NEW YORK – New York Attorney General Letitia James’ Office of Special Investigations (OSI) today released a report on the death of Delroy Morris in Brooklyn. After a thorough investigation, including CCTV video, radio communications, eyewitness testimony, and crash reconstruction analysis, OSI concluded that criminal charges were not warranted in the case.
Two New York City Police Department (NYPD) officers respond to a 911 call following a call that a man was shot at the intersection of Wythe and Metropolitan Avenues in Williamsburg, Brooklyn, on the night of July 25, 2020. Did. Officers were driving west down Metropolitan Avenue in a NYPD vehicle with sirens and lights on. The police officer driving the vehicle slowed down as Driggs approached his avenue, ignoring a red light that New York state motor vehicle laws allow police officers to respond to in an emergency. I was driving. While crossing an intersection, Morris, who was riding his motorcycle down Driggs Avenue, was hit by a vehicle. Morris was thrown from a motorcycle that landed under a car. Morris was taken to a local hospital where he was pronounced dead in the early hours of July 26, 2023.
NYPD’s Crash Investigation Service (CIS) reconstructed the crash and determined that the NYPD officer who was driving the vehicle was driving at about 23 MPH, braked before entering the intersection, and had no obstructions. Did. Officers were tested for alcohol after the incident, and he was negative. CIS determined that Mr. Morris was traveling between 37 and 49 miles per hour before the collision.
Under New York law, to prove manslaughter, you must prove beyond a reasonable doubt that you did not recognize a substantial and unreasonable risk that a person would die. Failure to recognize risk was a significant deviation from the standard of care of a reasonable person. and that the person engaged in a reprehensible act. In this case, there is no evidence that the officer was acting unnecessarily risky, nor that he was speeding or injured.
The NYPD patrol guide requires that patrol supervisors, if eligible, must administer alcohol tests to police officers involved in fatal crashes. A patrol supervisor, who arrived at the scene minutes after the crash, was not qualified to administer the test to the driving officer, so he was not given a breathalyzer test until the CIS arrived two hours later. Although there is no evidence that the officer in question was disabled or intoxicated, OSI recommends that all patrol supervisors be trained in administering alcohol breath tests to avoid similar delays in the future. increase.
OSI also recommends that the NYPD require all police officers whose duties involve driving NYPD vehicles to recertify for emergency vehicle driver certification every five years.
