New York Attorney General Letitia James' Office of Special Investigation (OSI) has released a report on the death of Sabeeh Alalkawi. The incident occurred on February 22, 2023, involving a Troy Police Department officer in Rensselaer County. After conducting an extensive investigation that included reviewing video footage from various sources and interviewing witnesses, OSI concluded that criminal charges would not be pursued against the officer involved.
The accident happened shortly after midnight when a TPD officer was responding to a 911 call. The officer was driving westbound on Hoosick Street with turret lights activated and approached the intersection with 15th Street at high speed. Meanwhile, Mr. Alalkawi was traveling southbound on 15th Street and had the right of way with a green light when he entered the intersection and was struck by the police vehicle.
According to OSI's analysis under New York law, a police officer can only be charged if they act recklessly or intentionally while responding to an emergency in a police vehicle. Manslaughter in the Second Degree requires proof of recklessness, meaning conscious disregard for substantial risk leading to death and gross deviation from reasonable conduct standards.
In this case, although the officer caused Mr. Alalkawi's death, there wasn't enough evidence to prove beyond reasonable doubt that his actions were reckless or grossly deviated from what would be expected of another reasonable officer under similar circumstances. The investigation found that the officer took precautions such as activating emergency lights and sirens and slowing down before entering the intersection despite having run through a red light.
Furthermore, there was no indication that impairment due to drugs or alcohol or distractions like texting contributed to this incident. Consequently, OSI determined insufficient evidence existed for pursuing criminal charges against him.