Upstate New York Trooper Avoids Criminal Charges in Fatal Pedestrian Accident

by emallernee | September 23rd, 2011

September 23, 2011

An ex-trooper from Albany, New York, who ran over a drunk man lying across a rural New York road in May will not face criminal charges in the case.

A grand jury decided not to charge the 32-year-old trooper with a pending felony charge of leaving the scene of a fatal accident, determining that the victim may have been already run over by another motorist.

The accident occurred on May 22 around 2:30 a.m. when the trooper, who was off duty at the time, hit a 29-year-old man with his pickup truck in Broadalbin, New York, which is about 35 miles northwest of Albany. The victim had reportedly been walking home from a nearby bar. His autopsy revealed a blood alcohol content of .20.

The officer’s girlfriend called 911 to report a body in the road before the couple left the scene. Investigators later traced the call back to the officer and determined that he was not intoxicated. This 911 call also gave a jury reason to question the “leaving the scene of a fatal accident” charge that the officer faced.

The man is no longer a trooper, though The Seattle Post-Intelligencer says it’s unclear whether he resigned or was fired.

The victim was father to two children, a 10-year-old boy and seven-year-old girl. According to the Times Union, the mother of his son has said that she plans on filing a wrongful death suit against the ex-trooper on behalf of her son.

“There might have been a possibility of saving his life,” the woman said. “I have a 10-year-old who wants answers.”

Read more.

If you or someone you know were the victim of a New York auto accident, the New York accident lawyers at the Law Offices of William Mattar may be able to help you.