Homeless woman who pickpocketed dead man crushed by construction truck in NYC is FREED without bail

A homeless woman who pickpocketed a dead man crushed under a tractor-trailer in midtown Manhattan has been charged and released without bail — claiming she was only collecting money stolen from her.

Genience Draper, 40, appeared before a judge charged with large and petty theft on Thursday night, and walked free after a Friday hearing, thanks to the 2019 bail reform.

Draper was filmed climbing under the truck and taking money from the body of Jerome Smith, 62, as he lay dead on the ground on Oct. 6.

Shocked onlookers watched in shock as Draper then made off with his wallet and cash, forcing police to rely on dental records to identify Smith, who was also homeless.

She didn’t speak at Friday’s hearing, but when she left the court, she said she was recovering $40 cash that Smith stole from her.

“He robbed me first,” she said. “He was murdered afterwards.”

Draper, who is homeless and has been arrested more than 50 times, was charged with grand theft and petty theft

Draper was released without bail thanks to a 2019 reform banning cash bail for non-violent crimes

Draper was reportedly found with a crack pipe in her possession when she was arrested

Draper, in jeans and a black leather jacket, is seen approaching the body and taking Smith’s wallet under the truck

Draper was arrested Thursday morning by NYPD Transit officers, who saw her at the 42nd Street and 8th Avenue subway stations and recognized her, NYPD Commissioner Keechant Sewell said in a tweet.

At the time of her arrest, Draper had what appeared to be a torn pipe in her jacket, The New York Post reported. She had more than 50 previous arrests.

Draper on Friday was charged with trying to use the dead man’s money, but it was rejected because it was covered in blood.

Jerome Smith, 62, had his wallet stolen from him before the NYPD arrived on Oct. 6

The scene was later secured with masking tape before the body could be removed

Draper told police she knew Smith vaguely, according to a Manhattan indictment obtained by The Post.

“It was only $40. I knew him from the area, but I didn’t know him personally,” she said.

Bystanders said the theft was horrific.

“It’s like the Gladiators. Nobody came in to stop? That’s even more disturbing,” Elma Kanefield, 83, said in conversation with the… New York Post.

Another eyewitness, Marco Nieves, 51, said: “Seeing someone dead under a truck and actually doing it – that’s terrible.”

Plumbing worker Jake Sean added, “That’s crazy.

‘How can you steal from a body on the street? That’s ruined. You have to be at your lowest for that.’

Jerome Smith was wrapped in several rags while still under the truck that killed him

Seconds after the incident, Draper robbed Smith while lying dead in the street

Draper’s release without bail was due to the 2019 law, which stated that those charged with felonies and some non-violent crimes could not be held on cash bail, in an effort to ensure that one’s wealth would not be their freedom. determine.

When deciding whether to release a person or set bail, the law requires judges to focus solely on the conditions that will ensure the person’s return to court.

That means, unlike in most other states, judges in New York can’t take their view of a person’s “danger” into account when determining release conditions.

Critics say the reform has made New York City more dangerous. Supporters of the law say it will end the routine practice of a poor man serving months in prison awaiting trial for tourniquet jumping, while a wealthy accused rapist can remain free pending trial.