NEW YORK - A state legislator is proposing a “Good Samaritan Law” that would allow a violent crime suspect to be charged in the death or injury of an innocent person - even if the defendant does not directly cause the harm.
Sen. Eric Adams told a news conference Saturday that his bill is named for Flonarza Byas, a young man who was fatally stabbed while trying to help a robbery victim on a Harlem street earlier this month.
The Brooklyn Democrat stood outside 1 Police Plaza with members of the Byas family to announce the “Flonarza Byas Good Samaritan Law.”
Subway conductor Maurice Parks was stabbed on Jan. 10 while fighting off a group of young assailants later arrested on robbery charges.
The 39-year-old Parks, who had a previous incident of fighting back when attacked on the streets, apparently pulled his own knife during the mugging, police have said. He spent 10 days in the hospital after the attackers stabbed him in the stomach.
Byas, a presumed bystander, was fatally stabbed. Police have not determined whose knife killed Byas.
Sharif Simmons, 22, turned himself in to police earlier this week after he was indicted on robbery charges.
Two other adults and a juvenile were charged in connection with the robbery and stabbing.
Simmons was released on $50,000 bail and ordered to return to court on Feb. 20.
Adams, a retired NYPD captain, introduced his bill in Albany on Friday.
It is to be proposed to the state Assembly on Monday by Assemblyman Hakeem Jeffries, also a Democrat from Brooklyn.
State law provides for a felony murder charge if a defendant's acts while committing a crime are directly responsible for the death of an innocent person.
But Adams said there is no provision for charging the perpetrator if the innocent person is accidentally killed by the victim, or someone else, in the course of a crime.
In his bill, the charge in such a case would be manslaughter, or a lesser charge for injury.
“We have a void in the law, for future cases, and we need to address that,” Adams said.
“This was a violence action that caused an innocent person to be killed. It wouldn't have happened otherwise.”
The Brooklyn Democrat stood outside 1 Police Plaza with members of the Byas family to announce the “Flonarza Byas Good Samaritan Law.”
Subway conductor Maurice Parks was stabbed on Jan. 10 while fighting off a group of young assailants later arrested on robbery charges.
The 39-year-old Parks, who had a previous incident of fighting back when attacked on the streets, apparently pulled his own knife during the mugging, police have said. He spent 10 days in the hospital after the attackers stabbed him in the stomach.
Byas, a presumed bystander, was fatally stabbed. Police have not determined whose knife killed Byas.
Sharif Simmons, 22, turned himself in to police earlier this week after he was indicted on robbery charges.
Two other adults and a juvenile were charged in connection with the robbery and stabbing.
Simmons was released on $50,000 bail and ordered to return to court on Feb. 20.
Adams, a retired NYPD captain, introduced his bill in Albany on Friday.
It is to be proposed to the state Assembly on Monday by Assemblyman Hakeem Jeffries, also a Democrat from Brooklyn.
State law provides for a felony murder charge if a defendant's acts while committing a crime are directly responsible for the death of an innocent person.
But Adams said there is no provision for charging the perpetrator if the innocent person is accidentally killed by the victim, or someone else, in the course of a crime.
In his bill, the charge in such a case would be manslaughter, or a lesser charge for injury.
“We have a void in the law, for future cases, and we need to address that,” Adams said.
“This was a violence action that caused an innocent person to be killed. It wouldn't have happened otherwise.”
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