New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Lynn Walsh, who died on March 17, 2023 following a series of motor vehicle collisions, including one involving an off-duty member of the New York City Police Department (NYPD) in Massapequa Park, Nassau County on March 10, 2023. After a thorough investigation, which included interviews with civilian witnesses, review of body-worn camera footage from a responding officer, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to prove beyond a reasonable doubt at trial that the off-duty sergeant committed a crime, and therefore criminal charges are not warranted in this case.

On March 10, Ms. Walsh was struck by three cars in succession while she was in the pedestrian crosswalk crossing Sunrise Highway at the intersection at with Unqua Road in Massapequa Park, Nassau County. Sunrise Highway is a multi-lane road with cars traveling both eastbound and westbound. The intersection where Ms. Walsh was struck is controlled by traffic lights in all directions, including pedestrian walk/don’t walk signals. Ms. Walsh was on the west side of Unqua Road and crossing from the south to the north side of Sunrise Highway when she was struck by the first vehicle.

The second vehicle was driven by an off-duty NYPD sergeant. The sergeant was approaching the intersection at Unqua Road with the green light in his favor, when the car in front of him abruptly stopped. The sergeant swerved out of his lane to avoid hitting the stopped car and struck Ms. Walsh, who was in the crosswalk. The sergeant pulled over to attempt to help Ms. Walsh, but she was then struck by a third car, which left the scene without stopping. Ms. Walsh was transported to a local hospital, where she died from her injuries on March 17, 2023.

In New York, proving criminally negligent homicide requires proving beyond a reasonable doubt that a person failed to perceive a substantial and unjustifiable risk that death would occur; that the failure to perceive the risk was a gross deviation from a reasonable person’s standard of care; and that the person engaged in blameworthy conduct. In this case, the sergeant had a green light as he approached the intersection, and he swerved out of his lane of travel to avoid striking the stopped car. There is no reason to believe that he was speeding or driving in a dangerous manner, or that he could have seen Ms. Walsh in the pedestrian walkway in time to avoid striking her, or that the collision with his car contributed to Ms. Walsh’s death.

The sergeant was administered a preliminary breath test (PBT) within an hour of the collision, and there is no reason to believe that he was impaired by drugs or alcohol or that he was otherwise distracted at the time of the crash.

In this case, 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. Therefore, OSI concluded that there was insufficient evidence to pursue criminal charges.