The New York Attorney General's Office of Special Investigation concluded that no criminal charges will be filed against an off-duty sanitation officer involved in the death of Yi Qin Chen. After reviewing evidence and analysis, OSI determined the officer was not criminally negligent. Chen was lawfully in the crosswalk when struck while the officer turned left at a green light, traveling at approximately 10 mph. The investigation did not reveal impairment or distraction, leading to the conclusion that the evidence did not support charges of gross negligence.
After a thorough investigation, OSI concluded that prosecutors would not be able to prove beyond a reasonable doubt that the officer committed a crime.
Criminally negligent homicide requires proving that a person failed to perceive a substantial and unjustifiable risk that death would occur.
The officer was driving within the correct lane, had the right of way and had slowed his vehicle to approximately 10 mph while turning.
Though the crash resulted in Chen's death, OSI found insufficient evidence to establish that the officer's actions were grossly negligent.
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