Mario Rosario was sentenced on Thursday, April 20, by Bronx Supreme Court Justice Linda Poust-Lopez to five years’ probation and 500 hours of community service for his plea to criminally negligent homicide in the death of his son, 4-year-old Mario “Mjay” Rosario, as the two rode on a scooter and crashed into a car on August 15, 2022, as reported by Norwood News at the time. Police said the child had not been equipped with a helmet at the time of the collision.

 

In the context of the announcement, Bronx District Attorney Darcel D. Clark said, “The loss of 4-year-old ‘Mjay’ devastated the entire family. Mr. Rosario stands convicted of a felony, and he will have to cope with this tragedy for the rest of his life. The outcome in the case was the result of carefully considering many factors, which include consulting the boy’s family throughout the process.”

 

Representatives for the family had previously gone on the record saying in part that it was unfortunate that “the killer of 4-year-old Mario “MJAY” Rosario” would be sentenced to probation “after killing his son.” They said both the Mayor of New York Eric Adams and Rep. Adriano Espaillat (NY-13), who represents parts of the Fordham Manor neighborhood in The Bronx, where the accident took place, as well as parts of northern Manhattan, had expressed their condolences and had said they wanted to prevent similar future tragedies.

 

“So, the question before us is how does a person get probation after killing a 4-year-old child?” advocates for the family said. They added that Espaillat had said of the accident, “My heart breaks for the Rosario family and all involved in this tragic accident. Mario Rosario should still be alive. I will continue to advocate for safer street infrastructure, and support local law enforcement to prevent similar future tragedies.”

 

The NYPD had previously confirmed to Norwood News that the scooter driver’s “criminal possession of stolen property” charge pertained to a scooter that was being driven by the boy’s father at the time the accident occurred.

 

Acknowledging the recent implementation of the 24/7 speed camera law which came into effect in August 2022, Norwood News asked Mayor Eric Adams during an unrelated press conference held at Bronx Community College on Aug. 15, 2022, if he had any comment on how traffic safety could be further enhanced to mitigate against such tragedies.

 

Referring to the problem of illegal scooters across the City, the mayor said at the time, “As you know, we have been doing a series of initiatives to remove the illegal bikes off our roads, taking hundreds off; this is why we are doing it.” Of the young fatal victim, Adams added at the time, “To lose that 4-year-old baby that way is horrific. I saw the video. It really tore my heart to see that baby die in that fashion. That is why the [NYPD] commissioner [Keechant Sewell] and Chief [Jeffrey] Maddrey; they have been so aggressive to remove these illegal bikes off our roads, and it’s just really unfortunate that something like this had to happen to a child.”

 

Mario or “MJAY” was described in his obituary as “a happy little boy who loved swimming, riding his scooter super-fast, motorbikes, and collecting flowers for his mom.” Born on June 28, 2018, in Poughkeepsie, Mario or “MJAY” was the loving son of Najera Roberts and Mario Rosario, according to his obituary, which continued, “He was smart and outgoing, and truly adventurous – nothing scared him.”

 

On Sunday, Aug. 14, at approximately 9.20 p.m., police responded to a 911 call regarding a vehicle collision in the vicinity of 193rd Street and Bailey Avenue, located in the 52nd Precinct.

An NYPD spokesperson said, “A preliminary investigation determined that a two-wheeled motorized scooter, operated by a 24-year-old male (father), and his 4-year-old male passenger (son), were traveling southbound on Bailey Avenue when they struck a 2022 Toyota sedan operated by a 51-year-old male.”

 

The driver of the Toyota was also traveling southbound on Bailey Avenue, and was turning onto 193rd Street.

 

“After making contact with the sedan, the scooter struck a curb, with both individuals coming to rest on the ground,” the spokesperson said. “The 4-year-old male passenger (no helmet) sustained severe head trauma. EMS responded to the scene and transported the victim to St. Barnabas Hospital where he was pronounced deceased.”

Police said both vehicle drivers remained at the scene and the investigation remains ongoing by the NYPD Highway District’s Collision Investigation Squad.

