Police investigation of area where child fell (photo credit @eyeonnewroc)

Three-Year Old Child Falls Three Stories from New Rochelle Apartment Window

Written By: Robert Cox

NEW ROCHELLE, NY — As first reported by Talk of the Sound, a three-year old boy fell almost three stories from a second-floor apartment window at May Street in New Rochelle, NY. The boy fell onto sloped pavement in the area between 35-45 May Street, an apartment complex, and 49 May Street, a multi-family house.

A witness who called 911 told Talk of the Sound he was walking on the sidewalk on May Street when he heard a loud thud. He said something did not sound right so he doubled back to look where the sound came from when he saw a small child on the ground, motionless. He used his mobile phone to call police who, he was told, were already on their way.

Police officers were on the scene almost immediately, shortly after 9:30 a.m.

Sgt. Myron Joseph was the first officer on scene. He found the child was conscious, crying and bleeding. A man came out of the building, identified by a witness as the boy’s father, David Nieves. Before Joseph could stop him, the man scooped the boy up in his arms and ran with him towards Joseph’s police car. The man got in the backseat with the boy. Joseph sped towards the Emergency Room entrance at nearby Montefiore New Rochelle Hospital The child has since been transferred to Westchester Medical Center.

Talk of the Sound was on scene shortly after the incident. Police crime tape was place around the area but removed a short time later.

Police sources say the father of the boy was at home at the time of the incident. Nieves told police he was in the bathroom when the boy fell.

Sources tell Talk of the Sound the father of the child is David Nieves who works as the Superintendent of the apartment buildings at 35-45 May Street. He came to New Rochelle from Queens in the past year or so. He is living in the apartment with his girlfriend and the three year-old boy. He reportedly got custody of the child from his ex-wife. 

The New Rochelle City Code requires that all windows in common areas such as hallways and all apartments where a child 10 years-old or under resides must have a window guard installed.

§ 174-16 A. Window guards:

Installation and maintenance required. Every person who owns, manages or controls a multifamily dwelling as hereinafter defined (“dwelling”) shall provide, install and maintain a window guard of a type acceptable to the Building Bureau of the City of New Rochelle on all windows in each apartment where a child or children 10 years of age or under resides and on all windows in the common public halls. It shall be the duty of each person required to provide, install and maintain a window guard to ascertain whether such children reside therein. Installation shall be made in accordance with specifications provided by the Building Bureau. This section shall not apply to windows that are a required means of egress from the dwelling.

The property is owned by Holland House, LLC of 25 Spring Valley Avenue in Maywood NJ, 07607. David McGarvey, described by city officials as the owner of the building, met with a New Rochelle building inspector on Wednesday afternoon.

According to the Building Bureau Director, Paul Vacca, a preliminary investigation found that window guards were in place on windows in the common areas. Vacca said that McGarvey agreed to provide the building department a list of all apartments with children in them and that each apartment will then be inspected for complaince with the City Code.

Nieves apartment, inexplicably, did not have a window guard, a violation of the New Rochelle City Code. As building supreintendent, Nieves was responsible to insure that all windows covered under the City Code had window guards.

EDITOR’S NOTE: James O’Toole (@eyeonnewroc) and Robert McKinley (@NewRoStreetTalk) contributed to this story.