Nearly seven months after an Elmhurst husband and father of two was struck and killed in an Astoria collision, Queens District Attorney Melinda Katz has decided not to prosecute the driver.
On the night of April 29 at around 7:45 p.m., delivery worker Xing Long Lin was riding his motorized scooter in a designated bike lane on 35th Street near the intersection of Ditmars Boulevard, when 60-year-old Maro Andrianou, driving a 2013 Mercedes-Benz C class SUV, was struck from behind by another vehicle.
Her vehicle accelerated, pushing two other vehicles out of her path before she fatally struck Xing Long Lin. After striking the victim, the Mercedez continued to accelerate down the street, mounted the sidewalk and crashed into an outdoor dining facility.
Following a lengthy investigation by the district attorney’s office and the NYPD Collision Investigation Squad, there was “insufficient evidence to demonstrate any criminal intent of behavior leading up to the tragic death of 37-year-old Xing Long Lin,” according to a memo by Executive Assistant Attorney Daniel A. Saunders.
According to the memo, the driver of the vehicle will not be charged in the case, and the “investigation into this tragedy is closed,” as first reported by the Queens Eagle.
“The Queens district attorney’s office has prosecuted nearly 1,300 cases of vehicular crimes since DA Katz took office in January 2020, including charges of vehicular manslaughter, homicide and DUI. The DA has been steadfast in her commitment to making Queens streets safer and holding accountable those who abuse the rules of the road,” a DA’s office spokesperson said. “Each set of facts and circumstances is examined individually, and this office found no credible evidence to demonstrate any criminal intent or behavior leading up to the tragic, accidental death of Xing Long Lin.”
Andrianou remained at the scene and responding members of the NYPD’s Collision Investigation Squad found that she showed no signs of being impaired by alcohol or drugs and that she had a valid driver’s license, free of any suspensions or other blemishes, according to the memo.
Her vehicle was impounded and inspected, but the examination was hampered because the vehicle was extensively damaged by the collision on the sidewalk.
“Notwithstanding the driver’s complete cooperation with the investigation, the sudden acceleration of the vehicle and subsequent loss of control cannot be adequately explained and may have been due to a mechanical defect, as had been reported by other drivers with that make and model vehicle, or it may have been attributed to driver error,” Saunders concluded. “In any event, there is no credible evidence upon which to base a criminal prosecution and our investigation into this tragedy is closed.”