No criminal charges in death of pedestrian struck by Nassau police car responding to call, AG says

No charges will be brought against a Nassau County police officer who struck and killed a pedestrian in Uniondale while speeding to the scene of an impending arrest in 2022, the state attorney general’s office announced Tuesday.

Attorney General Letitia James’ Office of Special Investigation found no wrongdoing on behalf of Officers Michael Gironda, the driver, and Nicholas Stephanie, his passenger, in the death of Miguel Romero, 47, of Uniondale, who died on Nov. 19, 2022.

While Gironda was speeding — driving 62 mph in a 40 mph zone — when he struck Romero, police officers are legally permitted to "exceed the maximum speed limit and are not required to use sirens and lights when engaged in an emergency situation," according to the report. A Breathalyzer administered more than two hours after the crash showed no alcohol in Gironda’s system and investigators found no evidence that he was texting or talking on his cellular phone, the report said.

"Having comprehensively reviewed the facts and analyzed the law, OSI concludes that the evidence is insufficient to prove beyond a reasonable doubt that Officer Gironda committed the crime of Criminally Negligent Homicide or any other crime," the report said. "OSI therefore will not present evidence to a grand jury and closes the matter with the publication of this report."

However, the Office of Special Investigation report recommended that the police department immediately administer a breath test to officers who are the drivers in on-duty crashes.

"The [portable breath test] was administered in this case over two hours after the time of collision, despite the fact that investigating officers responded to the collision immediately," the report said. "OSI therefore recommends that the NCPD administer PBTs in law enforcement related collisions consistently and reliably soon after the time of collision."

A police department spokesperson did not respond to a request for comment Tuesday.

Romero’s family could not be reached for comment.

The investigation was carried out under New York State Executive Law 70-b, which grants the attorney general the authority to investigate all incidents where a police officer caused someone’s death.

According to the report, Gironda and Stephanie were speeding in an unmarked police vehicle, a 2011 Nissan Rogue, on Front Street in Uniondale while attempting to respond to the scene of an impending arrest in East Meadow when Romero, who was not in a crosswalk, attempted to cross the street.

Romero was struck at 9:25 p.m., according to the report, and Gironda swerved the vehicle in an apparent attempt to avoid hitting him. Surveillance video from a nearby business showed Romero, who had alcohol in his system, running across the street, hitting the officers’ windshield and being thrown forward, the report said.

The officers’ body-worn cameras were activated "nearly immediately after the collision," the report said, which added that the officers approached Romero and called for an ambulance, which arrived two minutes later.

Romero died at Nassau University Medical Center at 10:04 p.m. from blunt force injuries, according to the Nassau medical examiner’s office.