Courtesy of the Office of David Della
Last week, for the first time, the word "Nakata" appeared in the pages of Seattle's Jewish community newspaper, The JT News. The paper (formerly known as The Jewish Transcript) was reporting the conviction of Rabbi Ephraim Schwartz. A little over a year ago, Schwartz accidentally drove his 1991 Oldsmobile wagon into Matthew "Tatsuo" Nakata as the 29-year-old Seattle City Council aide crossed a West Seattle intersection on his way to work. Nakata died soon after. With a jury's verdict on Jan. 18, Rabbi Schwartz became the first person found guilty under a new law that allows the city to prosecute motorists who seriously hurt pedestrians—if the collision resulted from a traffic infraction of some kind.
The fact that the Schwartz case, which has been unfolding for months, went unmentioned in the Jewish paper until now maybe isn't surprising. Every community tries to protect its own, and there's an especially strong ethic in Judaism against any kind of public dishonor or criticism. More remarkable is that amid the tears, expressions of sympathy for Nakata's family, and promises to appeal that followed the verdict, there was no mention—by the rabbi, his attorney, or his supporters—of any plans for him to, perhaps, stop driving.
As readers of this paper know, Schwartz is something less than a smooth operator behind the wheel. As of last April, he had collected at least eight moving violations in as many years. In May 2005, he hit and seriously injured a bicyclist while driving up the wrong side of the road near Seattle Hebrew Academy. Two months after hitting Nakata, he was ticketed for running a red light. This is a man who has a problem.
Yet you wouldn't know it from any public statements by the rabbi or any word from the Jewish community at large. The level of denial can be felt most strongly in a recent edition of the rabbi's e-mail newsletter, "Insights and Inspiration" (forwarded to the Weekly by an aghast reader), which contained the following passage:
This week's Insights and Inspiration is sponsored by myself and Aliza Schwartz and the whole Schwartz family in appreciation of all our congregants who chipped in to surprise us was [sic] the most perfect "new" car!! The perfect Rabbi family car (an '82 colony park Mercury station wagon of course—my childhood dream). Particular thanks to [salesman name] of [car dealership name] for finding and kicking off this wonderful surprise. He is the best car salesman in the world and if anyone is even thinking of getting a car then give my favorite buddy [first name] a call at [number] and you will be delighted to find the warmest friendliest and most honest help you can count on.
Thanks to all of you!
Now the rabbi, by all accounts, has a very ebullient personality. I wouldn't presume to imagine what his private torment might be. Yet the tone here seems odd for someone just weeks away from a trial on charges of assault-by-car. Shouldn't his congregants have chipped in to buy him a year's worth of taxi vouchers?
When I first learned that Rabbi Schwartz was the driver in this infamous case, I actually felt quite distraught for him. I happen to have studied with his organization, the Kollel. It's an international group, affiliated with Judaism's Orthodox movement, that promotes traditional Jewish learning and general community-building outside established synagogues. Like other religious groups specializing in "outreach," the Kollel welcomes the committed and devout as well as all manner of random explorers. In years past, I took several classes with the Seattle Kollel's executive director, a very lovely man, and even shared a meal at his home.
A few months after the accident, I wrote to Schwartz (whom I've never met), seeking to interview him for the Weekly. I wondered: How does a person in his position of moral leadership deal with such a bewildering and catastrophic event? I mean, it's obvious this kind of thing can happen to anybody; who has ever driven and not come close to maiming somebody? Driving is the most utterly lethal, ordinary thing we do. I'm a dangerously impatient driver myself sometimes, which is part of the reason I don't own a car and drive as little as possible.
It seemed to me this was a story Schwartz might actually want to tell. To what sources in Judaism's centuries-old heritage of law and ethics was he turning for guidance? How was Judaism teaching him to respond, to atone? Accidental murder is discussed in many Jewish texts, starting with the Torah itself. Moses is twice instructed about the need to establish "cities of refuge" outside the Promised Land, where people who've inadvertently killed someone must be exiled. It's unclear whether the exile is for the purpose of rehabilitation or solely to save people from murderous revenge by their victim's family.
Rabbi Schwartz didn't reply to my e-mail. But when I learned of his driving history, the intricacies of Jewish law no longer seemed important anyway. The story was not, in fact, about some freak incident that could have happened to anybody. It was about an individual with a dangerous problem he was apparently declining to confront.
Reader Comments
First, to me, using a cell phone while driving is driving recklessly. Period.
Second, I think to most reasonable people, if you have more than one traffic infraction in a three year period, particularly the kind that involve paying close attention to what is happening on the road, you might want to reduce your risk factor by not using an attention distracting device such as a cell phone (it isn't difficult to pull over if you need to - that's what I do), take a safe driver class, or not drive at all.
