New York Attorney General Letitia James’ Office of Special Investigation (OSI) has determined that no criminal charges will be filed in the case of Lynn Walsh’s death. Walsh, a pedestrian, died from injuries sustained in a series of motor vehicle collisions in Massapequa Park, Nassau County, in March 2023.
The incident occurred on March 10, 2023, as Walsh attempted to cross Sunrise Highway at Unqua Road. She was struck by three vehicles in succession, including one driven by an off-duty NYPD sergeant. OSI’s report, released Monday, concluded that there was insufficient evidence to prove criminal wrongdoing by the sergeant.
According to the report, the sergeant was traveling with a green light in his favor when the car in front of him stopped abruptly. He swerved to avoid a collision and unintentionally struck Walsh, who was in the crosswalk. Despite his efforts to assist her, Walsh was then hit by a third car, which fled the scene. She succumbed to her injuries on March 17, 2023.
To pursue a criminally negligent homicide charge, prosecutors must prove beyond a reasonable doubt that the accused failed to perceive a significant and unjustifiable risk of death and acted in gross deviation from a reasonable person’s standard of care. OSI found no evidence that the sergeant’s actions met these criteria.
The investigation included witness interviews, body camera footage review, and legal analysis. The report noted that the sergeant was not speeding, impaired, or distracted, and there was no indication that he could have avoided the collision.
“The evidence does not establish that the sergeant’s conduct was a gross deviation of a reasonable person’s standard of care or that he consciously disregarded a substantial and unjustifiable risk of death,” the report stated.
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