‘Over $10?’: New York Family Outraged as Legal Loophole Spares Tow Truck Driver Who Struck 61-Year-Old Motorist with a Deadly Punch In Dispute

A Brooklyn tow truck driver accused of punching a man to death during an argument over an illegally parked vehicle was released from jail this week and likely won’t face time in prison following his arraignment on a simple misdemeanor.

Kevon M. Johnson, 30, faces one charge of third-degree assault after he delivered a crushing blow to the face of Carlyle Thomas on March 17, knocking the 61-year-old Black man to the ground outside a Shell gas station, where he died after hitting his head on the pavement.

The Jamaican native was pronounced dead at Brookdale University Hospital on St. Patrick’s Day.

New York Family Outraged As Legal Loophole Spares Tow Truck Driver Who Struck 61-Year-Old Motorist with a Deadly Punch In Dispute
Carlyle Thomas was killed on March 17 after being punched by a tow truck driver. (Photos: Facebook/Carlyle Thomas)

Earlier that evening, Thomas argued with the tow driver who had hitched up Thomas’ Honda Odyssey, which had been parked in a $10 space, for which he had not paid.

After the incident, Johnson was taken into custody as a preliminary investigation determined the victim died as a result of a homicide.

However, a legal loophole in New York, known as the “one-punch homicide,” carries less severe penalties compared to charges of murder or manslaughter, and due to statewide bail reforms implemented in 2020, Johnson could not continue to be held on the misdemeanor charge.

He was granted supervised release just two days after Thomas was killed, his blood still fresh on the ground by the gas pumps down the street from his house.

“The law allows only for charges relating to the punch, and there is no way to prove intent to cause his death or any other serious injury,” according to a law enforcement source who spoke to the New York Post.

A friend of the victim who spoke to the Post mentioned that Thomas lived near the station on Clarkson Avenue near Rockaway Parkway in East Flatbush and occasionally parked his van there. 

Thomas was a regular customer at the store and was even known to pitch in and help the employees unpack deliveries, family members said.

On the night of the fatal encounter, someone called Thomas to alert him that the gas station manager had requested a tow truck to impound his vehicle, sending Thomas scurrying to see about his van.

One witness suggested that Thomas never had a chance as he was sucker-punched as soon as he opened the door of the tow truck to confront the driver. 

“He open the door of the tow truck and the guy punch him in the head! He go down and bam! Dead. He die right there in front of pump 6! He never touch the guy, only touch his door and the guy come out and punch him,” the Post quoted the man. 

Thomas was a former jockey who worked at Aqueduct Racetrack in Queens. He is survived by his son, daughter, and several stepchildren, according to his family.

Relatives said the deadly situation may have stemmed from an apparent mixup between Thomas and the station manager, who knew each other through a friendly arrangement.

Family members explained that the gas station charged $10 for overnight parking if street parking was unavailable, noting that Thomas often relied on the arrangement but would pay the fee when he retrieved his vehicle the next day, not when he dropped it off.

It’s unclear why the station manager called the tow truck on Thomas’ van that night, but family members said it was not the first time he had dealt with something like this.

Thomas’ stepdaughter, Alexis Peters, also expressed confusion over the violent episode because Thomas was a man of small stature and had a friendly persona, leading her to question how anyone could have perceived him as a threat.

“Why he got to die over $10?” Peters said. “He’s short. He’s shorter than my sister here. He’s a little man, you got to punch him like that? You got to kill him over $10?”

Still independent.

We hope this story was worth your time. For over 14 years, Atlanta Black Star has stayed Black-owned and independently run. We didn't get here by waiting on ad budgets that were never built to prioritize us. Our readers did that.

Corporate support for Black media has always been thin. Outlets like ours get roughly 1% of the $170 billion spent on U.S. advertising each year, and that margin is shrinking further as advertisers walk back the DEI-linked commitments they made in 2020. That's the backdrop. It's not why we're asking.

The wider picture isn't any steadier. Newspaper ad revenue has fallen more than 80% since 2005, and local newsrooms are closing at a rate of roughly two a week nationwide. When outlets go under, it's rarely the ones built to center a Black perspective from the ground up that get to stick around.

We know a request for support isn't why you came here. But without readers choosing to fund this work directly, the depth of reporting we can do at home and abroad shrinks along with everyone else's. If you're not in a position to give, that doesn't change how much we value you as a reader.

If you are able to, a recurring contribution does more for us than a single one-time gift, because it lets us plan the next investigation instead of just the next invoice. It takes about 30 seconds, no long form, no account. Thank you for continuing to support independent journalism and freedom of the press.

Back to top