Attorney General James’ Office of Special Investigation Releases Report on Death of Luis Morocho
NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Luis Morocho, who died on August 8, 2023 following an encounter with an off-duty member of the New York State Police (NYSP) in Wappingers Falls, Dutchess County. Following a thorough investigation, which included interviews with civilian witnesses, review of body-worn camera footage and nearby security camera footage, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to prove beyond a reasonable doubt that the involved NYSP trooper committed a crime, and therefore criminal charges are not warranted in this case.
On August 8, 2023 at 9:02 p.m., an off-duty NYSP trooper was driving his personal vehicle heading north on State Route 9 in Wappingers Falls. State Route 9 has two southbound lanes and four northbound lanes, consisting of three lanes for through traffic and a left-turn-only lane. The northbound and southbound lanes are separated by a raised median and the posted speed limit is 40 MPH.
As the trooper approached the intersection of State Route 9 and New Hackensack Road, he was traveling in the middle through lane and had a green light. Shortly before the trooper reached the intersection, Mr. Morocho began walking west to east across State Route 9, against the crosswalk signal. Mr. Morocho crossed the two southbound lanes and then paused near the median before suddenly quickening his pace and jogging across the northbound lanes, directly into the trooper’s path. The trooper’s vehicle struck Mr. Morocho and he was transported to a local hospital, where he was pronounced dead.
In New York, proving criminally negligent homicide requires proving beyond a reasonable doubt that a person 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, the trooper was driving in the correct lane and had a green light as he approached the intersection of State Route 9 and New Hackensack Road. The trooper’s vehicle was moving with the flow of traffic, and there is no evidence that he was exceeding the posted speed limit of 40 MPH.
The trooper was administered a preliminary breath test (PBT) within an hour of the collision, and there is no evidence to suggest that he was impaired by drugs or alcohol or that he was otherwise distracted at the time of the crash.
In this case, although the collision with the trooper’s car caused Mr. Morocho’s death, the evidence does not establish beyond a reasonable doubt that the trooper’s conduct was a gross deviation from the standard that would have been observed by a reasonable officer in the same circumstances, or that the trooper consciously disregarded a substantial and unjustifiable risk of death. The trooper took precautions before the collision by engaging his brakes and swerving to the right in an attempt to avoid striking Mr. Morocho. Therefore, OSI concluded that there was insufficient evidence to pursue criminal charges.
