The Office of Special Investigation (OSI) under New York Attorney General Letitia James has released its findings regarding the death of Zabina Gafoor. The incident occurred on February 17, 2023, in Queens and involved a New York City Police Department (NYPD) officer. After an extensive investigation, OSI determined that there is insufficient evidence to charge the officer with a crime.
The event took place when an NYPD officer was responding to an emergency call about an "officer in need of additional units." The officer was driving at speeds exceeding 70 MPH on Beach Channel Drive, where the speed limit is 25 MPH. As he approached Bay 32nd Street, a car ahead slowed to make a left turn. The officer attempted to pass by moving into the opposing lane but collided with the turning vehicle. This collision caused the police car to strike Ms. Gafoor, who was standing nearby.
According to New York's legal standards, a police officer can only be charged if their actions were reckless or intentional while responding to an emergency. OSI found no evidence that the officer's conduct deviated grossly from what would be expected from a reasonable officer under similar circumstances or that he disregarded substantial risks.
Although responsible for Ms. Gafoor’s death, the evidence did not support charges of Manslaughter in the Second Degree against the officer due to his response being part of emergency duties and taking precautions such as activating lights and sirens.
Furthermore, after the incident, no alcohol test was administered to the involved officer despite NYPD guidelines requiring it following fatal collisions. OSI noted this procedural lapse and suggested training all patrol supervisors in administering breath tests promptly.
Additionally, OSI recommends annual Emergency Vehicle Operator Course (EVOC) training for all NYPD officers to reduce future accidents involving police vehicles and civilians.