New York Attorney General Letitia James’ Office of Special Investigation released its report on the 2023 death of Lynn Walsh in Massapequa Park Monday, finding that there was insufficient evidence to pursue charges against off-duty New York City Police Department Sgt. Keith Weber.
The office sent out a nine-page report detailing its investigation into an accident that occurred at around 9:15 p.m. on March 10, 2023, that left Walsh dead after a week-long hospital stay, according to the report. Walsh had been crossing the street at the intersection of Sunrise Highway and Unqua Road when a turning vehicle struck her, the investigation said. The second car, driven by Weber, then attempted to swerve out of the way before hitting Walsh. She was then struck by a third vehicle that left the scene, according to the report.
Walsh had been taken to the hospital later that night in stable condition, the report said. She had hip replacement surgery on March 13, and it was discovered one day later that her lung had collapsed, according to the report. Walsh had been placed on a respirator March 15 and pronounced dead two days later, the report said.
“In this case, the evidence does not establish beyond a reasonable doubt that the sergeant’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 sergeant consciously disregarded a substantial and unjustifiable risk of death,” the report said. “Therefore, OSI concluded that there was insufficient evidence to pursue criminal charges.”
Investigators were able to get in contact with the first driver who had struck Walsh as well as two other witnesses. OSI also received dash cam footage from a Tesla that had been driving on Sunrise Highway when the accident occurred.
The report said Weber provided a written statement to NCPD, which he signed under penalty of perjury on March 10, 2023. He said in the statement he was driving westbound on Sunrise Highway when a car stopped abruptly in front of him. Weber then swerved to the left to avoid the car and hit Walsh, according to the statement. He then pulled over to the right side of the road and as he was getting out of the car, a third car, an SUV, ran over Walsh’s body and failed to stop at the scene, the statement said. Walsh was not interviewed as part of the investigation.
Weber, and the unnamed driver of the first car, had also been given a Breathalyzer test and Horizontal Gaze Nystagmus within one hour of the crash, the investigation said. Both people registered 0% blood alcohol content and showed no signof impairment.
The investigation concluded that it was “unclear” whether it was Weber who had caused Walsh’s death.
“Ms. Walsh was struck three times,” the report said. “The second strike was by Sgt. Weber, but based on witness accounts, the third and final strike seemed to be the more serious blow, with witnesses saying the third car ran over Ms. Walsh. In the absence of video evidence of the three strikes, and in the absence of a full autopsy examination, it is difficult to say whether Sgt. Weber caused Ms. Walsh’s death.”
