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Officer, No Charges in Collision Death, New York, 2023

New York – A dramatic turn in the case of A.S., a minor who died following a collision with Suffolk County Police Department (SCPD) Officer on September 9, 2023. The Office of Special Investigation (OSI) under Attorney General Letitia James today released its findings, indicating no criminal charges will be brought against the officer.

The report details how the SCPD officer was responding to an emergency with lights and siren activated when she collided with A.S., who was biking across William Floyd Parkway. The minor died from his injuries on September 13, 2023. However, OSI concluded that there is insufficient evidence to prove beyond a reasonable doubt that the officer committed a crime.

OSI’s legal analysis found that an officer responding to an emergency in a police vehicle cannot be charged with a crime unless acting recklessly or intentionally. The officer was traveling over 85 MPH and struck A.S., but OSI determined her actions did not meet the threshold of reckless conduct under New York law.

Despite clearing the officer, OSI highlighted the need for better alcohol impairment testing in such incidents. It noted that no Portable Breath Test (PBT) was conducted on the officer following the crash, and recommended training for precinct supervisors in administering PBTs to ensure accurate results.

In a statement, Attorney General James emphasized the thoroughness of the investigation and the importance of transparency in such matters. The OSI report is now available to the public, providing insight into the legal considerations surrounding police officer actions during emergency responses.

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