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Investigation concludes no charges for state police officer in pedestrian fatality

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Tuesday, December 24, 2024

Investigation concludes no charges for state police officer in pedestrian fatality

State AG
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Attorney General Letitia James | Official website

New York Attorney General Letitia James' Office of Special Investigation (OSI) has released a report regarding the death of Luis Morocho. Morocho died on August 8, 2023, following an encounter with an off-duty New York State Police (NYSP) trooper in Wappingers Falls, Dutchess County. After a detailed investigation that included interviews with witnesses and analysis of video footage, OSI determined that there is not enough evidence to charge the involved NYSP trooper with a crime.

The incident occurred at 9:02 p.m. on August 8, 2023, when the off-duty trooper was driving north on State Route 9 in his personal vehicle. As he approached the intersection of State Route 9 and New Hackensack Road, Mr. Morocho crossed against the crosswalk signal and into the path of the trooper's vehicle. Despite efforts by the trooper to avoid the collision by braking and swerving, Mr. Morocho was struck and later pronounced dead at a local hospital.

For criminally negligent homicide charges in New York, it must be proven beyond reasonable doubt that an individual failed to perceive a substantial risk leading to death and engaged in conduct deviating grossly from what would be expected from a reasonable person. The OSI found no evidence suggesting that the trooper exceeded speed limits or was impaired during the incident.

In conclusion, OSI stated that while Mr. Morocho's death resulted from being hit by the trooper’s car, there was insufficient evidence to prove any criminal conduct by the officer involved.

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