The Office of Special Investigation (OSI) under New York Attorney General Letitia James has concluded its investigation into the 2023 death of Steven Zalewski and determined that no criminal charges will be filed against the Dewitt Police Department (DPD) officer involved.
According to the Office of the New York State Attorney General website, the incident occurred on October 9, 2023, when a DPD officer responding to a call drove over Mr. Zalewski, who was lying in the roadway on Bridge Street, where the speed limit is 40 MPH. According to the OSI report released yesterday, the officer was driving at 28 MPH and below the speed limit. It remains unclear whether Mr. Zalewski had already been struck by another vehicle or was deceased before the officer's vehicle made contact.
The OSI determined that the evidence did not support criminal charges, as it did not meet the legal standard in New York for criminally negligent homicide. The investigation included interviews, body-worn camera footage, and toxicology tests, which showed no impairment on the part of the officer.
However, the OSI identified procedural issues in how the situation was handled. The officer was not given a Portable Breath Test (PBT) at the scene, and a blood sample was not taken until approximately two and a half hours later. While no substances were found in the officer’s system, the OSI recommended additional training for law enforcement in the administration of PBTs and field sobriety tests to improve response protocols in future incidents involving serious injury or death.
