New Details Emerge In Indictment Of Driver Charged In Death Of Victoria Nicodemus

Brooklyn District Attorney Ken Thompson announced today that the driver charged with killing Victoria Nicodemus was arraigned and has been indicted on charges of manslaughter, criminally negligent homicide, and more.

39-year-old Marlon Sewell of Brownsville was arraigned in Brooklyn Supreme Court before Judge Elizabeth Foley, according to prosecutors. Sewell was driving his Chevy Suburban without a license on December 6 when he hit Nicodemus and two other pedestrians in front of Not Ray’s on Fulton Street. Sewell was indicted last month.

“At trial, we will prove that the three victims were just walking on Fulton Street when the defendant, through his reckless actions, drove his car onto the sidewalk striking them all and killing Ms. Nicodemus,” said Thompson.

The New York Post reports that:

While Sewell, 39, originally told cops there was a gas leak in his car that caused him to lose consciousness, his lawyer, Niamh O’Flaherty, disputed that.

“He was devastated, had no idea what had happened and made a series of statements to police following the incident,” she said.

“This was a terrible accident, he was devastated,” O’Flaherty continued. “He immediately called 911, and he started going to therapy afterwards.

“This is a hard-working, church-going family man, who doesn’t even own a passport. He’s not a flight risk,” she said.

The distraught-looking father of six clutched a towel nervously as he was indicted on a slew of charges– including driving on the sidewalk, failure to yield, and second-degree manslaughter.

His wife was comforted by a friend as she sobbed in the pews across from Nicodemus’ stoic-looking family.

According to prosecutors, the full list of charges is:

• manslaughter
• criminally negligent homicide
• second-degree assault
• second-degree reckless endangerment
• reckless driving
• third-degree aggravated unlicensed operation of a vehicle
• failure to yield right-of-way
• driving on sidewalks
• four counts of third-degree assault

Foley suspended Sewell’s driver’s license and told him to return to court on August 31, according to the New York Post.

In May, Nicodemus’ brother, Hank Miller, posted a petition on Change.org, seeking a grand jury investigation into his sister’s death.

There was a vigil for Nicodemus in December and her family has been outspoken in promoting greater pedestrian safety.