 

Mario’s name was later released by police. He lived at Heath Avenue in Kingsbridge Heights. Police said two people were arrested and charged in connection with the incident. Mario Rosario, 24, the boy’s father, of Heath Avenue in Kingsbridge Heights was charged with endangering the welfare of a child and criminal possession of stolen property and William Baez, 52, of West 193rd Street in Fordham Manor was charged as an “aggravated unlicensed operator” (driver).

 

News of the fatality followed the introduction of 24/7 speed cameras in early August 2022 across the City which were supposed to help deter speeding, as well as capturing necessary footage, particularly in school zones, in the event of other crimes, as reported.

 

Norwood News previously reported on an incident in Bedford Park in which a child was injured in a single-vehicle crash, when the driver of a car said he was distracted by a bee inside the vehicle which had crashed into a tree. A passer-by rushed the two occupants of the crashed vehicle to hospital before it burst into flames.

The incident involving 4-year-old Mjay also followed an announcement in August 2022 at the 52nd Precinct by NYPD Chief of Patrol Jeffrey Maddrey and Deputy Inspector Jeremy Scheublin of a major crackdown and seizure of almost 200 illegal scooters, dirt bikes and ATVs from Bronx streets, as reported.

 

The NYPD later confirmed that 200 more illegal bikes, ATVs and scooters had been seized the previous day across the five boroughs. “Officers will continue to address [of] quality of life and public safety concerns impacting NYC residents,” the agency wrote.

 

At the scene of the Fordham Manor accident, which had been cordoned off with police tape, candles were seen on the sidewalk in tribute to the little boy, one with the words, “RIP Mario Rosario.” What looked like parts of a shattered bike and some blood stains were also observed on the sidewalk, which was next to a Citibike station.

 

Left turning vehicles are a leading cause for injuries and fatalities. Do your part and help save lives!! Slow down when you are turning and keep an eye out for pedestrians🚶‍♂️and 🚴. pic.twitter.com/Y11zlZc9Yw

— NYPD 52nd Precinct (@NYPD52Pct) August 15, 2022

Norwood News spoke to Juan Carlos Ramos, a local resident, at the scene of the accident who said he had seen the crash scene and the police presence when he was coming back home at around 1.35 a.m. on the morning after the incident. “I don’t understand. The people – crazy,” he said. “They want to die very quickly. Relax….”

 

He later referred to the group assault and murder of a yellow cab driver which had recently taken place in Queens, as reported. “He working. He looking for the money. He looking for the family… four children,” Ramos said with regret.

 

The resident added that he did not know the victims involved in the Fordham Manor accident. Asked if he had seen a lot of people on scooters in the area in general, he said, “No, only this one, white car… crash.”

 

Another resident who did not wish to be identified said there had been a similar accident at the same location about a year earlier involving a double-parked car and a scooter.

 

As reported at the time, a 75-year-old senior was critically injured while waiting to cross the street when he was run down by a 29-year-old motorist, who had been wearing slippers at West Kingsbridge Road and Bailey Avenue in nearby Kingsbridge Heights on Saturday afternoon, July 9, 2022.

In 2015, Norwood News reported how local residents had said Bailey Avenue was a stretch of road that was too chaotic for their liking. Meanwhile, as also reported, there was a serious road accident at 2300 Sedgwick Avenue in University Heights on Thursday, May 19, 2022 in which two people were transported to hospital. A resident of Fordham Hill, located in University Heights, had complained about road safety in the vicinity of Fordham Road and Sedgwick Avenue.

 

The same resident later called for a red light camera to be installed at the intersection of Bailey Avenue and Sedgwick Avenue. Norwood News followed up with DOT on the request. On Tuesday, Aug. 16, 2022, in response, DOT officials said State law limits red light cameras to 150 intersections across the State, and that DOT officials were continuing to advocate to lift this cap so that the use of red light cameras could be expanded in New York City.

