Drunk driver charged with cop's death wasn't behind wheel at time of the accident

  • 8 years ago
MINEOLA, NEW YORK — A driver who set off a chain of events that led to the death of a police officer in 2012 is about to stand trial in a test case for the limit of criminal consequences.

James Ryan, 28, is charged with vehicular homicide, manslaughter and drunken driving, among 16 charges, over the death of Nassau County Police Officer Joseph Olivieri, according to the Associated Press in a report published by WRAL.

Ryan, however, was not behind the wheel at the time.

Prosecutors say Ryan had been drinking at a bar in Manhattan into the early hours of Oct. 18, 2012 and had a blood-alcohol level of 0.13, above the 0.08 New York state threshold, according to the Associated Press.

While driving east on the Long Island Expressway, Ryan clipped a BMW before stopping his Toyota Camry further down the road.

Ryan's car was then hit from behind by another vehicle, turning it sideways, according to prosecutors.

Officer Olivieri, 43, arrived on the scene a few minutes later and parked on the right shoulder, according to according to an earlier NBC 4 report.

Another car also stopped to help, and Olivieri began to walk over to the Toyota.

Olivieri was then hit and killed by a 2002 Cadillac Escalade, whose driver crashed into Ryan's vehicle before hitting the officer.

In February, an appeals court reinstated seven charges against Ryan after a judge had earlier dismissed them.

Ryan, a part-time student, faces up to 25 years in prison if convicted.

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