The state attorney general's Office of Special Investigation found that prosecutors could not prove a crime beyond a reasonable doubt in the death of a pedestrian struck by an off-duty Cheektowaga police officer in West Seneca.
Paul Alvarez died Dec. 18, 2025, after he was hit on Clinton Street, according to a report released by Attorney General Letitia James' office.
Investigation reconstructs the collision
The report said Alvarez was walking east near the center of the westbound lane around 9:15 p.m. He was wearing black clothing with his hood up on a two-lane road that has no sidewalks, a 45 mph speed limit and gaps between streetlights.
About 10 minutes later, the off-duty officer was driving west when his dog yelped from the back seat. The officer told investigators he glanced toward the dog, looked back at the road and saw something directly ahead before striking it.
The officer stopped, found Alvarez and directed a bystander to call 911. Members of the Union Volunteer Fire Department provided aid until an ambulance arrived, and Alvarez was pronounced dead at a hospital.
West Seneca police administered field sobriety tests, which the officer passed. A preliminary breath test showed a blood alcohol content of 0.00%, and the officer later provided a written statement.
OSI reviewed surveillance and body-camera footage, police reports, witness statements, the medical examiner's report and an interview with the officer.
Report recommends blood testing after officer crashes
Under state law, criminally negligent homicide requires proof that a person failed to perceive a substantial and unjustifiable risk, that the failure was a gross deviation from reasonable care and that the conduct was blameworthy.
OSI found no evidence the officer was speeding, impaired or otherwise driving dangerously. Although the officer was distracted and did not see Alvarez, the office concluded the evidence did not meet the criminal standard.
The report recommended that police departments apply the same collision-investigation standards to officers and civilians and obtain blood samples for toxicology testing. It said the officer volunteered to provide a sample, but West Seneca police did not obtain one.
OSI also recommended seeking a court order when an involved officer refuses a blood test.
FingerLakes1.com is the region’s leading all-digital news publication. The company was founded in 1998 and has been keeping residents informed for more than two decades. Have a lead? Send it to news@fingerlakes1.com.