Criminal Charges Not Recommended In Off-Duty Nassau Police Officer's Deadly 2022 Crash: AG

NEW YORK, NY — New York Attorney General Letitia James’ Office of Special Investigation released its report on the death of Teresa Gucciardo, who died on December 22, 2022, following a car crash involving an off-duty Nassau County Police Department officer a month earlier in Commack.

Following a thorough investigation, which included review of Suffolk County Police Department incident reports, medical records, and audio from a 911 call, as well as comprehensive legal analysis, OSI concluded that a prosecutor would not be able to prove beyond a reasonable doubt that the involved NCPD officer committed a crime, and therefore criminal charges were not warranted in this case.

On the afternoon of November 28, an off-duty NCPD officer was driving his personal vehicle in the parking lot of a shopping center located on Veterans Memorial Highway in Commack, the AG said. The officer made a left turn and struck Gucciardo, who was walking in the parking lot, the AG said. Gucciardo was transferred to a local hospital, where she died from her injuries on December 22, 2022, the OSI said.

In this case, James's office stated there is no evidence that the officer was speeding or driving in a dangerous manner. The officer immediately called 911 following the incident and remained on the scene to provide statements to Suffolk police, the OSI said.

Determining the possibility of alcohol impairment is an essential component of investigating vehicular crashes — and in this case, the officer was never given a portable breath test, James' OSI said.

While there is no evidence that the officer driving the car was impaired by drugs or alcohol, OSI recommended that all officers and supervisors administer portable breath tests in any vehicular crashes involving on-duty or off-duty police officers — as close to the time of the collision as practicable to ensure the most accurate results, the report said.