Two New York City police officers will not face charges after striking a pedestrian with their car in April 2022 in what was described by a spokesman for New York’s attorney general as a “horrible and unintentional tragedy.”
Ronald Anthony Smith, 54, was killed last year while standing on the median of the busy Eastern Parkway. Officers Orkan Mamedov and Evan Siegel were driving an NYPD van that was transporting a detained individual, when an SUV swerved in front of them, causing the officers to accidentally strike Smith, Fox 5 New York reported.
An investigation into the incident showed that although the NYPD vehicle was speeding prior to the accident, “rain and low lighting conditions, in addition to Mr. Smith’s dark clothing, contributed to the officer’s inability to see Mr. Smith,” according to a press release from New York Attorney General Letitia James.
NO CHARGES: The state attorney general’s office says two NYPD officers operating a vehicle that struck and killed Ronald Anthony Smith will not face charges. https://t.co/vbqXyXClwV
— News12BX (@News12BX) May 23, 2023
“Under New York law, proving criminally negligent homicide requires proving beyond a reasonable doubt that a person failed to perceive a substantial and unjustifiable risk that death would occur; that the failure to perceive the risk was a gross deviation from a reasonable person’s standard of care; and that the person engaged in blameworthy conduct,” the press release stated. “In this case, based on the facts and the evidence, OSI cannot conclude that the officer acted with reckless disregard for the safety of others, or conscious indifference to the risks associated with his driving.”
“It was determined that Mr. Smith’s death was a horrible and unintentional tragedy,” a spokesperson for the attorney general told Fox 5 New York.
The decision was met with anger and frustration from Smith’s family, who have demanded that the officers involved be fired. “My family is outraged. He committed no sin. He committed no crime,” Julie Floyd, Smith’s sister, told CBS News New York. “They need to fire these cops because through their own negligence, they killed my brother.” (RELATED: Socialists Denounce NYPD For Driving Over Union Striker)
James’ office noted that several recommendations were made by the Office of Special Investigation (OSI) to prevent future incidents, including setting a “higher standard of safety and security for the transportation of individuals in custody,” the press release stated.