NYPD officer who fatally hit pedestrian in Oceanside will not be criminally charged, attorney general says
An NYPD officer who struck and killed a pedestrian while off-duty in Nassau County will not face criminal charges, New York Attorney General Letitia James announced.
The officer fatally hit pedestrian Adrian Wilburne, 53, of Hempstead, around 1:57 a.m. on Dec. 9, 2023, Newsday reported at the time.
Wilburne was crossing Merrick Road at the intersection of Oceanside Road in Oceanside when the off-duty policeman drove into him while traveling around 66 or 67 mph, according to a report that James’ Office of Special Investigation released Friday. The office investigates deaths caused by on- and off-duty police officers, as per state law.
A Nassau police medic pronounced Wilburne dead at the scene at 2:09 a.m., Newsday previously reported.
Although the officer was speeding, the report found "no evidence" that he was distracted or impaired by any substance at the time of the crash.
The attorney general’s investigation concluded that while the officer caused the pedestrian's death, "a prosecutor would not be able to prove beyond a reasonable doubt that [the officer] committed a crime when he caused Mr. Wilburne’s death," according to the report. "Therefore, OSI will not seek charges and closes the matter with the issuance of this report."
The attorney general’s document includes results of an autopsy conducted three days after the crash. A doctor with the Nassau County Office of the Medical Examiner concluded that Wilburne died from an "accident" that resulted in "blunt force trauma to head, neck, torso, and extremities"
Photographs contained in the report of the NYPD officer’s personal vehicle reveal damage to the passenger side bumper and headlight, plus a large hole in the windshield due to the crash.
James’ office reviewed footage from both traffic cameras and body cameras worn by members of the Nassau County Police Department who responded to the crash. Nassau officers questioned the NYPD officer, who said he was heading home from work and had a green light when a pedestrian "came in front of him, and that everything happened quickly," the report reads.
The NYPD officer told Nassau police that he does not drink. One responding officer "administered a portable breath test," which determined the NYPD officer’s blood alcohol concentration was a 0.00%, according to the report.
In a 911 call the officer made immediately following impact, he told dispatchers he was traveling around 50 mph at the time of the crash. The report determined the officer was driving at least 15 mph more than he reported to the dispatcher.
The officer was traveling more than twice the posted 30 mph speed limit, but there were no other factors that could lead a court to find him "morally blameworthy," the report said. The attorney general investigation found "no evidence" that the NYPD officer was distracted by either his work-issued or personal cellphones at the time of the accident, according to the report.
"Here, [the officer] drove faster than the speed limit, but he had the green light when he entered the intersection, and there is no evidence that he was intoxicated or impaired, or improperly distracted by cellphone use," the document reads. "In these circumstances, OSI concludes that a court would not find [the officer’s] conduct to be ‘morally blameworthy’ ... Therefore, OSI believes a prosecutor would not be able to prove beyond a reasonable doubt that [the officer] committed criminally negligent homicide."
State law requires OSI to review deaths that may have been caused by on-duty and off-duty police officers, correction officers and other peace officers. If the review indicates the officer caused the death, OSI will conduct a full investigation.
Through his attorney, the officer declined to be interviewed by the attorney general's office, the report said.
The NYPD did not respond to Newsday’s request for comment Friday afternoon.
Nicholas Grasso covers breaking news for Newsday. A Long Island native, he previously worked at several community newspapers and lifestyle magazines based on the East End.