BUFFALO, N.Y. (WKBW) — New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Carl Slone, who was struck and killed by an off-duty member of the Erie County Sheriff's Office.
According to the AG, an investigation into the incident included:
- Interviews with civilian witnesses
- Review of the involved deputy’s written statement
- Footage from body-worn cameras and a nearby security camera
- Review of a collision reconstruction analysis
- Comprehensive legal analysis
The AG said that following the investigation, the OSI determined that a prosecutor would not be able to prove beyond a reasonable doubt that the involved officer committed a crime and that criminal charges are not warranted.
According to the AG, at 3:16 p.m. on January 9, an off-duty ECSO deputy was pulling out of a parking lot in his personal truck on Elmwood Avenue in the area between Allen Street and Virginia Street, which has no marked crosswalk. The deputy waited for traffic to clear and then turned left onto Elmwood Avenue. As the deputy turned, Slone attempted to cross the street, and the deputy struck him as he neared the yellow double lines in the center of the road.
The AG said the deputy got out of his truck, called 911, and attempted to provide aid to Slone. He was transported to a local hospital and pronounced dead shortly after midnight on January 10.
The AG said the following in a release on the investigation:
"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 deputy was speeding, driving while distracted, impaired by drugs or alcohol, or otherwise driving in a dangerous manner. The deputy checked to make sure the traffic had cleared before making the turn and slowly entered the roadway. After the deputy hit Mr. Slone, he immediately called for an ambulance and began performing life-saving measures.
In this case, the evidence does not establish beyond a reasonable doubt that the deputy’s conduct was a gross deviation from the standard that would have been observed by a reasonable person in the same circumstances, or that the deputy failed to perceive a substantial and unjustifiable risk of death. Therefore, OSI concluded that the evidence did not warrant criminal charges."
