The elderly man accused of shoving an 82-year-old who accidentally bumped into him on a Manhattan sidewalk now faces a homicide charge — after Manhattan prosecutors upgraded charges when the victim succumbed to his injuries.
Dana Escoffier, 79, pleaded not guilty to criminally negligent homicide Wednesday in Manhattan Supreme Court for allegedly fatally shoving Dean Whetzel to the ground in the West Village around 1:30 p.m. on Oct. 11.
Dana Escoffier, 79, pleaded not guilty to criminally negligent homicide Wednesday. Robert Miller
The upgraded charge comes after the septuagenarian was slapped with assault and aggravated harassment charges at a criminal arraignment in October.
But Whetzel, who was still hospitalized at the time, died from his injuries on November 5, prosecutors said.
According to prosecutors, Whetzel was out walking his dog near the corner of West 10th Street and Hudson Street when Escoffier came up behind him and tried pushing his shopping cart close behind.
Whetzel turned and lightly tapped the shopping cart with his foot — which made Escoffier explode and shove the victim in the chest with both hands, according to court documents.
The victim fell straight back and slammed his head on the sidewalk, suffering a skull fracture and traumatic brain injury, cops said.
Whetzel died three weeks later and his death was ruled a homicide by the medical examiner’s office.
Escoffier, who ran from the scene before being arrested minutes later, allegedly told a witness that he tossed Whetzel because he knocked into him.
Whetzel’s husband Rodger Kepler said he misses him “very much.” Steven Hirsch for the NY Post
A witness said that Escoffier allegedly said that he pushed Whetzel because he was bumped into, prosecutors have said. Robert Miller
“I pushed him because he bumped into me,” Escoffier said, according to prosecutors.
The two senior citizens were neighbors, police have said.
Outside the courtroom, Whetzel’s husband, Rodger Kepler, said he misses his husband “very much” and called him a “good man.”
Escoffier faces up to four years if convicted of criminally negligent homicide, a class E felony. He is also charged with assault in the third degree.