Attorney General James’ Office of Special Investigation Releases Report on Death of Steven Zalewski

NEW YORK – New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Steven Zalewski, who was declared dead on October 9, 2023 after a motor vehicle incident involving a member of the Dewitt Police Department (DPD) in Dewitt, Onondaga County. Following a thorough investigation, which included review of DPD reports, interviews, and body-worn camera footage, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to prove beyond a reasonable doubt that the involved DPD officer caused Mr. Zalewski’s death or committed a crime, and therefore criminal charges are not warranted in this case.

On the evening of October 9, a DPD officer was driving in a marked police car while responding to a residence in Dewitt. The officer was driving on Bridge Street, a multi-lane roadway with four southbound lanes and four northbound lanes separated by a concrete median, with a speed limit of 40 MPH. The officer was traveling southbound in the lane closest to the median at 28 MPH when he drove over Mr. Zalewski, who was lying on the ground. Mr. Zalewski 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, the investigation could not determine whether Mr. Zalewski had already been struck by another vehicle, or in fact had already died, when the officer’s car ran over him. In addition, there is no evidence that the officer was speeding, driving while distracted, or impaired by drugs or alcohol. The body-worn camera shows that the officer was not using his phone or any equipment in the police car. While toxicology testing showed that the officer was on a prescription medication, there is no evidence that it affected his ability to operate his patrol vehicle.

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) and was not asked to provide a blood sample for two and a half hours after the incident. While there is no evidence that the officer driving the car was impaired by drugs or alcohol, OSI recommends that all patrol officers and supervisors be trained in the administration of PBTs and field sobriety tests so that any on-duty or off-duty police officer, or any civilian, involved in a motor vehicle collision can be tested as close to the time of the collision as practicable to ensure the most accurate results. OSI also recommends that when a motor vehicle collision results in serious physical injury or the death of another person, police agencies should ask the involved officer to voluntarily consent to toxicology testing.