New York – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Morris Sprachman, who died on December 13, 2022, following a motor vehicle collision involving an officer of the Nassau County Police Department (NCPD) in Seaford, Nassau County. Following a thorough investigation, including interviews with the involved police officer and other witnesses, review of nearby surveillance footage, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to prove beyond a reasonable doubt at trial that the officer committed a crime, and therefore charges could not be pursued in this matter.
On the morning of December 9, 2022, an NCPD officer driving a marked police car was responding to a medical emergency call at an elementary school. The officer was driving on Hicksville Road. Mr. Sprachman was in his vehicle at the intersection of Hicksville Road and North Suffolk Road, waiting to make a left-hand turn into a shopping center. Although there is a traffic signal at the intersection, there is no separate signal for making a left turn from Hicksville Road in either direction. The officer, with his police lights on, was proceeding through the intersection with a green light when Mr. Sprachman made a left turn and collided with the officer’s vehicle. Mr. Sprachman was transported to a local hospital where he was pronounced dead five days later.
Under New York State Vehicle and Traffic Law (VTL), police officers are permitted to exceed the maximum speed limit and are not required to use sirens and lights when engaged in an emergency situation. In this case, the officer was traveling above the posted speed limit of 40 mph when the collision took place, but he was driving in the correct lane and there is no evidence he was impaired or distracted. The officer had the right of way and had no reason to anticipate that Mr. Sprachman would turn his car into the intersection. The officer had a reasonable basis for driving above the speed limit in responding to a cardiac emergency at a school.
Under these circumstances, based on the law and evidence, OSI determined that criminal charges could not be pursued in this matter.