New York Attorney General Letitia James' Office of Special Investigation (OSI) has released a report on the death of A.S., a minor, who died following a motor vehicle collision involving a Suffolk County Police Department (SCPD) officer. The incident occurred on September 9, 2023, and A.S. succumbed to his injuries on September 13, 2023.
The investigation by OSI included video footage analysis from a nearby residence, interviews with the involved officer and civilian witnesses, and legal analysis. It concluded that there is insufficient evidence to prove beyond a reasonable doubt that the officer committed a crime; thus, no criminal charges will be pursued.
On the evening of the incident, an SCPD officer was responding to a medical emergency in a marked police vehicle with emergency lights and siren activated. The officer was traveling southbound on William Floyd Parkway at over 85 MPH when she struck A.S., who was riding his bicycle across the intersection. Despite taking precautionary measures such as activating emergency lights and sirens and attempting to swerve around A.S., the collision resulted in his death.
Under New York law, officers cannot be charged with a crime unless they act recklessly or intentionally while responding to emergencies. The investigation found no evidence of gross deviation from standard conduct or conscious disregard for substantial risk by the officer. Additionally, there was no indication of impairment by drugs or alcohol.
The OSI recommends training precinct supervisors in administering Portable Breath Tests (PBTs) and field sobriety tests for accurate assessment post-collision. They also suggest equipping all police vehicles with dashboard cameras that activate automatically with emergency lights for transparency and accountability. In this case, although equipped with a dashcam, it was not activated during the incident.