Metro

Man accused of driving drunk, killing pedestrian freed due to new criminal justice reforms

A man who allegedly hit and killed a pedestrian while driving drunk in East Harlem is back on the streets for now — thanks to the state’s new criminal justice reforms, authorities said Thursday.
Farkell Hopkins, 23, was arrested on charges of vehicular manslaughter and DWI at the scene of the deadly New Year’s Eve collision, but was cut loose before he was even arraigned.
The Manhattan District Attorney’s office said prosecutors still intend to pursue the case, but they now have to ensure they’re able to turn over all their evidence to Hopkins’ defense team within a tight 15-day time-frame, thanks to new soft-on-crime laws that went into effect Jan. 1.
“This driver will be prosecuted,” said Danny Frost, spokesman for Manhattan DA Cy Vance.
“Under the new mandates, prosecutors must obtain and provide charged persons with a variety of materials within 15 days of arraignment,” he continued. “Accordingly, in a number of cases, prosecutors will defer charges until they are confident that discovery obligations can be fulfilled within fifteen days of arraignment on those charges.”

But even when Hopkins is arraigned, he will likely be freed into the community once again if the charges don’t change — as vehicular manslaughter is among the more than 400 offenses that are no longer bail-eligible under the sweeping criminal justice reforms, sources told The Post.
Behind the wheel of a Safelite AutoGlass truck, Hopkins allegedly plowed into a man jaywalking across East 125th Street near Madison Avenue around 5:10 p.m. Tuesday, according to police.

The violent impact sent the victim flying several feet down the East Harlem street, surveillance video obtained by The Post shows.

The victim, who was pronounced dead on the scene, had not been identified by investigators as of late Thursday because he was not carrying any ID at the time, police sources said.

Hopkins stayed at the scene and was administered a breathalyzer test by cops, which allegedly revealed a sky-high .16 blood-alcohol content — twice the legal limit of .08, according to sources.

Word of Hopkins’ release incensed NYPD insiders.

“They’re f–king letting everybody go,” fumed one source. “They’re letting everyone go home.”

But defense attorneys defended the new laws.

“Whenever there’s a major criminal-justice policy [reform] everyone has to recalibrate,” said Michael Discioarro, a former Bronx DA turned criminal-defense attorney.

“When Miranda v. Arizona came out, everybody predicted Armageddon,” added Discioarro, referring to the landmark 1966 ruling that required police to issue so-called Miranda warnings to suspects. “Now look what happened, police adjusted.”

Hopkins could not be reached for comment Thursday, and provided cops with an address in Queens that is actually an office for Safelite, an Ohio-based company specializing in the repair and insurance of windshields and other auto glass.

“We are deeply saddened to hear the news of this accident and our thoughts go out to the families involved,” said Safelite spokeswoman Keri Lucas.

Lucas noted that Safelite is “fully cooperating with the police,” but declined to say whether the allegedly hammered Hopkins was on the clock for the company at the time.
Additional reporting by Joe Marino and Larry Celona