Attorney General James’ Office of Special Investigation Releases Report on Death of Teresa Gucciardo

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Teresa Gucciardo, who died on December 22, 2022 following a motor vehicle incident involving an off-duty Nassau County Police Department (NCPD) officer on November 28, 2022 in Commack, Suffolk County. Following a thorough investigation, which included review of Suffolk County Police Department (SCPD) incident reports, medical records, and audio from a 911 call, as well as comprehensive legal analysis, OSI concluded that a prosecutor would not be able to prove beyond a reasonable doubt that the involved NCPD officer committed a crime, and therefore criminal charges are not warranted in this case.

At approximately 1:54 p.m. on November 28, an off-duty NCPD officer was driving in his personal vehicle in the parking lot of a shopping center located at 50 Veterans Memorial Highway in Commack. The officer made a left turn and struck Ms. Gucciardo, who was walking in the parking lot. Ms. Gucciardo was transferred to a local hospital, where she died from her injuries on December 22, 2022.

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, there is no evidence that the officer was speeding or driving in a dangerous manner. The officer immediately called 911 following the incident and remained on the scene to provide statements to SCPD.

In this case, the evidence does not establish beyond a reasonable doubt that the officer’s conduct was a gross deviation of the standard that would have been observed by a reasonable person in the same circumstances, or that the officer consciously disregarded a substantial and unjustifiable risk of death. Therefore, OSI concluded that there was insufficient evidence to pursue criminal charges.

Determining the possibility of alcohol impairment is an essential component of investigating vehicular crashes. In this case, the officer was never administered a Portable Breath Test (PBT). While there is no evidence that the officer driving the car was impaired by drugs or alcohol, OSI recommends that all officers and supervisors administer PBTs in any vehicular crashes involving on-duty or off-duty police officers as close to the time of the collision as practicable to ensure the most accurate results.