By Hank Russell
A report by the Office of the Attorney General’s (OAG) Office of Special Investigation (OSI) found that an off-duty village officer was not criminally responsible for the death of a pedestrian in Hampton Bays.
According to the report, Margaret Lucey died after being struck by an off-duty member of the Quogue Village Police Department (QVPD). After a thorough investigation, which included the review of a 911 call, footage from nearby security cameras, an interview with a civilian witness, scene photographs, and comprehensive legal analysis, OSI determined that a prosecutor would not be able to prove beyond a reasonable doubt that the involved officer committed a crime, and therefore, criminal charges are not warranted in this case.
At approximately 10:52 a.m. on January 8, 2024, an off-duty QVPD officer was driving in his personal vehicle on Good Ground Road in Hampton Bays. As the officer was making a left-hand turn from Good Ground Road onto Ponquogue Avenue, he struck Lucey, who was crossing Ponquogue Avenue in the crosswalk. The intersection of Good Ground Road and Ponquogue Avenue is controlled by overhead traffic lights and includes a marked pedestrian crosswalk and a crosswalk signal light.
The officer immediately called 911 to request emergency services and began performing life-saving measures. Lucey was transported to a local hospital, where she was later 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,” OSI stated. “In this case, there is no evidence that the officer was speeding, driving while distracted, impaired by drugs or alcohol, or otherwise driving in a dangerous manner. The officer immediately requested an ambulance and began performing life-saving measures.”
OSI added, “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.”