Third, I also wonder how amassing eight driving infractions (within a eight year period, five in that last two and half years) including one accident that put bicyclist Ilsa Govan in rehab for a year and which Schwartz admitted to her that he still had "nightmares about the accident" doesn't qualify as reckless driving after the fact? Why wasn't he prosecuted for that accident?
In some ways, quoting Jewish law, driving after an accident like the one involving Govan with his driving record is like owning an ox that is known to gore people but letting it run free. Perhaps, it is time to cage this deadly driver.
Fourth, Rabbi Schwartz also needs to consider that his behavior reflects poorly on the Jewish community and his leadership within that community.
From my dealings with him by reading his newsletters, emails and responses to my emails to him, I have often wondered if he has an attention deficit condition which makes him unsafe to drive at any speed. And I wonder why the Department of Licensing continues to let him drive with all his traffic infractions and injury causing accidents. I would certainly call him in for a retest and medical examination.
Finally, perhaps we need to change the number of moving violations in a 12-month period to get one's license suspended from six to a more reasonable number such as two (you get one "free" ride and then you lose your license for 90 days the second time) and increase the time period to three years. It isn't unreasonable to expect people to drive safely, is it?
Gee, maybe my insurance would get reduced as a result, gasp and the streets would be safer for pedestrians.
Keith Gormezano
actual article that appeared in the local Jewish paper as it contains quite a bit of information that Mark failed to mention.
Keith Gormezano
Keith Gormezano
The traffic citation for running a red light was in the snow when the Rabbi's car slid part way into an intersection. It was thrown out by the city because he didn't run a red light, his car merely slid far enough forward to cause the camera to take a picture. He DID stop and thus was not guilty of a violation. If you check with the DMV, you will see that the only ticket he has is the bicycle vehicle collision. The young woman was travelling down a hill around a bend and the Rabbi pulled out of a driveway. She couldn't stop in time as he didn't see her and she didn't see him. It would be best to keep the record straight. This was a tragic accident and both the Rabbi and the Nakata family will never be the same after this terrible event. This is not about Jews. It's about a tragic event that could have happened to anyone. The Rabbi was not not drinking, nor taking drugs, nor speeding according to the one eyewitness and the police who testified at the trial on the city's behalf.
At the trial, it was not determined that Mr. Nakata was not in the crosswalk. Nobody is certain and the defense rested on three points, that Mr. Nakata might not have been in the crosswalk and that he was wearing dark clothing and may have been listening to his Ipod. The only certainty was his wearing dark clothing. The witness in the car behind Schwartz saw Schwartz flip his cell phone closed on impact. Schwartz's daughter's testimony at the accident was also used. She told the police they were late for school so her father was driving fast and was on the cell phone.
It was also determined that Schwartz did not see Mr. Nakata at al before the accident and there were no skidmarks.
This is only part of the story. It is terrible but what is also terrible is Schwartz's total lack of acknowledgement in the Jewish community. This is a man who sends out weekly emails to over a thousand and did not skip a beat after the accident and did not mention the fact of the accident despite it hitting the papers elsewhere. That is odd. On the day of the trial, he did asked his readers to pray for him although did not say why.
Our leaders do often live up to our standards as Mark wrote here. A little transparency for Schwartz and his employer, the Kollel, would have gone a long way.
I feel sorry for Schwartz and his family but I feel much more sympathy for the family of Mr. Nakata.
Riley
If there had been more '82 Colony Park station wagons in eastern Europe in the thirties, it would be a lot easier to keep Kosher in Seattle today!
I continue to be amazed that the Jewish community is presented as a monolith and must be collectively held responsible for the actions of any of us.
I know, Gloria, I know how you feel! They treat us Jews so bad here in America. One rabbi does something not kosher, and we're all responsible! And those Cossacks who made the progrom yesterday, they were impossible!
"In a place like Seattle, to give up driving requires a willingness to deal with some serious inconveniences—but then so does keeping kosher" shows the insensitivity when indeed, the laws of kashrut are all about reverance for life and anyone who keeps kosher, which Rabbi Schwartz certainly does, is devoted to the highest regard for human life. Your analogy tells us a great deal about you and your lack of understanding of how tortured Rabbi Schwartz must be. No consolation to the bereaved family, but, comments like Mr. Fefer's do not lessen this horror to both families.
1) Hitting and killing somebody while driving and talking on the cellphone - $500
2) Serving the community by preparing and doing a Jewish funeral for the one he killed - 500hrs
3) To walk away from this with a clean record... Priceless.
It's not really a matter of denomination as it is of conscience.
How could anyone in his congregation trust or admire a spiritual leader who is spiraling out of control? Jailtime or prison might actually get him grounded in reality again.