Sidewalk isn’t a dangerous instrument: judge dismisses prosecution’s argument
A New York City sidewalk was deemed an innocuous object by a Brooklyn Supreme Court judge after prosecutors tried to label the sidewalk a dangerous instrument used in an assault case.
After a night of New Year’s Eve drunken revelry, defendant Andrew McElroy hailed a cab from Manhattan to Williamsburg. An argument began between McElroy and the cab driver Key Kim, initially over the dropoff location, that then escalated to heated disagreement when defendant McElroy refused — or forgot — to sign the credit card receipt.
Kim exited the vehicle yelling after defendant McElroy, who then turned and punched Kim in the head once or twice, according to court records. Kim fell backwards, face up, onto the adjoining sidewalk. He suffered significant injuries, including severe brain injury and several skull fractures. Kim is presently on life support in a nursing home.