Attorney General Letitia James’ Office of Special Investigation (OSI) recently released its report on the death of Morgan Salomone, who died last November after a motor vehicle incident involving members of the Nassau County Police Department (NCPD) in Wantagh.
Following a thorough investigation, which included review of body-worn camera footage and security camera footage, interviews with involved officers, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to prove beyond a reasonable doubt that the involved officers committed a crime, and, therefore, criminal charges are not warranted in this case.
On November 22, 2024 at approximately 6:26 a.m., NCPD officers were driving southbound on Wantagh Avenue in a marked police car at a speed of 35 miles per hour. Wantagh Avenue had two southbound lanes and two northbound lanes. The posted speed limit on Wantagh Avenue in this area was 40 miles per hour.
As the officers drove southbound down Wantagh Avenue, Salomone was walking west against the pedestrian signal in the crosswalk on Wantagh Avenue toward Duckpond Drive North. The officers struck Salomone at approximately 6:29 a.m. She was transferred to a local hospital where, she was pronounced dead.
In New York, proving criminally negligent homicide requires proving beyond a reasonable doubt that a person caused a death when they 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, 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. The officers immediately requested an ambulance following the incident and began providing medical care to Salomone.
In this case, 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, or that the officer failed to perceive a substantial and unjustifiable risk of death. Therefore, OSI concluded that the evidence did not warrant criminal charges.
Determining the possibility of alcohol impairment is an essential component of investigating vehicular crashes. In this case, the officer was administered a Portable Breath Test (PBT) two hours after the incident. While there is no evidence that the officer driving the car was impaired by drugs or alcohol, OSI recommends that all patrol officers and supervisors be trained in the administration of PBTs and field sobriety tests so that any on-duty or off-duty police officer, or any civilian, involved in a motor vehicle collision can be tested as close to the time of the collision as practicable to ensure the most accurate results.
OSI also recommends that, when a motor vehicle collision results in serious physical injury or the death of another person, police agencies should ask the involved officer to voluntarily consent to toxicology testing.