders of the driver. Compassion is one thing. Saying that since you did the same thing she should get off is repulsively irresponsible.

If you had been drunk would you say "It's a shame I had a few drinks. But give me a break. It's not like I wanted to run them down"?

[No Light]

Some of you are such racist idiots that I feel tainted by your chillul
Hashem, I need a shower to wash it off. Whether she meant to hurt
anyone or not is IRRELEVANT. She killed a working man, rendered his
children fatherless and his wife a widow. But hey, he was only a
dirty goy, don't worry about him! Instead say tehillim for the poor
frumma maidel while making excuses as to why Mr Lin deserved to die.
And if you live near her and she walks free, just remember that your
families could be next if she gets an important text about a boy, or
the latest 5T gossip. Maybe a dead yid kid or twelve will make you
see that she's a danger on the roads.

[itchiemayer]

A. Nuran - I never said she should get off scott free, not at all. However, she certainly isn't a monster. I never wrote that she should "get off". It is "repulsively irresponsible" of you to misrepresent what I wrote. Do you often make things up out of thin air?
WSC - Thanks!

[WoolSilkCotton]

Carpe, LOL!

Nuran, I don't think Itchie is saying she should get off.

Thank G-d Itchie's accident did not result in anyone getting hurt. I'm sure the vehicular damage cost him plenty, directly and indirectly (i.e. higher insurance premiums).

[anotherjew]

you stoop so low just to bash haredim! for gods sake, this is a 19 year old girl we're talking about! imagine she was your daughter- she obviously did the wrong thing, but to say she deserves to be treated like a murderer?! how transparent can your haredi-bashing be! when you go jail shmarya i hope that the "hooked-up" jews will let you rot.

[itchiemayer]

Correct, WSC....the silver lining was it that I used it in the speech I gave at my son's Bar Mitzva. I spoke about Kiddish Hashem and chillul Hashem. There I was just having caused an accident, yarmulke and all. I believe in the emes at all times. I apologized to each driver, and took full responsibility. I am very lucky, and I have only Hashem to thank. I believe I averted the desecration of God's name, and perhaps to some small degree created a sanctification of it.
By the way, in my earlier post I meant to write "tow truck" and not "toe truck". B"H everyone kept their toes!

[.]

she could use a shower - her hair looks oily

[BaltimoreYid]

Between the texting and the phoning going on while driving (here in Baltimore) I cringed when I read this piece. There's no doubt in my mind that some putz car pool driver will cause a tragedy in the not so far future.

[A. Nuran]

If I misunderstood I apologize for the mistake.

[Menachem Mendel lll]

B"H justice will prevail and Miss. Rothberger will be convicted of manslaughter for the murder of an innocent hard working man who immigrated to America to make a better life for his family.

May Ha'shem send a clear message that his "chosen people" are not above the law to do as they please with reckless disregard for human life.

Moshiach Uber Alles!

[Dovy]

It looks to me like she has a smirk of sorts on her face.

[hr]

rothberger is lucky the accident did not happen in long island . because here, the D.A do not take those cases lightly, especially when there is death , moreover if the dead man has a family and children.

here, she would have been charged with attempted murder and definitely got jail term.

the chinese fam should get a lawyer.
in china town, they do have community
help . they do have help thru the church,
too. they should know where to go.

[itchiemayer]

Apology accepted, and I apologize for my wise a** response.

I wish people would stop commenting about her appearance. It is inappropriate.

[WoolSilkCotton]

I doubt if the family was prepared for, or in the mood for, a portrait for the family album.

The news photographers also look for a shot to make you look as bad as possible. If you've read Bonfire of the Vanities, you may remember the photographers' harassment techniques to make you look angry.

[Shmarya,loves drinking jewish blood]

Shmarya,you dirty rat,you piece of human garbage,what does 'chareidi' have to do with the accident? you realy love drinking chareidi blood don't you.i hope that one day you choke on it and die a painfull death

[Menachem Mendel lll]

Shmarya,loves drinking Jewish blood

Temper.
Temper.
Temper.

What's with the cruising?
What's with the anger?
What's with the rage?

Where is your Ahavas Yisrooooel?

Is this your idea of Tikkunay Haolamim?

Once you regain your composure may I suggest you read Leviticus 19:17 with commentary from Rambam to get in sync with how to speak to a Jew regardless if you agree with him or not.

It is not too late to change you path in life and help bring the coming of the Moshiach through mitzvehes!

[A. Nuran]

I'm guessing she'll be threatened with a murder charge and wind up standing trial for negligent homicide or the NY equivalent. Her chances of being offered a plea bargain are pretty good.

[Mr. Apikoros]

Texting while driving is "depraved indifference to human life..." Shmarya.

That's your opinion. It's not the law.

From what esteemed law school did you get your degree? Harvard? Yale? Were you Law Review there?

Texting while driving in NY, as in all other states which even have laws against it (not many) is an offense. IN NYS it's a zero-point offense. It's not even a misdemeanor. If it's found she was texting while driving, she can be charged with negligent driving, no more. It doesn't rise to the level of "depraved indifference" as drunk driving generally does.

