No Criminal Charges for NYPD Officer Who Fatally Struck a Young Woman in 2020
The office of New York State Attorney General Letitia James announced on Friday that it will not bring criminal charges against an NYPD officer who, responding to an emergency in October 2020, sped through a red light at 60 mph and fatally struck a young woman crossing a street in The Bronx.
OSI’s Report
The Office of Special Investigations (OSI) concluded in a 71-page report that it could not prove beyond a reasonable doubt that the officer, Ceasar Munoz, committed a crime. The report noted that Munoz took a number of precautionary measures, such as turning on his flashing lights and siren, which would make it difficult to prove he had acted recklessly.
Investigation Findings
Munoz, who worked in the highway unit, told investigators he was responding to a call of an officer who required assistance with an arrest on the Throgs Neck Bridge, and believed he needed to respond urgently. He acknowledged not slowing down enough at the red light where he struck 20-year-old Sofia Gomez Aguilon and said his view of her in the crosswalk was obscured by two lanes of cars that were backed up at the light.
Gomez Aguilon’s Death
Gomez Aguilon, a native of Guatemala, died at Jacobi Medical Center three days later.
Attorney’s Reaction
Leigh Eskenasi, an attorney for Gomez Aguilon’s family, which filed a lawsuit against the city, the NYPD, and Munoz in November 2021, said his firm would review the report to see how OSI arrived at its decision not to bring criminal charges.
NYPD’s Response
The NYPD’s press office and an attorney for Munoz did not respond to requests for comment.
Two Prosecutions, 16 Cases
The Attorney General’s probe took an unusually long time to conclude, taking over four years to complete, with the average case closure time in recent years being about 15 months.
Case Statistics
A review of fatal police car collisions in New York by USA Today found that the state AG has prosecuted just two officers in 16 such cases that were opened since July 2015, with another 13 cases still pending at the time of the review.
Disciplinary Action
Just five months after Gomez Aguilon’s death, the NYPD brought charges against Munoz for not operating his vehicle in a safe manner. He was forced to leave the department last year following an internal trial in June 2023, where the administrative judge deemed Munoz’s actions to be "reckless and unsafe." He was allowed to retire with his pension.
Conclusion
The decision not to bring criminal charges against Officer Munoz marks a rare instance of an officer being exonerated in a fatal police car collision.
Frequently Asked Questions
Q: Why was Officer Munoz not charged with a crime?
A: The Office of Special Investigations concluded that it could not prove beyond a reasonable doubt that Officer Munoz committed a crime.
Q: What were the circumstances surrounding the fatal collision?
A: Officer Munoz was responding to an emergency call and was traveling at a high speed when he struck 20-year-old Sofia Gomez Aguilon, who was crossing the street.
Q: What was the outcome of the internal trial against Officer Munoz?
A: Officer Munoz was forced to leave the department and was deemed to have acted recklessly and unsafely, but was allowed to retire with his pension due to his clean disciplinary record and remorseful demeanor.
