NY Man Indicted For Hoboken Crash That Killed NBA Player’s Cousin

HOBOKEN, NJ — A Hudson County grand jury has indicted a New York City man for death by auto in connection with a car-pedestrian crash that killed 21-year-old Ramsey resident Zackhary Simmons, the cousin of NBA player Ben Simmons.

On Feb. 28, a grand jury returned an indictment against Mark T. Nicholas, 51, of Brooklyn, New York, charging him with the second-degree crime of Death By Auto and the second degree crime of Knowingly Leaving The Scene Of A Motor Vehicle Accident Resulting in Death, according to the Hudson County Prosecutor’s Office.

He is scheduled to be arraigned in Superior Court in Hudson County on March 13.

Nicholas was allegedly the driver of a black Cadillac Escalade that struck and killed Simmons as he crossed Willow Street at the corner of 6th Street in Hoboken around 3:30 p.m. on June 25, prosecutors said.

Simmons was pronounced dead at 4:25 a.m. at Jersey City Medical Center.

The victim's mother, Monique Steele, told CBS2 that police said the vehicle was traveling at least 70 miles per hour.

Simmons was reportedly at a friend's birthday party after celebrating his cousin's No. 1 selection in the NBA draft when the crash occurred.

Hoboken Police Chief Ken Ferrrante previously said that Nicholas was not employed with ride-hailing companies Uber and Lyft.

• See related article: Hoboken Police Arrest NY Man For Hit-And-Run

In Simmons’ memory, state Assemblywoman Annette Chaparro, a Hoboken High School alum, sponsored the “Zack Alert” bill, which would establish a statewide alert system in cases of hit-and-run incidents where someone has been seriously injured or killed.

• See related article: ‘Zack Alert’ Bill Would Honor Hoboken Hit-And-Run Victim

Simmons’ father Rickey and his fiancée – Jennifer Jordan – released the following statement about the 21-year-old following his death:

“If you met Zackhary Simmons, you'd say he was an old soul. He lived fully and was loved greatly. He was a funny one for sure, always cracking a joke or making fun, creating laughter all around. You'd almost always find him wearing wrinkled t-shirts with those funny sayings, or band swag like the one with Jerry Garcia on the pocket the day he met his baby brother for the first time. One of Zack's sisters remembers that time well. She describes it as the time it brought their relationship to a new level of understanding and built a stronger bond. This was the person Zack was, connected to life and his loved ones, living in the present moment.

“Those that knew Zack knew he would give you his last - whether it was the last biscuit, the last hot wing, or his last dollar, always making sure you were taken care of before himself. Family and friends say he was just “that guy”- the one you could call and would always be there for you. Ask anyone, he truly was a real sweetheart. He wouldn't hurt a soul, and he always wanted to please and not be confrontational. That's not to say that he didn't stand strong in his beliefs and would have made a great debater. His character was solid and he was a deep thinker open to learn and grow.

“In his short 21 years on earth, Zackhary touched and impacted the lives of many for a lifetime. When you met him you were instantly drawn to him, feeling like you knew him forever and wanting to know more. One of his best friends said Zack literally had two goals in life: to take care of his brother who has autism, and to make his parents proud. He did just that and more as an honorable, respectable child who valued his family and nurtured those relationships. Those that knew him loved his personality, his spirit, and the way he lived, a strong leader with many followers.

“Zackhary left this earth after he was tragically killed in a hit and run accident while crossing the street at a crosswalk in Hoboken. No one can understand why this happened. His family and friends are pained with missing him every day. One thing we know for sure is Zack is in the greatest place with an eternity of joy, love, peace and all things good, because that's who Zack was, and his spirit lives forever.

“Quotes Zack found and wrote in his notebook show us who he was and what he believed. He truly was a special one, gone too soon, but he left a legacy for all of us to embrace.”

Main Photo: Zackhary (left) and Ben Simmons, Twitter