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What you need to know for 11/19/2017

Garbage truck driver faces 19 citations in Albany fatal accident

Garbage truck driver faces 19 citations in Albany fatal accident

Albany police on Wednesday filed 19 citations against the garbage truck driver who struck and killed

Albany police on Wednesday filed 19 citations against the garbage truck driver who struck and killed a 4-year-old boy walking with his mother last February.

Police filed the citations, including failure to exercise due care and failure to yield to a pedestrian in a crosswalk, at the conclusion of their nearly year-long investigation into the case involving driver James P. Kelly.

Police received assistance from state police in doing their investigation, police spokesman Officer Steven Smith said.

None of the citations rise above the level of violations.

“It was an extremely tragic incident, but nothing rose to the level of a crime,” Smith said.

Many of the citations relate to deficiencies to the garbage truck, not necessarily the accident.

Ashiqur Rahman, 4, died in the Feb. 12, 2015, accident, struck by an ICS Waste & Recycling garbage truck driven by Kelly.

Ashiqur crossed Central Avenue — inside the crosswalk at Quail Street — holding hands with his mother when the garbage truck hit them at about 8:30 a.m. that day.

Paramedics took Ashiqur to Albany Medical Center, where he died. His mother, Moriam Akther, also suffered injuries but survived.

Kelly is accused of failing to yield the right of way to the mother and boy when turning left from Quail Street onto Central Avenue west.

Kelly’s failure to ensure the crosswalk was clear before turning resulted in the victims being struck, police concluded.

The boy’s family later filed a wrongful-death suit against Kelly and ICS Waste & Recycling. The lawsuit remains pending, family attorney Perry Silver said Wednesday afternoon.

The family contends Kelly and ICS caused the crash through negligence and carelessness. They also make a list of claims, including unsafe driving and disregarding traffic control markings or devices.

Asked about the investigation, Silver said he believes police and prosecutors investigated completely.

“I’m very satisfied with the job that they did,” Silver said.

He said Ashiqur’s family is doing as well as can be expected.

“You never get over something like this,” Silver said. “What can I say? It’s sorrowful, it’s very sorrowful.”

Kelly is due in Albany City Traffic Court on Feb. 1.

Reach Gazette reporter Steven Cook at 395-3122, scook@dailygazette.net or @ByStevenCook on Twitter.

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