On November 13, 2023, a tragedy on the streets of Brooklyn abruptly ended the life of Yi Qin Chen in an incident involving an off-duty officer with the New York City Department of Sanitation (DSNY) Police. After a comprehensive investigation into the incident that took place at the intersection of Eleventh Avenue and 64th Street, the Office of Special Investigation under the guidance of New York Attorney General Letitia James concluded yesterday that no criminal charges would be brought forth against the involved officer.
Details released by the Attorney General’s Office reveal that the DSNY officer had a green light and was executing a left-hand turn, moving at no more than 10 MPH, when his vehicle struck Ms. Chen, who was legally crossing with a "walk" signal. In the moments after the collision, the officer was subjected to a preliminary breath test, yielding no evidence of impairment by drugs or alcohol. The OSI, as explained in their report, found that to successfully prosecute for criminally negligent homicide, it would have to prove, beyond a reasonable doubt, a failure to perceive a substantial risk leading to death, that this failure was a gross deviation from what a reasonable person would observe, coupled with blameworthy conduct. The OSI stated, "the evidence did not provide reason to believe that the officer’s conduct was a gross deviation from the standard that would have been observed by a reasonable person in the same circumstances, or that the officer consciously disregarded a substantial and unjustifiable risk of death."
Attorney General Letitia James’ report on the case of Ms. Chen has raised further questions about pedestrian safety and enforcement of traffic laws, even when incidents involve off-duty law enforcement personnel. The OSI's investigation included a thorough review of security camera footage and the involved officer's recorded interview, seeking to provide a clear understanding of the circumstances leading to Ms. Chen's untimely passing.
The conclusion drawn by the OSI indicates that the officer will not be facing charges. As noted in the OSI's findings, "there is no evidence to suggest that he was impaired by drugs or alcohol or that he was otherwise distracted at the time of the crash," as noted by the Attorney General’s Office.
