The Office of the New York Attorney General Letitia James has concluded its investigation into the death of Lynn Walsh, a pedestrian who was fatally struck on March 17, 2023, after a series of collisions that involved an off-duty NYPD sergeant. According to the report released by the Office of Special Investigation (OSI), no criminal charges will be filed against the sergeant, as it was determined that the evidence did not prove beyond a reasonable doubt any criminally negligent behavior.
As reported by the Office of the New York State Attorney General, Lynn Walsh was crossing Sunrise Highway at the intersection with Unqua Road in Massapequa Park, Nassau County when the incident occurred. The off-duty officer, who had a green light, swerved to avoid a stopped car and inadvertently hit Ms. Walsh as she was in the crosswalk. Although the officer stopped to assist, Ms. Walsh was subsequently struck by a third vehicle, which did not remain at the scene, and her injuries proved fatal a week later.
An in-depth analysis by the OSI looked at witness statements, body-worn camera footage, and forensic evidence. The investigation assessed whether the off-duty officer's actions constituted a gross deviation from what would be expected of a reasonable person under similar circumstances. According to the report, the sergeant was not impaired or driving in a hazardous manner. It appears that there was insufficient time for him to register and react to Ms. Walsh's presence in the crosswalk to avoid the collision.
Criminally negligent homicide in New York requires the prosecution to establish, beyond a reasonable doubt, that a person failed to perceive a significant and unwarranted risk that death would occur, as detailed by the Office of the New York State Attorney General. The OSI report explains, "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 in the same circumstances, or that the sergeant consciously disregarded a substantial and unjustifiable risk of death." As such, the OSI concluded that the sergeant's actions did not warrant criminal charges.
