Off-Duty MTA Officer Walks Free in Jose Francisco Escobar Vasquez Death

New York Attorney General Letitia James’ Office of Special Investigation (OSI) has exonerated an off-duty MTA police officer in the tragic death of Jose Francisco Escobar Vasquez, who was killed in a collision with the officer’s vehicle on March 15, 2025.

The incident occurred at 12:12 a.m. on Route 110 in North Amityville, Suffolk County, where an intersection lacking traffic control signals or marked crosswalks proved fatal for Escobar Vasquez. The OSI’s investigation revealed that the officer, driving southbound on a wet and dark night, struck Escobar Vasquez as he walked into the southbound lane.

Despite a comprehensive review of 911 calls, body-worn camera footage, nearby security cameras, and interviews with the officer and witnesses, OSI concluded that the evidence did not support criminal charges. The report stated that the officer was driving within the speed limit at the time of the collision and there was no evidence of distracted or impaired driving.

Under New York law, criminally negligent homicide requires proving that a person caused a death by failing to perceive an unjustifiable risk of death. However, OSI found no evidence indicating the officer’s actions were a gross deviation from reasonable care or that he failed to perceive such a risk. As a result, the office determined that criminal charges would not be warranted.

This decision is another blow to families seeking justice in police-related fatalities, as it highlights the challenges faced in proving negligence beyond a reasonable doubt in these types of incidents.

The OSI’s report has been met with mixed reactions from the community and legal experts, who argue that while the office followed due process, the outcome leaves questions regarding the standard of care for off-duty police officers on the streets.