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Will NY Law Protect Officer Who Ran Red Light, Killing Father?

Police Officer Justin Byrnes sent his 2.5-ton police cruiser barreling through an intersection at 88 mph just before he rammed into Sabeeh Alalkawi, killing the father of twins in the early hours of Feb. 22, 2023, in upstate New York. Byrnes, who was responding to a domestic disturbance call, was traveling nearly three times the posted 30 mph speed limit that night. The officer made a last-ditch attempt to hit the brakes, but his SUV zipped over the last 100 yards in less than three seconds, USA Today reports. A police reconstruction report found Byrnes responsible for the tragedy, saying his decision to drive through a red light without caution was the “primary contributing factor." His case is one more example where police have crashed a car into someone or something with devastating consequences, one of hundreds of cases being examined in a deep investigation by USA Today Network-New York and Syracuse University called "Driving Force."


Across the U.S., thousands have been killed during police pursuits. Police have been distracted by on-board computers, hit each other, wrecked cars rushing to a scene or have driven into trees and buildings. Vehicle speed and training remain factors, experts say. In New York, a state law that allows police officers to break traffic rules when racing to emergencies is used to protect them from discipline when they make poor driving decisions and smash their cars along the way, the Driving Force investigation found. Unless an investigation by the New York State Attorney General’s Office determines Byrnes acted recklessly or with negligence, the officer will not face criminal charges because of the state law that offers him broad immunity when responding to a call. A year after Alalkawi's death, his family is still waiting for that decision. For now, Byrnes is still working for the police department — on desk duty.

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