 

Crime Prevention tips of the day
✔️ Slow down 🚙
✔️Don’t cut corners 🚗
✔️Look closely 🚸🚴‍♂️
Here is your 50th Pct Auxiliary officers distributing flyers on West 235 St and Oxford Ave.
Stay safe 🙏👮🚔 pic.twitter.com/Z5hkFkwJEe

— NYPD 50th Precinct (@NYPD50Pct) August 19, 2022

In reference to the scooter collision involving Mjay, Mona Bruno, DOT deputy press secretary, added, “As with every fatal collision, DOT will review street design for possible safety improvements.”

 

It was reconfirmed by DOT that the fatal incident at Bailey Avenue and 193rd Street involved “an unlicensed driver, riding an unregistered, stolen motorcycle who was struck by a driver with a suspended license.”

 

Norwood News asked if DOT could provide a list of the current 150 intersections where the red-light cameras were in place. We were informed that the department does not disclose the locations of its automated enforcement cameras to protect the integrity of the program. The most recent report on the red-light camera program can be read here.

 

Meanwhile, an extract from a City government website on red-light cameras reads, “Red-light camera tickets do not result in any points on your driving record. If you fail to stop, you may be sent a notice of liability in the mail with the picture of your car driving through the red light. You can view the evidence against you by logging on to the website printed on the notice of liability.”

 

Norwood News asked NYC Department of Transportation (DOT) what purpose the red-light cameras serve if there are no consequences for drivers who incur red-light camera violations [in terms of the impact on their licenses].

 

My heart breaks for the Rosario family and all involved in this tragic incident. Mario Rosario should still be alive. 

I will continue to advocate for safer street infrastructure, and support local law enforcement to prevent similar future tragedies.https://t.co/qToN6BFSTJ

— Adriano Espaillat (@RepEspaillat) August 18, 2022

 

DOT officials said red-light cameras improve street safety for all road users, and the results of the program speak for themselves; and added that the average daily number of red-light running violations issued at camera locations has declined by over 84 percent, as per this DOT report.

 

DOT officials said there absolutely are consequences for those who incur red-light camera violations, saying vehicle owners are required to pay a $50 fine for such violations, while repeat red-light camera offenders, with five or more violations during a 12-month period, may be required to take the safe vehicle operation course offered by DOT through the Dangerous Vehicle Abatement Program (DVAP).

 

They went on to say that if a vehicle owner contacted through the program failed to take the course, their vehicle could be eligible for impoundment and added that regulation S1190 would suspend the registration of a vehicle with five or more red-light camera violations within a twelve-month period.

Yesterday, NYPD officers seized over 200 illegal dirt bikes, ATVs, and scooters operating on city streets across the five boroughs. Officers will continue to address all quality of life & public safety concerns impacting NYC residents. pic.twitter.com/xvyvrzrFCg

— NYPD NEWS (@NYPDnews) August 15, 2022

 

Meanwhile, NYPD cameras were seen affixed to a pole at the junction of Bailey Avenue and West 193rd Street, where the accident occurred. When asked, DOT confirmed that such cameras were not red-light cameras.

A woman who spoke to Norwood News at a later date in 2022 said of the Fordham Manor incident that it had been a “terrible accident.” She added that she “sees two people [in the area] riding scooters all the time.”

According to MJAY’s obituary, the 4-year-old was very talkative and curious, always asking ‘Why?’ and ‘Where are you?’ His favorite colors were blue, green, red and white, and he loved the songs ‘City of God’ and ‘Sky Full of Stars’ from Sing 2. He also loved watching Sonic, Dyno Dana, the Hulk and Sing 2.

 

In addition to his parents, MJAY is also survived by his grandparents, Jennifer and Jason Adorno, Angelica Lovado, Tito Rosario and Julia Mosquea; his great-grandparents, Yvonne Falcon, Sandra Martinez, Ruben Adorno and Mario Rosario; and many aunts, uncles and cousins, especially his aunt/best friend/go-to person, Julia.

 

At Mjay’s funeral, which was held upstate, attendees were asked to wear bright colors.

 

A person arrested and charged with a crime is deemed innocent unless and until convicted in a court of law.

 

*Miriam Quiñones contributed to this story.