State Investigation Concludes No Charges Against Troy Police Officer in Fatal Crash

Officer Byrnes was driving west on Hoosick Street at speeds exceeding 70 mph when he struck another vehicle, killing the driver.

The New York Attorney General’s Office of Special Investigation (OSI) has released a report detailing its findings in the investigation into the death of Sabeeh Alalkawi, who died in a February 2023 collision with a Troy Police Department officer’s vehicle. The OSI concluded that it would not seek charges against Officer Justin Byrnes, determining there was insufficient evidence to prove criminal recklessness beyond a reasonable doubt.

The incident occurred just after midnight on February 22, 2023, when Officer Byrnes responded to an emergency call involving reports of yelling and screaming at a Ninth Street address in Troy. Officer Byrnes was driving west on Hoosick Street at speeds exceeding 70 mph when he entered the intersection at 15th Street against a red light, with his emergency lights and siren activated. At the same time, Mr. Alalkawi was driving southbound on 15th Street with a green light. His view of the approaching police vehicle was obstructed by buildings at the intersection.

The two vehicles collided in the intersection, with Officer Byrnes’s SUV striking Mr. Alalkawi’s car on the driver’s side. The impact caused significant damage, and Mr. Alalkawi was transported to Samaritan Hospital, where he was later pronounced dead. The investigation determined that Officer Byrnes was not impaired by alcohol or drugs at the time of the crash.

After a thorough review of video footage, event data recorder (EDR) information, witness statements, and crash reconstruction analysis, OSI concluded that while Officer Byrnes’s actions contributed to the collision, they did not rise to the level of criminal recklessness required for prosecution under New York law.

New York’s Vehicle and Traffic Law allows police officers to exceed speed limits and proceed through red lights during emergency responses if they exercise due care and avoid reckless behavior. Investigators noted that although Officer Byrnes slowed briefly before the intersection and activated his siren six seconds before the crash, his speed and failure to fully assess cross-traffic created significant risk.

The report also highlighted Officer Byrnes’s driving history, which included previous incidents while on duty and a history of driving-related violations before joining the police force. Additionally, the crash reconstruction report concluded that the primary contributing factor was Byrnes’s failure to exercise due caution when entering the intersection at high speed.

In determining not to pursue charges, OSI acknowledged the challenges in prosecuting police officers for conduct during emergency operations. Under current legal standards, prosecutors must prove reckless disregard for safety, which goes beyond ordinary negligence.

Following the release of the report, it was revealed that Officer Byrnes’s driving privileges were suspended after a Department of Motor Vehicles administrative hearing. In July 2024, his employment with the Troy Police Department was terminated.

The report concludes that while no charges will be filed, it emphasizes the importance of following established emergency response protocols to prevent similar incidents in the future.