NEW YORK (AP) — A Brooklyn woman has been charged with criminally negligent homicide for allegedly causing a fatal accident while texting and driving.

Prosecutors said 19-year-old Nechama Rothenberger was indicted Monday in the death of Tian Sheng Lin on Sept. 19.

The 53-year-old restaurant owner and deliveryman was riding his scooter and was stopped at a red light at the time.

Rothenberger’s attorney, Jeffrey Schwartz, said he hoped to resolve the case in a way that doesn’t destroy Rothenberger’s future.

If convicted, she faces four years in prison.

(Copyright 2010 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

Comments (26)
  1. Ben says:

    For all of you saying throw her in jail and let her rot, i am sure none of you have ever made a mistake. Thats what this women did she made a mistake she didnt try to commit a murder you morons, not a reasone to destroy her future.

    1. Bluto says:

      That’s why it’s called criminally NEGLIGENT homicide, not murder, moron. Are you denying that an innocent man is dead because of her negligence and breaking of the law? The same law that applies to a drunk who mows down a family in a crosswalk and someone who illegally discharges a firearm and kills a kid also applies to her. Let it be a lesson to anyone else who thinks they can talk/text on a cellphone and drive safely at the same time.

  2. The Good Samaritan says:

    She is only being charged because of the victimes ethnicity

    The Good Samaritan has spoken

    1. Steve says:

      Good Samaritan – why don’t you waste your dim-witted hot air, and your “moron” obsession with race and ethnicity on someone other forum?

  3. Barre Flynn says:

    How can they prove that she was texting at the exact moment the accident happened and that this was the cause. She must have opened her mouth and talked. It is wrong to text and this took a life. Just wondering how they can prove this. It is unlike drunk driving.

    1. ziggy says:

      Barre Flynn – the Police found an incomplete text message reply to a tex message she had received a few minutes before the tragedy. All text messages are time and date-stampted!

  4. Pinny says:

    Let this tragedy be a wake-up call to the THOUSANDS and THOUSANDS of you who text while driving every day!!! What this girl did was wrong for sure, but not any MORE wrong than what SO MANY you do. YOU think you can keep your eyes on your driving WHILE you text. SHE thought so TOO!!! WAKE UP, this could be YOU!!!

  5. Brooklyn says:

    I see these jewish ladies always texting and driving in Midwood Brooklyn even when they have children in the back seat they just dont get it Future after she took someone else’s life..throw her ass in jail til shes dead

    1. the other guy says:

      settle down, mein herr

  6. sharon wolff says:

    I am glad this woman was indicted for her crime. Hopefully this will send a message to EVERYONE who drives and talks on a cell phone, as well as texting.
    I have seen many people in NJ breaking this law and all they get is a $150 fine.
    Points need to be given as well for driving and using a cell phone. It will be interesting to see if this young lady’s community attempts to get her off the charge!

  7. jtorres says:

    Resolve the case in a way that doesn’t destroy her future? Of course. God forbid she have problems in the future. After all, all she did was KILL someone. No big deal, right? What about HIS future?!? Oh, that’s right. He doesn’t have one because she’s so irresponsible. Four years is a travesty.

  8. DanTe says:

    Just 4 Years for MURDER?

    Stinking drunken politicians and their laws protecting their fellow drundards.

    1. StormsNYC says:

      While I don’t disagree, nowhere in this article does it say she was drunk, she was driving and texting…

      1. sharon wolff says:

        She may not have been drunk, however, dear person, There Is A Law In NY as well as NJ that bans Driving and Talking/Texting On A Cell Phone.

      2. Steve says:

        If she was talking on the cell phone, her reaction time and situational awareness would have been the same as that of a legally DUI driver. Study after study has proved that. But since she was texting, her driving was even more compromised than that.

  9. peter colon says:

    She should be lock up like the drunk that she is after all there no differents beween the two

  10. The Good Samaritan says:

    These delivery drivers to drive recklessly.

    The Good Samaritan has spoken

    1. Rolling my eyes says:

      Stopped at a red light. How much more reckless could he get?

      1. It's A Troll. says:

        Just ignore this idiot. It’s obviously a Troll: squat little midgets with bony heads. They come crawling out and squeal like a pig when no one is watching, trying to make a sound in this world. When they realize that they’re nobodies, they squeal louder and louder. When their mommies come home, they crawl back to bed.

        Just ignore and let it squeal away in nothingness. It’ll keep yapping a lot of Nothings. Doing Nothing. Being Nothing.

  11. Petercolon says:

    What the differents beween a text user and a drunken driver???

    1. the next guy says:

      ANSWER – a driver who’s drunk will likely still make an effort to avoid an accident such as this, even if his/her reflexes are compromised. a texting driver isn’t paying attention at all

  12. Steve says:

    It goes without saying that my heart goes out to the family of the victim.

    Looking at the case itself, how is someone actually STUPID enough to send text messages, while operating a (potentially deadly) machine?
    Why only potentially four years in prison???? Once again, our legal system demonstrates the HEIGHT OF STUPIDITY (long prison sentences for non-violent drug abusers, but lenient sentences for violent rapists and other “trash”).

  13. Casper287 says:

    Ok, im trying to understand why she wasnt also charged with vehicular homicide? I thought that why that charge exist? Seems simple enough, you Murder someone what driving and texting. Oh well what do i know.

  14. Vincent says:

    4 years is not enough time for this woman. She is not a murderer. Murder involves planning and intent. @ Frank the death penalty is a little much, but I do believe she should have gotten at least 10-15 years.

  15. Frank says:

    Actually she is a murderer ant the death penelity should be used on these young women that text and drive.

  16. Josh says:

    Four years for criminally negligent homicide? She’s not a murderer and she’s going to deplete her familiy’s savings on attorney’s, but 4 years max seems a bit lenient. i think what she did is as stupid as DUI. I think you’d get more than 4 years for that offense. I dunno, I think 5-10 would be more appropriate.

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