New York Attorney General Letitia James’ Office of Special Investigation (OSI) has released its report on the death of Morgan Salomone, who died following a motor vehicle incident involving Nassau County Police Department officers in Wantagh, Nassau County. The incident occurred on November 22, 2024.
According to the OSI report, officers were driving southbound on Wantagh Avenue at approximately 6:26 a.m. in a marked police car traveling at 35 miles per hour. The posted speed limit in that area was 40 miles per hour. As the officers proceeded down Wantagh Avenue, Ms. Salomone was walking west across the crosswalk against the pedestrian signal toward Duckpond Drive North when she was struck by the police vehicle at about 6:29 a.m. She was transported to a local hospital where she was pronounced dead.
The investigation included review of body-worn camera and security footage, interviews with involved officers, and legal analysis. OSI determined there was no evidence that the officer driving was speeding, distracted, impaired by drugs or alcohol, or otherwise operating the vehicle dangerously.
“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 Ms. Salomone,” according to OSI’s findings.
The report explained that for criminally negligent homicide charges under New York law, prosecutors must prove beyond a reasonable doubt that an individual caused a death through gross deviation from reasonable care and blameworthy conduct. “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.”
The report also noted procedures regarding toxicology testing after vehicular incidents involving serious injury or death. A Portable Breath Test (PBT) was administered to the officer two hours after the collision; no evidence indicated impairment by drugs or alcohol.
“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 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 time of collision as practicable to ensure most accurate results,” stated OSI’s recommendation.
OSI further recommended asking involved officers for voluntary consent to toxicology testing whenever collisions result in serious physical injury or death.
