Driver is sentenced to six months for deadly hit-and-run
“I can’t help but think that there is no punishment that could make up for this,” said John Ogren to his cousin’s killer, Tariq Witherspoon, at sentencing.
On May 17, 2023 Judge Danny Chun sentenced Witherspoon to six months in prison and subject to five years of probation on his release for pleading guilty to the criminally negligent homicide that caused the death of Matthew Jensen on May 18, 2021.
At the time of the incident, it was reported Witherspoon was speeding, estimated at twice the speed limit, while driving a borrowed BMW when he hit Jensen. Witherspoon did not stop after the collision.
Hit-and-runs are deemed cowardly enough, but when the driver is an EMT by profession with over a decade of experience this adds another level to the spinelessness of such an offense.
Impact statements from Jensen’s family and friends to Witherspoon on the day of his sentencing addressed this dereliction of duty.
“That he was someone who had the skills and knowledge to help Matty makes it so much more painful,” said Deighna DeRiu, lifelong friend of Matthew Jensen.
“How could you leave the scene? One of the most devastating moments in our lives was finding out what you did for a living. How could you abandon him there?” said Ogren
Witherspoon was involved in other incidents of reckless driving previous to the McGuinness hit-and-run. One that occurred in 2017 involved striking a cyclist with the ambulance he was driving near Woodhull Hospital.
Shortly after Witherspoon’s February 2022 arrest, Brooklyn District Attorney Eric Gonzalez said, “Matthew Jensen was a beloved teacher at P.S. 110 who is sorely missed by his students, co-workers, friends, and family. We will now seek to bring this defendant to justice for his alleged actions, which left a community heartbroken.”
Jensen’s last night was one of celebration. He was walking home after leaving a family gathering for his birthday and Norway’s Constitution Day.
While he lived, Jensen brought joy and nurturing to those he loved, taught, and met in passing.
Lisa Summa, longtime friend of Jensen’s, recalled an example of his dedication as a teacher, “He made poppies with his ESL class every year to celebrate Veterans Day. It was important for him to teach them the meaning and significance of the holiday.”
At the news of Jensen’s death, students, parents, and fellow teachers sung his praises and conveyed the heartbreak of his loss at rallies for a safer McGuinness. Community and elected officials joined in an effort to prevent future tragedies like this from occurring.
On June 11, 2021 safety improvements began to be implemented on McGuinness Boulevard. These have continued through the present and will extend into the future with the recent release of the NYC Department of Transportation’s plan. Through the tragedy of his death, Jensen has inspired lasting changes that will continue to benefit his community. In particular, the Bayard Street crosswalk where he was killed, one of the more dangerous crossings on McGuinness Boulevard, is to be made much safer according to new NYC DOT plan.
Around twenty of Jensen’s family and friends attended Witherspoon’s sentencing to convey to him the severity of the loss that resulted from his negligent actions. Before the sentence was read, they read their impact statements.
“Nothing can bring Matt back or fill the gaping hole this has left in the lives of so many people, but we would have hoped for a sentence that reflects the severity of the crime. He was driving recklessly, hit Matt and left him to die. It’s unforgivable. Six months is a slap on the wrist, for someone’s life,” said Summa.
Pamela Jensen, Matthew’s older sister said, “My memories of Matthew are vast and deep and almost too painful to reach. My memories of him are accompanied by the image of him dead in the road.” She went on to say this image doesn’t leave her and is especially strong when she hears the sound of a speeding car.
Several others stood up and spoke.
Judge Chun offered Tariq Witherspoon the opportunity to respond before his sentence was read. Witherspoon said no.
There are many elements that influence the length of sentence: level of offense, past arrest record, the wishes of victims or surviving families, what the judge may approve based on sentencing guidelines, etc.
A Wall Street Journal study published in 2014 revealed that only 5% of drivers who caused fatal crashes were criminally charged. (Out of 1,298 fatal crashes in NYC between 2008 and 2012, just 66 drivers were arrested under vehicular homicide laws.) Many people think stricter laws and severer sentences could be a deterrent to fatalities caused by reckless drivers. Others think the laws are fine and that pedestrians and cyclists should be more careful.
When asked about what determined the six-month length of Witherspoon’s sentence, a spokesperson for the Brooklyn District Attorney’s office stated, “Our Street Safety Bureau will continue to work with the families of vehicular violence victims to get them justice under the law. This disposition honors the wishes of Mr. Jensen’s relatives that the defendant accept responsibility for his criminal conduct and receive an appropriate period of incarceration. While no sentence can undo the harm of an innocent life cut short, we hope that this resolution brings Mr. Jensen’s loved ones some measure of closure for their tremendous loss.”
On the same day of Witherspoon’s sentencing, The Brooklyn District Attorney’s Office published a press release informing of the indictment of a driver for manslaughter who allegedly ran a red light and caused a car crash that left two people dead and five injured on March 20, 2023 in Bensonhurst.
Please be careful and take care of each other out there.
The Greenline 