Attorney General James’ Office of Special Investigation Releases Report on Death of Adrian Wilburne

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Adrian Wilburne, who died on December 9, 2023 following a motor vehicle collision involving an off-duty member of the New York City Police Department (NYPD) in Nassau County. After a thorough investigation, which included review of footage from a nearby traffic camera and body-worn camera footage from responding officers, review of cell phone data, a consultation with a collision reconstructionist, and comprehensive legal analysis, OSI determined that a prosecutor would not be able to prove beyond a reasonable doubt at trial that the involved officer’s conduct constituted criminally negligent homicide, and therefore criminal charges would not be pursued in this matter.

In the early morning hours of December 9, an off-duty NYPD officer was driving in his personal vehicle eastbound on Merrick Road in Nassau County. Merrick Road has a speed limit of 30 MPH and intersects with Oceanside Road at a crosswalk with a traffic light. As the officer approached the intersection with Oceanside Road, he had a green light and proceeded through the intersection at a speed of 66 to 67 MPH. Mr. Wilburne was walking northbound in the crosswalk and was struck by the off-duty officer’s vehicle. Mr. Wilburne was pronounced dead at the scene.

In New York, proving criminally negligent homicide requires proving beyond a reasonable doubt that a person caused a death when they 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. In this case, though the officer was driving more than 30 MPH above the posted speed limit, there was no evidence that the officer’s conduct was “morally blameworthy” as required by case law to constitute criminally negligent homicide. Evidence indicates that the officer was not impaired by drugs or alcohol or distracted by his cell phone at the time of the crash.

In this case, though the collision caused Mr. Wilburne’s death, OSI concludes a prosecutor would not be able to prove beyond a reasonable doubt at trial that the officer’s conduct was “morally blameworthy,” constituting criminally negligent homicide. Therefore, OSI concluded that there was insufficient evidence to pursue criminal charges.