When Ilardi and his partner were interviewed by the NYPD's Internal Affairs Bureau shortly after the collision, those officers "set about changing the testimony of the sole remaining known eyewitness to the crash other than Ilardi—Ilardi's partner, Police Officer Carman," the attorney for the Oyamada family, Steve Vaccaro, writes in the filing.
Vaccaro, who declined to comment for this article, then includes a large portion of the IAB transcript that was provided by the City, but that too is redacted.
The NYPD has maintained to The New York Times and other media outlets that Ilardi was responding to a domestic disturbance and had his emergency lights engaged.
But Oyamada's family points to radio transcripts and other evidence provided by the City to show that he was not assigned to the disturbance, he did not tell anyone he was responding to an emergency, and that two other NYPD units had already been assigned to the call, which was later deemed to be unfounded.
The court filings also suggest that Ilardi had a poor driving record, and that the NYPD had failed to retrain or discipline him for it.