Indictment in death of nine-year-old boy in Fort Greene

Anthony Byrd, 59, has been indicted and faces charges of criminally negligent homicide, two counts of third degree assault, and vehicle and traffic violations for reckless driving, driving on a one-way roadway and driving on a sidewalk—all stemming from a November 2 incident where he hit careened along DeKalb Avenue and across Clermont Avenue, killing nine-year-old Lucian Merryweather and injuring his four-year-old brother Theodore Merryweather and Elaine Driscoll, 29.

According to Brooklyn District Attorney Kenneth Thompson, who announced the indictment on February 14, “The death of this innocent nine-year-old child and the severe injuries to his four-year-old brother were truly tragic and avoidable and we will seek to hold the defendant accountable for his actions.  The people of Brooklyn must be free to walk down the streets of our borough without fear that they may be run over or injured by a motorist driving dangerously.”

The indictment alleges that according to video surveillance, Byrd was driving his SUV westbound along DeKalb Avenue at 12:49 p.m. when, turning onto Clermont Avenue, he narrowly avoided hitting two pedestrians. The SUV then swerved right and mounted the sidewalk, barreling into a storefront eatery, The Black Iris, at 228 DeKalb Avenue. At that point, according to the indictment, the video shows Byrd making a U-turn on the sidewalk, with pedestrians running to get out of the vehicle’s path.