[WoolSilkCotton]

Texting while driving in NY carries a fine of $150.

It is absurd to think she will be tried for anything involving 'depraved indifference'. If she was indeed texting while driving, it's probably negligence. It was a tragic accident by an inexperienced driver who was distracted. Happens every day, and nobody goes to jail.

A frightened kid who feels horrible about what she did, no record whatsoever of difficulties with the law- most likely there will be an insurance settlement, maybe extra money from her family to the victim, license suspension requiring a remedial driving course, maybe community service. It is inconceivable that there would be jail time.

Press conferences with public apologies to the victim's family might satisfy Shmarya's cravings, but they are otherwise meaningless. All that counts is what is said in court.

[Shmarya]

Posted by: WoolSilkCotton | November 23, 2010 at 08:58 AM

Please.

Texting while driving is illegal, no matter the penalty.

Killing someone while committing that crime raises your "accident" to manslaughter or homicide.

[WoolSilkCotton]

At worst, it's a Class E felony. More likely, the case will be settled as a misdemeanor.

There will be no jail time, and it will be settled without trial.

And her religion has nothing to do with it.

http://ypdcrime.com/penal.law/article125.htm

[Mr. Apikoros]

Shmuckya, I hate to disappoint you, but you don't make the laws.

God help us if you ever do.

[Shmarya]

At worst, it's a Class E felony.

Criminally negligent homicide – "at worst" you say.

No jail time?

I think society needs a deterrent to her behavior, and I think most New Yorkers agree.

[Mr. Apikoros]

Yeah, but "There oughtta be a law" isn't the law.

[angelsAdvocate]

i can't wait fow the day they lock shmarya up. we'll make a yom tov out of it and shmarya's name will be shunned as Shabsai tzvi! i can't wait

[Mr. Apikoros]

This lawyer can lobby for "Zhang's Law" all he wants but this girl cannot be prosecuted for anything other than negligent driving, as "Zhang's Law" (if passed) would be ex post facto as it applies to her.

Seems as though the main impetus to vilify her comes from the fact that she's orthodox.

[No Light]

I notice that not one of you Rotherberger-apologist schmucks addressed my comment.

Racist, filthy scumbags the lot of you. I bet the response would've been oh-so different if the victim had been one of the community's precious kinderlach, and not some poor, hardworking immigrant.

[WoolSilkCotton]

No Light,
Most of the time, when it's Jew vs. Other Ethnicity in an untoward engagement in NYC, the Jew gets the role of victim. And usually there are no headlines.
Exceptions such as the Ari Halberstam or the Yankel Rosenbaum cases made headlines because they were a part of another story that got the public's attention.

Her being Jewish, or orthodox, has nothing whatsoever to do with what occurred that fateful evening. It also has nothing to do with her right to legal representation. It also has nothing to do with the Lin family's right to pursue justice and compensation through the criminal and civil court systems.

[Mr. Apikoros]

Nothing like conviction before trial, No Light.

A plaintiff's lawyer is hardly judge and jury.

[WoolSilkCotton]

Mr. A, villifying her because she's orthodox is 'Shmarya's Law'.

What exactly makes her 'haredi', as per the headline of this thread? I read somewhere that her family is orthodox. Her father is a physician. How was it concluded that she's 'haredi'?

[Shmarya]

How was it concluded that she's 'haredi'?

Neighbors who went to the same schools and same shuls said so.

[Shmarya]

Mr. A, villifying her because she's orthodox is 'Shmarya's Law'.

I'm "vilifying" her because she was texting while driving, killed a man, and has shown no remorse.

[Mr. Apikoros]

She claims she only texted after the accident.

Until proven otherwise, I'll accept her statement at face value.

[Mr. Apikoros]

There is a recent arrest of a boy living in Forest Hills who, while driving without a license, hit and seriously injured a male pedestrian and then fled the scene.

The kid involved in this case is a Bukharin Jew, and not Haredi, so you'll never read about it here.

[Even Stephen]

I know no details regarding this accident, but I'm familiar with Nechama. Nechama is a very sweet young lady who is a volunteer for Chai Lifeline, an organization that provides services to to chronically ill and terminal children in our community - from the non-observant to haredi. She is known among her friends to be a responsible and kind individual. Those who know her and have driven with her, say that they cannot remember a time, other than this one, that she has texted behind the wheel.

My daughter is chronically ill and has been helped by Nechama. Nechama took my daughter through TSA security lines in a wheelchair and made sure that all of her needs were attended to while on the same flight.

It's terrible that this accident occurred. There are no winners here. But let's try to show some compassion for all involved, even if she made a stupid mistake which cost a person his life. Despite the flippant racism expressed in some of the comments here, I know that Nechama will relive the horror of her misdeeds the rest of her life, even if she is not successfully sued by the victim's family.

I'm a YU boy, and not a haredi. I visit this site regularly to read about others who have been victimized by so-called Rabbis like I was as a youth. So I have my axes to grind, just not with Nechama

[dee]

after reading these comments i must say u jews are fucking ass holes, thats why no one likes you mother fuckers fuck the nyc jewdicial system

[dee]

funny they used a lawyer known for defending child molesters and child abusers