UPDATE: Traffic tickets, but no criminal charges in September Canandaigua crosswalk death

The driver involved in a motor vehicle crash that killed a Canandaigua woman on Sept. 10 will not face criminal charges, but was issued traffic tickets, according to the City of Canandaigua Police Department.

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Posted Nov. 11, 2013 at 12:00 AM
Updated Nov 11, 2013 at 2:16 PM

Posted Nov. 11, 2013 at 12:00 AM
Updated Nov 11, 2013 at 2:16 PM

Canandaigua, N.Y.

The driver involved in a motor vehicle crash that killed a Canandaigua woman on Sept. 10 will not face criminal charges, but was issued traffic tickets, according to the City of Canandaigua Police Department.

On Nov. 9 police issued traffic tickets to Annette A. Oliver, 50, of 156E Camelot Drive, Canandaigua, for her involvement in the fatal crash. Oliver was cited for failing to yield the right of way to a pedestrian in a crosswalk and failure to use designated lane.

Ontario County District Attorney R. Michael Tantillo said Nov. 1 that no criminal charges would be filed against Oliver.

Viki L. Perry, 56, of 61 Foster St. died Sept. 10 following injuries she sustained after she was struck by a vehicle driven by Oliver, said Canandaigua city police. The crash occurred at a South Main Street intersection near Saltonstall and Antis streets.

The District Attorney's office researched if criminal charges — specifically criminally negligent homicide or second-degree manslaughter — would be supported in the case, Tantillo said. It was determined that they would not be supported, he added.

"[Oliver] had recent surgery to one of her eyes, but was cleared by her doctor," Tantillo said. "Being cleared to drive took the option (to file criminal charges) away from us."

While criminal charges weren't filed, Oliver may be charged under vehicle and traffic law, Tantillo said. While charges may be coming, as of Friday afternoon, no official charges were filed, Canandaigua Police Sgt. Scott Kadien.

Perry's death was the second at the Saltonstall/Antis Street intersection since 2004. In December 2004, 70-year-old Navy veteran George Fields — known by some in the downtown area as the "Ambassador" of Main Street because of his constant presence in the area — was hit by a car at that same intersection, and, like Perry, he later died at Strong Memorial Hospital in Rochester.

While the deaths have led to recent pleas from the public to increase safety downtown, the city did move forward with a plan to add flashing crosswalk beacons to three non-signalized Main Street intersections, including the ones at Saltonstall and Antis streets. City Council approved Thursday night the purchase of those signs for just under $25,000.

The signs — which are similar to the ones at Wood Library — were approved by City Council Nov. 7 by a 7-1 count. Councilwoman Cindy Wade noted her safety concerns for downtown, but questioned the need for the purchase of the signs. Wade said she prefers to research the issue, educate others on crosswalk laws and get input from the Department of Transportation (DOT). She also expressed concern that the DOT could recommend removing the mid-block crosswalks following its study, which would make the $25,000 purchase a sunken cost.

Page 2 of 2 - "In theory, it's a wonderful thing," Wade said of the signs. "The statistics (of accidents at the non-signalized crosswalks) say the opposite."

The signs will be purchased from Traffic & Parking Control Company, Inc. in Brown Deer, Wis.

The Saltonstall and Antis intersection does have lights that flash on the ground when a button at the curb is pressed; however, they have not worked since the summer.

"The lights at this location have been a problem for some time," Canandaigua Mayor Ellen Polimeni said during an Election Day Facebook chat with the Daily Messenger. "City staff is in discussion with the Department of Transportation about reconfiguring the crosswalk and turn lane near it."