The New York Attorney General's Office has concluded its investigation into the death of Morgan Salomone, as announced in a recent report from the Office of Special Investigation (OSI). Salomone had been fatally struck by a Nassau County Police Department (NCPD) vehicle on November 22, 2024, in Wantagh, Nassau County. Following an extensive review process, the OSI determined that the officers involved did not commit a crime and should therefore not face criminal charges.
The Attorney General's Office official report details the circumstances that unfolded on that morning, around 6:29 a.m., when NCPD officers driving south on Wantagh Avenue collided with Salomone at crosswalk just past Duckpond Drive North. Despite immediate medical assistance rendered by the officers and swift transport to an a local hospital, Salomone was pronounced dead. The review indicated that the officer driving the vehicle was not speeding, distracted, or impaired, which contributed to the decision not to levy criminal charges. According to the OSI report, "There is no evidence that the officer driving the police car was speeding, driving while distracted, impaired by drugs or alcohol, or otherwise driving in a dangerous manner."
Under New York law, to prove criminally negligent homicide, one must demonstrate that the accused failed to see a substantial, unjustifiable risk that resulted in death, deviating significantly from what a reasonable person would do. The OSI found no such deviation in this instance, stating, "the evidence does not establish beyond a reasonable doubt that the officer’s conduct was a gross deviation of the standard that would have been observed by a reasonable person in the same circumstances," as per the Attorney General's Office.
In their recommendations, OSI highlighted the importance of prompt impairment testing following vehicular incidents. They specifically recommended that "all patrol officers and supervisors be trained in the administration of PBTs and field sobriety tests." While the officer involved in Salomone's death was tested for alcohol impairment, it was two hours post the incident, raising concerns about the accuracy of the results. OSI advocates for such tests to be performed as close to the time of the collision as possible to ensure they accurately reflect any potential impairment, as reported by the Attorney General's Office.
The case of Morgan Salomone has raised important questions regarding protocol following collisions involving law enforcement. With OSI's investigation now concluded, attention turns to the implementation of their recommendations across police departments. For additional information, the full OSI report can be read at the Attorney General's Office official website.
