Attorney General James’ Office of Special Investigation Releases Report on Death of Jose Francisco Escobar Vasquez

March 19, 2026

NEW YORK - New York Attorney General Letitia James' Office of Special Investigation (OSI) today released its report on the death of Jose Francisco Escobar Vasquez, who died on March 15, 2025 following a motor vehicle incident involving an off-duty New York City Metropolitan Transportation Authority (MTA) police officer in North Amityville, Suffolk County. After a thorough investigation, which included review of 911 calls and footage from body-worn camera footage and nearby security cameras, interviews with the involved officer, witnesses, and a collision reconstructionist, and comprehensive legal analysis, OSI determined that a prosecutor would not be able to prove beyond a reasonable doubt that the involved officer committed a crime, and therefore criminal charges are not warranted in this case.

Shortly after midnight on March 15, an off-duty MTA police officer was driving south in his personal vehicle on Route 110 in Suffolk County. The intersection is not controlled by overhead traffic signals, pedestrian signals, or posted stop signs, and does not have a marked crosswalk. At 12:12 a.m. on March 15, the weather conditions were cold and rainy, and the area of the collision was dark.

As the off-duty MTA officer drove past the intersection of Francine Avenue and Route 110, the officer struck Mr. Vasquez as he walked into the left southbound lane of Route 110. Mr. Vasquez 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, there is no evidence that the officer was speeding, driving while distracted, impaired by drugs or alcohol, or otherwise driving in a dangerous manner. The OSI's investigation found that the officer was driving between 43 MPH and 47 MPH in a 40 MPH zone, which is not considered "dangerous speeding."

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 failed to perceive a substantial and unjustifiable risk of death. Therefore, OSI concluded that the evidence did not warrant criminal charges.