New York Attorney General Letitia James’ Office of Special Investigation (OSI) has released a report regarding the death of Adrian Wilburne, who died on December 9, 2023, following a motor vehicle collision with an off-duty New York City Police Department (NYPD) officer in Nassau County. The investigation involved reviewing footage from traffic and body-worn cameras, analyzing cell phone data, consulting with a collision reconstructionist, and conducting a comprehensive legal analysis.
The incident occurred when the off-duty NYPD officer was driving eastbound on Merrick Road in his personal vehicle. Despite the road’s speed limit being 30 MPH, the officer proceeded through an intersection at approximately 66 to 67 MPH while having a green light. Mr. Wilburne was walking northbound in the crosswalk when he was struck by the 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 and that this failure deviated grossly from standard care. Additionally, conduct must be “morally blameworthy.” In this case, despite exceeding the speed limit significantly, there was no evidence suggesting impairment or distraction by drugs or alcohol or cell phone use by the officer.
The OSI concluded that due to insufficient evidence proving “morally blameworthy” conduct necessary for criminally negligent homicide charges, pursuing criminal charges against the officer would not be feasible.
