Posted on: December 15, 2024 11:55 AM

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Attorney General James office of special investigation releases report on death of Luis Morocho

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. 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 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.

From AG