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A year-long investigation concluded that there was insufficient evidence to charge Troy Police Department officer Justin Byrnes in the death of Sabeh Alalkawi, New York Attorney General Letitia James announced Monday, Feb. 10.
Byrnes was responding to a domestic disturbance call in Troy shortly after midnight on Feb. 22, 2023 when he approached the intersection of Hoosick and 15th streets with lights and sirens activated, Troy Police said.
As he approached a red light, he slowed from 88 MPH to 65 MPH and crashed into Alalkawi’s car, which had a green light. Alalkawi was rushed to Samaritan Hospital, where he was pronounced dead.
The inquiry, conducted by the attorney general’s Office of Special Investigation (OSI), found that while Byrnes was speeding and therefore responsible for Alalkawi’s death, the evidence does not prove his actions rose to the level of recklessness required to bring criminal charges under New York law.
“In this case, while the officer is responsible for Mr. Alalkawi’s death, the evidence does not establish beyond a reasonable doubt that the officer’s conduct was a gross deviation from the standard that would have been observed by a reasonable officer in the same circumstances, or that the officer consciously disregarded a substantial and unjustifiable risk of death,” James office said.
The investigation included review and analysis of video footage from multiple security cameras, a civilian dashboard camera, and police body worn cameras. Officers also interviewed multiple witnesses to the crash.
Under New York law, a police officer responding to an emergency cannot be charged with a crime unless their actions constitute a “gross deviation” from reasonable conduct or show conscious disregard for a substantial and unjustifiable risk of death.
“OSI determined that a prosecutor would not be able to prove beyond a reasonable doubt at trial that the involved officer committed a crime, and therefore criminal charges would not be pursued in this matter,” the agency said in a statement.
James’ office also noted that Byrnes, then a 4-year veteran of the Troy Police Department, was not impaired, distracted, or otherwise negligent in his actions.
Loved ones remembered Alalkawi, a husband and father to newborn twins, as a “truly beautiful soul” and devoted family man.
“With a heart full of kindness and love for all those around him. He was a hard worker who always put his family and loved ones first, and went out of his way to help anyone in need,” Yaser Khalil wrote on a GoFundMe campaign to help the grieving family. “He was the kind of person who would light up a room with his infectious smile and positive energy, and he will be deeply missed by all who knew him.”
Troy Assistant Police Chief Steven Barker also expressed condolences in a statement last year, saying, “Our thoughts remain with the family and friends of the deceased, with the involved officer, the other first responders at the scene, and all those impacted by this loss within the Troy community.”
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