The New York Attorney General's Office has concluded its investigation into the tragic death of Sabeeh Alalkawi, which occurred after his vehicle was struck by a police car. The Attorney General's Office of Special Investigation (OSI) announced that it will not pursue criminal charges against the Troy Police Department (TPD) officer involved in the February 22, 2023 collision in Rensselaer County. According to the report, which was made public yesterday, the OSI's exhaustive analysis included several videos, interviews with witnesses, and a comprehensive legal review, as mentioned by the Attorney General's official statement.
The incident took place shortly after midnight, with the TPD officer responding to a 911 call. While crossing an intersection against a red light but with turret lights activated, the officer collided with Mr. Alalkawi's vehicle, who had the green light. Even though the officer was traveling at high speeds—slowing down from 88 MPH to 65 MPH before the impact—the OSI deemed that the evidence didn't establish a "gross deviation" from expected behavior. In the OSI's evaluation, the reduction in speed and attempt to swerve demonstrated an effort to mitigate the risk, as stated in the official report.
Under New York law, a police officer cannot be charged with a crime for causing death in a vehicle collision while responding to an emergency, unless their actions are categorized as reckless or intentional. The legal threshold for recklessness, outlined by the OSI, constitutes a severe deviation from the norm and a knowing disregard for substantial risks. The authorities found no evidence of the officer being impaired or distracted, effectively ruling out charges of Manslaughter in the Second Degree, which would have required clear evidence of recklessness in the officer's behavior on that fateful night.
While the OSI acknowledged the officer's responsibility in Mr. Alalkawi's death, their investigation leaned heavily on the specifics of the situation juxtaposed against legal precedents. Highlighting the lack of evidence for reckless behavior—a core requirement for criminal charges—the report concluded, "the evidence does not establish beyond a reasonable doubt that the officer's conduct was a gross deviation from the standard that would have been observed by a reasonable officer in the same circumstances," as quoted in the official statement. This determination has effectively closed the case concerning the pursuit of criminal charges in this matter, though it does little to lessen the loss felt by those who knew and loved Sabeeh Alalkawi.
