New York Attorney General Letitia James' Office of Special Investigation (OSI) has released a report regarding the death of Lynn Walsh. The incident occurred on March 10, 2023, when Walsh was involved in multiple vehicle collisions while crossing Sunrise Highway at Unqua Road in Massapequa Park, Nassau County. An off-duty New York City Police Department (NYPD) sergeant was one of the drivers involved.
The investigation by OSI included interviews with civilian witnesses and a review of body-worn camera footage from a responding officer. After thorough legal analysis, OSI determined that criminal charges against the off-duty sergeant were not warranted. "A prosecutor would not be able to prove beyond a reasonable doubt at trial that the off-duty sergeant committed a crime," stated the report.
On the day of the incident, Walsh was struck by three vehicles while using a pedestrian crosswalk. The second vehicle was driven by an off-duty NYPD sergeant who had approached the intersection with a green light. The sergeant swerved to avoid hitting another car that had stopped abruptly and struck Walsh in the process. He attempted to assist her after pulling over, but she was subsequently hit by a third vehicle which fled the scene.
Walsh succumbed to her injuries on March 17, 2023, after being transported to a local hospital. According to New York law, proving criminally negligent homicide requires demonstrating that an individual failed to perceive substantial risk leading to death and engaged in blameworthy conduct deviating grossly from standard care.
The OSI's findings indicate no evidence suggesting that the sergeant was speeding or driving dangerously. There is also no indication he could have avoided striking Walsh or that his actions contributed significantly to her death. A preliminary breath test conducted within an hour showed no impairment due to drugs or alcohol.
"The evidence does not establish beyond a reasonable doubt that the sergeant’s conduct was a gross deviation of the standard that would have been observed by a reasonable person," concluded OSI.