New York Attorney General Letitia James’ Office of Special Investigation (OSI) has released a report on the death of Adrian Wilburne, who died following a motor vehicle collision involving an off-duty New York City Police Department officer in Nassau County on December 9, 2023. The investigation involved reviewing traffic and body-worn camera footage, cell phone data, consulting with a collision reconstructionist, and conducting legal analysis.
The incident occurred when the off-duty officer was driving eastbound on Merrick Road at speeds between 66 to 67 MPH in a 30 MPH zone. As he approached the intersection with Oceanside Road, he had a green light. Mr. Wilburne was crossing northbound in the crosswalk when he was struck by the officer’s vehicle and pronounced dead at the scene.
To prove criminally negligent homicide in New York, it must be shown beyond a reasonable doubt that there was a failure to perceive a substantial risk leading to death, representing a gross deviation from standard care and blameworthy conduct. Despite exceeding the speed limit significantly, OSI found no evidence that the officer’s actions were “morally blameworthy,” as required by case law for such charges. There was no indication of impairment or distraction by drugs or alcohol.
Given these findings, OSI concluded that there is insufficient evidence to pursue criminal charges against the officer for criminally negligent homicide.
