New York Attorney General Letitia James' Office of Special Investigation (OSI) has released a report regarding the death of Yi Qin Chen. The incident occurred on November 14, 2023, following a motor vehicle accident involving an off-duty peace officer from the New York City Department of Sanitation (DSNY) Police.
The investigation involved reviewing security camera footage, the officer's recorded interview, and conducting a comprehensive legal analysis. OSI concluded that there is insufficient evidence to prove beyond a reasonable doubt that the DSNY officer committed a crime. Consequently, no criminal charges will be filed.
The accident took place on November 13, 2023, at 9:29 p.m. The off-duty DSNY officer was driving southwest-bound on Eleventh Avenue in Brooklyn when he turned left at the intersection with 64th Street. Ms. Chen was walking with a "walk" signal and entered the crosswalk where she was struck by the vehicle.
In New York, to prove criminally negligent homicide, it must be shown beyond a reasonable doubt that there was a failure to perceive a substantial risk leading to death and that this failure was a gross deviation from standard care. In this case, the officer had a green light and slowed down to no more than 10 MPH while turning.
A preliminary breath test conducted within an hour of the collision showed no evidence of impairment by drugs or alcohol. There was also no indication that the officer was distracted at the time of the crash.
Although Ms. Chen's death resulted from the collision, OSI found no evidence suggesting that the officer's actions deviated grossly from what would be expected from a reasonable person under similar circumstances or that he consciously disregarded any substantial risk of death.