DSNY Cop Cleared in Brooklyn Pedestrian Death

BROOKLYN, NY – A New York City Department of Sanitation (DSNY) police officer has escaped criminal charges after striking and killing 64-year-old Yi Qin Chen in Brooklyn last November. The Attorney General’s Office of Special Investigation (OSI) released its report today, concluding there isn’t enough evidence to prove the officer committed a crime.

The incident occurred on November 13, 2023, at 9:29 p.m. at the intersection of Eleventh Avenue and 64th Street in Brooklyn. The off-duty officer was driving southwest on Eleventh Avenue, a two-lane street, when he attempted a left turn onto 64th Street, which is one-way. Ms. Chen was crossing Eleventh Avenue in the crosswalk with the walk signal when she was hit. She died the following day.

OSI’s investigation dug into security footage, the officer’s statement, and legal precedent. According to the report, the officer had a green light and slowed to approximately 10 MPH before making the turn. A preliminary breath test showed no signs of alcohol or drug impairment. The critical legal hurdle, the report states, is proving ‘criminally negligent homicide’ – a high bar requiring a ‘gross deviation’ from reasonable care and conscious disregard for a substantial risk of death.

Investigators determined the officer was driving in the correct lane and adhered to traffic signals. While the tragic outcome is undeniable, OSI found the evidence didn’t demonstrate the officer’s actions were a gross departure from what a reasonable person would have done in the same situation. The report specifically notes the absence of evidence suggesting the officer consciously disregarded any risk to Ms. Chen.

“In New York, proving criminally negligent homicide requires proving beyond a reasonable doubt that a person failed to perceive a substantial and unjustifiable risk that death would occur,” the report states. “That failure to perceive the risk was a gross deviation from a reasonable person’s standard of care; and that the person engaged in blameworthy conduct.” In this case, the AG’s office determined that threshold wasn’t met.

The decision will undoubtedly bring little comfort to Ms. Chen’s family. While the officer won’t face criminal charges, the incident highlights the dangers faced by pedestrians in a city constantly in motion. The full OSI report is available to the public, offering a detailed account of the investigation and the reasoning behind the decision not to prosecute. This case underscores the difficulty of prosecuting traffic fatalities, even when they result in death.